The litigation against manufacturers of pelvic mesh devices continues to increase nationwide. A pelvic mesh implant is a synthetic material implanted and tied to ligaments or bone to lift and support internal organs. The implants were introduced over a decade ago, and can serve as an alternative to a hysterectomy. Thousands of women, who were allegedly uninformed about the dangers involved with the mesh implants, have since complained of injuries, including severe pain, infections and bleeding that often require follow-up surgeries.
C.R. Bard, maker of the Avaulta pelvic mesh device, was recently involved in a dispute concerning the admissibility of several internal memoranda created by Bobby Orr, head of Bard’s Advanced Surgical Concepts Division. Back in 2008 and 2009, Orr drafted memoranda discussing various options and materials that could be used to make new pelvic mesh products safer. Plaintiff sought to introduce the memos in the jury trial of Carolyn Jones v. C.R. Bard to support her claim for design defect. The manufacturer argued the memos discussed hypothetical design changes that were discussed after the Avaulta device had been designed, shipped, and implanted in plaintiff. As such, the manufacturer argued the memos were not helpful to the issue of design defect and should be inadmissible.
The Court disagreed with these arguments and allowed plaintiff to introduce the memos at trial. The Court wrote that “While the Orr memoranda post-dated that critical point in time, each piece of scientific literature found in the memoranda was published prior to it. The pre-launch, peer-reviewed body of literature referenced by Mr. Orr, and his comments respecting it, may thus relate to what Bard should have known prior to launch and the feasibility of a then-safer alternative.” Accordingly, the memoranda were found to be admissible before the jury at trial.
If you or a loved one has experienced any injury from the use of a vaginal mesh implant, please contact Stark & Stark and speak to one of the Mass Tort attorneys, free of charge, who can help assess any claims that you might have against a manufacturer of the vaginal mesh device.