Federal appeals court upholds $2M award
Jeremy M. Lazarus | 1/27/2016, 8:32 p.m.
Thousands of women who suffered injuries from a transvaginal mesh product that was implanted to resolve pelvic problems could benefit from a federal court decision.
A three-judge panel of the 4th U.S. Circuit Court of Appeals last week upheld a jury’s award of $2 million to a woman who sued one of the manufacturers of the product, New Jersey-based C.R. Bard Inc.
In an opinion written by Judge Roger L. Gregory, the panel rejected the company’s arguments for overturning the jury’s damage award.
The company appealed the August 2013 verdict of a federal jury in Charleston, W.Va., where 70,000 cases involving such products are being heard.
In the first jury trial involving transvaginal mesh, the jury awarded Donna Cisson of Georgia $250,000 in compensatory damages and $1.75 million in punitive damages. The punitive damages are to be split with the state of Georgia.
U.S. District Judge Court Joseph R. Goodwin accepted the verdict and the jury’s finding that C.R. Bard’s Avaulta Plus product was defective and that the company failed to warn of the defect.
Judge Gregory’s opinion found no merit in the company’s claims that Judge Goodwin had committed reversible error in his decision.
The mesh devices are used to treat female pelvic disorders, most notably pelvic organ prolapse, a condition in which internal organs fall out of place due to the loss of supporting muscles. The mesh is surgically implanted to provide replacement support.
