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Transvaginal Mesh Lawsuit Update: Rottenstein Law Group LLP Comments on C.R. Bard Mesh Mistrial

(PRWEB) July 10, 2013

A transvaginal mesh trial in federal court in West Virginia against C.R. Bard was declared a mistrial on July 10 because an expert witness testified about Bard’s mesh marketing practices despite U.S. District Judge Joseph Goodwin's ruling earlier that plaintiffs could not mention them. The Rottenstein Law Group LLP, a transvaginal mesh law firm, assures those who are looking to file mesh lawsuits that they should not be discouraged by the news. The firm operates a website at that explains in detail the lawsuits and alleged side effects.

The trial was in its second day when a gynecology expert for plaintiff Donna Cisson veered into mentioning during his testimony that Bard had withdrawn the Avaulta vaginal mesh in June 2012. Bard’s counsel called for a mistrial, which Goodwin granted, according to Bloomberg.

“The testimony of the witness was unfortunate,” said Rochelle Rottenstein, principal of the Rottenstein Law Group LLP. “That he veered outside the parameters is not a reflection of the viability of transvaginal mesh lawsuits, though. It just means that he probably made a mistake.”

As with other plaintiffs in In Re C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation (MDL-2187; U.S. District Court for the Southern District of West Virginia), Cisson had alleged that her Bard Avaulta transvaginal mesh implant injured her, according to documents filed in Cisson v. C.R. Bard Inc. (2:11-cv-00195; S.D.W.Va.). The trial was scheduled to last 12 days. Other vaginal mesh companies—Ethicon, Cook Medical, American Medical Systems, Boston Scientific and Coloplast—are also defendants in federally consolidated products liability litigations with a combined several thousand plaintiffs who allege side effects such as erosion and organ damage. Bard could face another jury if the case is retried, the Bloomberg story said.

Last year, Bard lost an Avaulta trial in California in which the jury awarded the plaintiff $5.5 million, according to Bloomberg.** There are four federal bellwether trials scheduled, according to court documents. The next is scheduled for July 29, followed by the third on Aug. 19 and the fourth on Sept. 9.

The Rottenstein Law Group LLP encourages those who believe they have suffered from the Avaulta’s alleged side effects to download a free informational brochure from its website. Those who believe their mesh has injured them and who are considering filing a lawsuit will find information about eligibility and procedures for filing a vaginal mesh lawsuit.

* (July 10, 2013)

** (July 24, 2012)

The Rottenstein Law Group LLP is a New York-based firm that represents clients nationwide in mass tort actions. The firm was founded by Rochelle Rottenstein, who has more than two decades of experience as a lawyer, to represent clients hurt by defective medical devices and medications. (Attorney advertising. Prior results do not guarantee a similar outcome.)

The Rottenstein Law Group LLP
Rochelle Rottenstein, Esq.
321 W. 44th Street
# 804
New York NY 10036
(212) 933-9500 (office phone)
(212) 933-9980 (facsimile)
rochelle (at) rotlaw (dot) com


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