The newest verdict in the lawsuits regarding vaginal mesh injuries brought an award of $250,000.00 in compensatory damages, in addition to $1.75 million in punitive damages. However, under Georgia law, 75% of the punitive damages award will be handed over to the state’s general fund. The verdict sent a very clear message to C.R. Bard, Inc. that injuries caused as a result of defective products, failure to warn and “malice, fraud or wantonness” in mishandling of medical devices would not be tolerated. Allegations in the case included egregious contentions that Bard officials put profits ahead of safety and ignored warnings about defects in the implants. Bard argued that it had “no intent to harm” in the case.
In this case, the plaintiff’s injuries included perforation of her internal organs, vaginal scarring, pelvic pain, and pain during intercourse. The damages to the plaintiff were so severe it required a revision surgery and caused significant negative impacts to her quality of life.
The New Jersey case is only one of more than 8,000 other claims against Bard. Although an appeal is expected, Bard suffered a 1.7 percent drop in stock after the verdict. This is the second large verdict against Bard, who suffered a $5.5 million verdict in California last year in the first ever vaginal mesh trial. Under California law, Bard will only be liable for $3.6 million of the initial award.
A partner with Inserra & Kelley, Attorneys At Law since 1993, Craig Kelley focuses on personal injury law with a large emphasis on motorcycle and bicycle related cases and claims with the goal of first helping clients heal and then getting speedy resolution of their disputes.