As the dust continues to settle on recent transvaginal mesh jury verdict against C.R. Bard, the case of Wanda and Greg Queen v. C.R. Bard is on its way to a jury as well.* To treat plaintiff’s pelvic organ prolapse, Dr. Elizabeth Barbee at Wake Medical Center in Raleigh, NC placed plaintiff with the Bard Avaulta Solo Anterior Synthetic Support System.*
Plaintiffs (the patient and her husband) allege eight causes of action including negligence, design defect, manufacturing defect, failure to warn, breach of an express warranty, breach of an implied warranty, loss of consortium, and punitive damages.* Plaintiffs’ negligence claim suggests that Bard failed to use reasonable care in designing, marketing, and selling the Avaulta mesh.* Plaintiffs’ design defect claim alleges that the product is not reasonably safe for its intended use, while their manufacturing defect claim argues that the product was not safe due to an error in manufacturing.*
In their Complaint, the plaintiffs further allege that the transvaginal mesh was not adequately labeled and was therefore defective.* With regard to the claims for breaches of express and implied warranties, the claims allege that the transvaginal mesh was not safe and adequate for its intended purpose or its ordinary purpose.* The victim’s husband is also suing in this case for loss of consortium because he has suffered the loss of his wife’s companionship and affection.* Finally, Plaintiffs have requested punitive damages to punish Bard for allegedly knowing of the risks but remaining indifferent to them.* Unfortunately, these types of lawsuits are not uncommon and are, in fact, becoming more common, as more women realize that they have been injured by transvaginal mesh products.
*Wanda and Greg Queen v. C.R. Bard- Transvaginal Mesh Trial Day One, (Mesh Medical Device News Desk, August 18, 2013), http://meshmedicaldevicenewsdesk.com/latest-in-the-litigation-concerning-mesh-and-medical-devices/wanda-and-greg-queen-v-c-r-bard-transvaginal-mesh-trial-day-one/