Bard’s defense team finished presenting its witnesses and arguments, and the West Virginia jury has begun its deliberations to decide whether Bard’s Avaulta mesh was defective.
The defense addressed accusations against Bard’s meshes and highlighted medical complications with the plaintiff in the trial. Bard argued that the polypropylene weave used to make the mesh is perfectly safe, because polypropylene surgical meshes have been used for decades to treat hernias and other medical conditions. Bard also presented expert testimony claiming that Bard’s mesh had not degraded in Mrs. Cisson’s body and that the mesh had a covering of biological material acting as a barrier between the mesh and her tissue. Mrs. Cisson’s medical history also became an important issue, with Bard’s lawyers claiming that the pain that she attributed to the Avaulta mesh was actually caused by preexisting back and joint problems found in her medical records.
In closing arguments, the plaintiff’s lawyers repeated their claims that Bard rushed transvaginal meshes to market without sufficient testing in order to increase its profits and mislead patients and doctors about the nature, severity, and likelihood of complications.
A number of motions were filed by both sides asking Judge Goodwin to rule on particular issues or on the case as a whole, hoping to settle as many issues as possible in their favor before the case goes to the jury. Judge Goodwin has not yet ruled on these motions.
Both sides, along with over 4,000 women who have filed suits against Bard and over 19,000 who have filed against other mesh manufacturers, now await the jury’s verdict. This bellwether trial tests the strength of the evidence, arguments, and legal theories of each side in the case. The outcome of this case and the three upcoming bellwether trials against Bard will give the parties insight into the likely outcomes of the thousands of other cases and will probably help lead to a settlement between Bard and the plaintiffs filed against it.
Advocates for TVM Victims
Case Funding, Inc. continues to provide plaintiff advances for victims of defective mesh products, as well as surgical advances for those women in need of revision surgery but who lack the ability to pay for it.