On July 10, 2013, the first federal CR Bard transvaginal mesh trial was declared a mistrial. The lawsuit is just one of thousands that are part of the Multi-District Litigation in West Virginia. In this particular case, the Plaintiff Donna Cisson claims to have been injured by C.R. Bard’s Avaulta transvaginal mesh implant. The case, which is part of the 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), came to an abrupt end when one of the plaintiff’s expert gynecologist, Dr. Lennox Hoyte testified on the subject of C.R. Bard withdrawing the Avualta mesh product back in June, 2012.
Prior to the testimony, Judge Joseph R. Goodwin, ruled that any mention of the Food and Drug Administration (FDA) and 510(k), the fast-track approval process that allows mesh on the market, should be excluded from trial. In his testimony, Dr. Hoyte stated,
“Hardly anybody uses it anymore and no one sells it anymore, it’s not for sale in the U.S., it was withdrawn.”
After some deliberation, Judge Goodwin declared a mistrial comparing the testimony to a ‘bell that could not be unrung”. While an unfortunate setback for the plaintiff, and all those with eyes on the transvaginal mesh litigation, Bard could face another jury if the case is retried.
There remain over 20,000 cases in the West Virginia MDL. There are 3 bellweather trials still scheduled, the next to begin July 29, 2013. The remaining two trials are scheduled for August 19th and September 9th. Each trial is expected to last approximately 12 days.