The country’s first trial against a manufacturer of a vaginal mesh ended during the second day of testimony when Federal Judge Joseph Goodwin declared a mistrial. The trial being heard in Charleston, West Virginia came to a grinding halt when the plaintiff’s expert, Lennox Hoyte, M.D., testified about that the defendant, CR Bard, Inc., had withdrawn the device from the market last year, in direct contradiction to the court’s ruling to exclude that fact from the jury.

The case was one of four bellwether cases set for trial at that time. The four case are . . .

  1. Cisson, et al. v. C. R. Bard, Inc. 2:11-cv-00195
  2. Queen, et al. v. C. R. Bard, Inc. 2:11-cv-00012
  3. Rizzo, et al. v. C. R. Bard, Inc. 2:10-cv-01224
  4. Jones v. C. R. Bard, Inc. 2:11-cv-00114



I have, sadly, experienced several times the heartbreak of a having a judge declare a mistrial. It can be very difficult and expensive for the plaintiff’s lawyers, who have blocked off enormous time and spent much money to prepare for trial. A trial of this magnitude, I imagine, took months if not years for the lawyers to prepare.

At that point in the trial, a jury had already been selected, and opening arguments had been made. The defense had already heard the specific questions and how they case was themed by the plaintiffs and could go back and re-tune the defense for the next trial. It is as if after the first ten minutes of the Super Bowl, the referees had declared a “do over.”

Another problem is that rarely are cases that are mistreated immediately recalled to start again. Instead, it may take months or even years before the case is reset for a new trial.


Bard, headquartered in New Jersey, is currently facing 3,600 claims about its Avaulta Plus vaginal mesh, which has been associated with corrosion, resulting in an increased risk of internal damage to the women who use it.

Other vaginal mesh manufacturers being sued:

  1. Johnson and Johnson.
  2. Endo Health Solutions.
  3. Boston Scientific.

The next court hearing in the case is scheduled for Thursday, September 19, 2013, at 10:00 a.m. in Charleston, at the U.S. District Court, Southern District of West Virginia.


Transvaginal mesh,  or surgical mesh, is a medical device used to fix weak or damaged tissue. It is made from either an absorbable or nonabsorbable synthetic or biologic material. Urologists and gynecologists use it to support and reinforce weakened vaginal walls or to treat conditions called pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

Pelvic Organ Prolapse

POP occurs when an organ bulges, or prolapses, into the vagina and occasionally past the vagina’s opening. More than one organ canprolapse at the same time. Organs that can prolapse into the vagina:

  1. Bladder
  2. Uterus
  3. Rectum
  4. The top of the vagina (vaginal apex)
  5. Bowel

Stress Urinary Incontinence (SUI)

Stress urinary incontinence (SUI) occurs when a woman experiences urine leaking during moments of intense physical activity, coughing, sneezing, and even laughing.


In 2008, the FDA first warned about the risk of serious complications associated with transvaginal surgical mesh when it issued a Public Health Notification and Additional Patient Information. In 2011, the FDA issued a Safety Communication to update the public, based on increasing reports of adverse incidents associated with transvaginal mesh injuries. In its update report, the FDA stated that “serious complications associated with surgical mesh for transvaginal repair of POP are not rare.”


The most commonly reported complications that our mesh claims lawyers have heard from our clients who have had undergone surgery to repair POP with a mesh include . . .

  1. Erosion of the mesh extruding through the vagina.
  2. Pain.
  3. Bleeding.
  4. Infection.
  5. Painful sexual intercourse.
  6. Organ perforation.
  7. Painful urination.
Transvaginal mesh devices can have more complications than you think.

Transvaginal mesh devices can have more complications than you think.

Many of our clients have required additional surgeries and hospitalizations.


Have you experienced a problem with vaginal mesh? One of the most important things we do for women with transvaginal mesh claims is report the incident to the Food and Drug Administration. Patients can also file confidential complaints to the FDA directly. For more information on how to file an FDA compliant for defective transvaginal mesh, click here.


If you have undergone surgery where mesh was used, contact our office for a free legal consultation. We promise all of our clients that we will never charge them unless we are successful in obtaining money for them. Our defective mesh recall lawyers are experienced in holding medical device manufacturers accountable when they place their profits ahead of the safety of people. Let us help you.

Our surgical mesh attorneys are helping women across the country file claims against the makers of defective vaginal mesh devices. Call our office Toll Free at 866-597-4529 or email me, Spencer Aronfeld, today.

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