First C.R. Bard Transvaginal Mesh Lawsuit Declared Mistrial In WV District Court

The law firm of Balkin & Eisbrouch, LLC continues to pursue transvaginal mesh lawsuits despite the recent ruling of a mistrial in litigation concerning the controversial medical devices.

An Avaulta mesh lawsuit against C.R. Bard ended in a mistrial in what was to be the first federal bellwether trial in the U.S. District Court, Southern District of West Virginia. As reported by Bloomberg News on July 10, 2013, District Judge Joseph Goodwin ended the trial after an expert witness for the plaintiff testified about Bard’s marketing efforts – subject matter that was deemed inadmissible. (Cisson v. C.R. Bard Inc., 2:11-cv-00195)

Balkin & Eisbrouch, LLC, a national products liability law firm specializing in vaginal mesh litigation, says this unfortunate turn of events should not discourage those who are considering a mesh lawsuit. “The inadmissible witness testimony is a minor setback; we hope the new trial will proceed unhindered as soon as possible,” says Charles Balkin – founding partner of Balkin & Eisbrouch, LLC.

Balkin & Eisbrouch, LLC, continues to monitor the latest developments in pelvic mesh MDL proceedings, while providing free case evaluations to women who allege severe injuries after receiving products manufactured by C.R. Bard, Inc. and other companies such as Ethicon, Boston Scientific and American Medical Systems, Inc. Learn more about vaginal mesh lawsuits on their website at

The Avaulta mesh trial was on its second day when Lennox Hoyte, a gynecological expert for plaintiff Donna Cisson, testified that Bard had withdrawn its Avaulta mesh products back in June of 2012. Judge Goodwin granted the mistrial after ruling that plaintiffs could not speak about C.R. Bard’s suspension of Avaulta sales, according to Bloomberg. Court documents show that Bard faces at least 3,600 claims in the federal multidistrict litigation (In re C.R. Bard Inc. Pelvic Repair System Products Liability Litigation, MDL No. 2187). The Cisson case was the first of four bellwether trials scheduled in the Charleston, West Virginia court.

According to documents filed in Cisson v. C.R. Bard Inc. (2:11-cv-00195; S.D.W.Va), the plaintiff alleged debilitating injuries after being implanted with Bard’s Avaulta Plus mesh in 2009. Other mesh manufacturers including Cook Medical, American Medical Systems, Boston Scientific, Ethicon and Coloplast are named as defendants in separate MDL proceedings in the West Virginia district court. At present, more than 20,000 lawsuits have been centralized in six MDLs before Judge Goodwin.

Since 2008, the FDA has issued two safety communications regarding the alleged risks of pelvic mesh devices for POP repair, and in 2011 concluded that transvaginal mesh complications including organ perforation and mesh erosion were “not rare.”

“We are committed to help women who suffered mesh complications allegedly caused by devices manufactured by C.R. Bard and other companies. They may be entitled to damages for medical expenses, lost income, emotional trauma, pain, suffering and other compensation,” said David Eisbrouch, co- founding partner David Eisbrouch. More information about filing a transvaginal mesh lawsuit and scheduling a confidential consultation is available here.

About Balkin & Eisbrouch
Since 1973, the law firm of Balkin & Eisbrouch, LLC has represented those who have been harmed by dangerous drugs, defective medical devices and consumer products. In addition to being staunch advocates for their clients’ cases, the firm’s national network of product liability lawyers offer the highest caliber of legal representation for women who allege injuries from transvaginal mesh complications.

Release ID: 20039