Jury awards $3.6 million verdict in first transvaginal mesh lawsuit

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by Heygood Orr and Pearson

A jury in California has awarded a $3.6 million verdict to a woman who developed chronic pain and other complications caused by transvaginal mesh. Christine Scott’s transvaginal mesh lawsuit is the first of the hundreds of mesh cases that have been filed nationwide to go to trial.

Although the Food and Drug Administration warned about the dangers of transvaginal mesh in 2008, serious concerns about these products first arose in 2011, when thousands of reports of complications from transvaginal mesh forced the agency to issue a new warning about its health risks. The FDA’s transvaginal mesh warnings stated that complications from these products were not rare (as had previously been thought) and that they carry additional risks of complications not found with traditional surgical repair.

After being diagnosed with urinary incontinence in 2008, Scott received a transvaginal mesh product manufactured by C.R. Bard and marketed under the name Avaulta Plus Biosynthetic Support System. Within a short time, Scott started to experiences problems with her surgical mesh implant, including chronic pain, incontinence, and problems during intercourse. Since then, she has undergone eight surgeries to correct problems with the transvaginal mesh, which cannot be safely removed from her body.

Scott filed a transvaginal surgical mesh lawsuit against C.R. Bard in 2009 after learning about the FDA’s warning concerning the risks of transvaginal mesh. Scott alleged that despite the health risks associated with transvaginal mesh products, they were used to treat patients with stress urinary incontinence and pelvic organ prolapse despite never having been tested on humans.