Feroleto Law, Buffalo NY

Jury awards punitive damages against manufacturer of surgical mesh

The jury in the first federal trial involving transvaginal mesh returned a verdict of $2 million Thursday. The woman brought suit against C R Bard, Inc., alleging the manufacturer failed to warn about product defects which caused injuries, including bleeding and pain requiring her to undergo two surgeries to remove the mesh.

The product is surgically inserted into a woman to treat pelvic organ prolapse (POP) a fairly common condition in women after childbirth and in older women.¬† Critics say the surgery can often be performed without¬† implanting mesh and the mesh is prone to complications and can erode. It is often difficult to remove¬† the because healthy tissue grows through the mesh, thereby integrating it into the woman’s body.

The compensatory damages for personal injuries were $250,000.00 and punitive damages were $1,750,000. In New York State is very difficult to recover punitive damages. There are currently about 20,000 lawsuits pending in multidistrict litigation in Charleston, West Virginia