CR Bard, Incorporated may have to face another jury in a product-liability case over vaginal-mesh devices after a federal judge declared a mistrial because of a witness’s testimony, according to a July 2013 article in Bloomberg News.
U.S. District Judge Joseph Goodwin in West Virginia, stopped the trial in its second day after Dr. Hoyte, a gynecological expert from Florida, strayed into testimony about the devices’ marketing. Judge Goodwin had ruled earlier that the plaintiffs couldn’t mention Bard had withdrawn the products last year.
“I don’t think it’s a bell that can be unrung. It would be very difficult for the jury to disregard.” Judge Goodwin said.
Bard faces at least 3,600 claims over its Avaulta Plus vaginal mesh which can cause internal damage. Implant makers including Johnson & Johnson, Endo Health Solutions Inc. and Boston Scientific Corp. face similar type claims.
According to the article, a lawyer for Bard said, “We’re disappointed the plaintiff’s witness blurted what he did and forced us to ask for a mistrial”.
The lawsuits pending in the litigations allege that the transvaginal mesh devices used in pelvic organ prolapse (POP) and stress urinary incontinence (SUI) repair surgeries caused women to suffer serious complications, including vaginal erosion, inflammation, infection, chronic pain and organ damage.