After 12 hours of deliberations over two days, a jury has ruled against C. R. Bard ($BCR) in a second lawsuit alleging the company caused a woman's injuries with an unsafe vaginal mesh implant. The panel awarded her $2 million--$250,000 in basic compensation, plus $1.75 million in punitive damages.
As Bloomberg reports, Bard has pledged to appeal the Charleston, WV, federal court case.
"We disagree with the verdict reached by the jury and believe there are compelling grounds for reversal. We will appeal," Bard spokesman Scott Lowry told Bloomberg in an emailed statement. He also asserted that the Avaulta products at issue in the case "are safe and effective medical devices cleared by the FDA."
This latest case against Bard went to the jury on Aug. 14, after closing arguments wrapped up on Aug. 13. Plaintiff Donna Cisson had alleged that Bard's Avaulta Plus vaginal mesh implant left her with bladder spasms, bleeding, and pelvic and rectal pain. Doctors were forced to remove the implant through several surgeries, she said. Bard countered during the trial that Avaulta was properly designed and made, and that it had no connection to Cisson's injuries.
The first trial in Cisson's lawsuit ended in a mistrial in July, when a witness mentioned that Bard had pulled Avaulta products from the market, violating a judge's ruling not to do so.
In 2012, Bard lost its first vaginal mesh case and was ordered to pay $3.6 million following the California state court jury's decision. About 5,000 vaginal mesh claims are building up against Bard, which took a $275.1 million litigation charge in the 2013 second quarter.
Bard will have little time to regroup. The next Avaulta Plus vaginal mesh lawsuit begins in West Virginia on Aug. 19, Bloomberg noted.
Thousands of similar vaginal mesh safety claims are also pending against rival Johnson & Johnson ($JNJ) and other competitors. In light of the vaginal mesh controversy, the FDA is now poring over safety data from 31 manufacturers.
- read the Bloomberg story
Editor's note: The headline and story have been updated with new information regarding the final damage award against Bard, the company's pledge to appeal and the date of Bard's next vaginal mesh trial.