Bard Inc. has lost its Fourth Circuit appeal of a jury’s $2 million verdict in a trial that found the medical device maker liable for a woman’s injuries from defective vaginal mesh implants. This suit is one of four bellwethers in the West Virginia MDL and is the first to go to trial in federal court out of a group of suits brought by thousands of women over injuries allegedly caused by the implants which are used to treat pelvic organ prolapse or stress urinary incontinence. In addition to finding that evidence regarding safety warnings was properly admitted and evidence regarding FDA clearance was properly excluded, the court affirmed that the $1.75 million in punitive damages, in comparison with $250,000 in compensatory damages, wasn’t excessive.
Author: Sarah Showardhttp://showardlaw.com
Sarah Showard graduated from the University of Maryland in 1985, Magna Cum Laude with a Bachelor of Arts in English-Linguistics and a Certification in Women's Studies. She then graduated from New York University School of Law in 1988. Sarah began practice initially as an insurance defense attorney, and has been representing plaintiffs since 1990.