CHARLESTON, W. Va – C.R. Bard’s expert Dr. Marhsall Austin may testify at an upcoming Avaulta Transvaginal mesh trial. Dr. Austin may testify using his expert knowledge on the biocompatibility of the devices polypropylene mesh.
However, U.S. District Court Judge Joseph Goodwin gave an order on February 11, 2015 that said Austin may not testify as to whether the Avaulta device has a defective design, finding the subject is beyond his expertise.
The Trial of Debra Wise v. C.R. Bard Inc., No. 2:12-1378 (S.D. W. Va.)
Debra Wise was implanted with the Avaulta Plus Anterior Support System and the Avaulta Plus Posterior Support System to treat her pelvic organ prolapse. The surgery took place in West Virginia.
Following the surgery, Wise allegedly experienced multiple complications, including vaginal spasms, damage to her ureter, vagina, and rectum, kidney reflux, urinary tract infections, chronic constipation, dyspareunia (pain during sexual intercourse), lower pelvic pain, incontinence, and kidney stones.
Wise and her husband sued C.R. Bard directly in the MDL, asserting state law claims of negligent inspection, packaging, marketing, and selling; manufacturing defect (negligence and strict liability); failure to warn (negligence and strict liability); breach of warranty (express and implied); and punitive damages.
Pre-Settlement Funding For Transvaginal Mesh Lawsuits
Transvaginal mesh is the largest MDL in US history and just like Colleen Perry’s trial it will take longer than expected to settle in court. If you have a clear settlement lined up down but you don’t want to wait for it, we can help. Our legal funding services can get you money before your case settles in court so you don’t have to wait. Use our money for surgical funding, outstanding bills or whatever you need to get your life back on track.
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Credit: HarrisMartin Publishing