Yesterday, a settlement was proposed in Wanda L. and Greg T. Queen v. C.R. Bard case, the second of four federal bellwether transvaginal mesh cases against against the manufacturer of transvaginal mesh products. Wanda was implanted with the Bard Avaulta Solo Anterior Synthetic Support system during her pelvic organ prolapse surgery. The first federal trial awarded $2 million to Donna Cisson in her case against C.R. Bard. There are currently 28,000 consolidated cases in the court naming six total manufacturers of transvaginal mesh products.
Now we have word that the Queen case has been settled and no trial will be held. In settlement cases, amounts awarded to the plaintiff are usually not available to the general public and the defendant doesn’t admit liability.
It is understandable why C.R. Bard would want to settle, and avoid further punitive damages (like last week’s $2 million jury verdict against bard). Of all the people injured by the transvaginal mesh used in surgeries, Wanda Queen suffered the most. She experienced extreme physical and emotional pain and deformity, as well as impaired physical relations with her husband, Plaintiff Greg Queen. The good news is that a settlement can’t be appealed, and the plaintiff will not have to endure further litigation.
So what does this mean for future transvaginal mesh cases? One could speculate that it means this manufacturer (and possibly others who are also being sued) understands its liability and knows that jurors will find in favor of future plaintiffs. Transvaginal mesh has caused serious physical and emotional damage for thousands of victims who had this product inserted during pelvic organ prolapse surgery or stress urinary incontinence surgery.
Although no amount of money can compensate for the horrible injuries these victims experienced, based on the first two cases, the manufacturer must pay for its wrongdoing. Reyes | Browne | Reilley represents almost 300 transvaginal mesh plaintiffs nationwide, and we strongly believe justice will be served for our clients.