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October 9, 2012

$5.5 Million Verdict: First pelvic mesh lawsuit to go to trial results in large award for California couple

In a recent article that ran in Lawyers Weekly USA, Motley Rice medical attorney Fidelma Fitzpatrick was interviewed about the first case to go to trial involving a pelvic mesh/transvaginal mesh product.

Christine Scott and her husband (not Motley Rice clients), of California, sued mesh manufacturer C.R. Bard and the doctor who implanted the mesh for life-altering injuries that Scott suffered as a result of complications involving the mesh. The couple was awarded $5.5 million in this individual case, which is not part of the pelvic mesh cases consolidated in the U.S. District Court for the Southern District of West Virginia against American Medical Systems, Boston Scientific, C.R. Bard and Johnson & Johnson subsidiary Ethicon.

"If this isn't a wake-up call (to defendants), I don't know what will be. I think verdicts could definitely go higher," said Fitzpatrick in the article. "These are just some of the most severe and permanent injuries you are going to see in medical device cases."

Although this individual case is not a bellwether trial because it's not part of the MDL, the article addresses whether the case is potentially indicative of future verdict results in the MDL litigation. There are currently more than 3,000 cases consolidated in the West Virginia MDL, as well as hundreds more in state courts.

Motley Rice medical attorneys Fidelma Fitzpatrick, Fred Thompson and Jonathan Orent hold leadership roles in federal and state pelvic mesh cases, representing hundreds of clients in pelvic mesh lawsuits. Learn more about how our medical lawyers fight for people hurt by transvaginal/pelvic mesh and other medical devices and work to hold accountable those responsible for negligent medical care, corporate wrongdoing, and inadequate warning, research and testing.