Judge Grants Motions Limiting Testimony in Bard Transvaginal Mesh Cases

Jun 7th, 2013 | By | Category: Legal News

Product Liability Multidistrict Litigation (MDL)

Judge Joseph R. Goodwin, overseeing MDL

Judge Joseph R. Goodwin, overseeing MDL

June 7, 2013 ~ News coming out of Charleston, West Virginia in the upcoming trials of C.R. Bard over its Avaulta family of transvaginal mesh products show the cases are moving along to a July 8 trial date as defendant, C.R. Bard tries to limit the testimony of 12 sets of expert witnesses.  A set refers to the four plaintiff cases set to be heard back-to-back:

Donna and Dan Cisson, et al. v. C. R. Bard, Inc. 2:11-cv-00195

Wanda and Greg Queen, et al. v. C. R. Bard, Inc. 2:11-cv-00012

Linda and Ronald Rizzo, et al. v. C. R. Bard, Inc. 2:10-cv-01224

Carolyn Jones v. C. R. Bard, Inc. 2:11-cv-00114

On June 4, orders were entered by Judge Joseph R. Goodwin to limit the testimony of some expert witnesses in an effort to move along the four back-to-back cases.

A Motion by C.R. Bard was granted to limit the opinions and testimony of Denniz Zolnoun, MD MPH; (see Part Three Suffering in Silence here).

Bard argued in a motion filed March 21, 2013 that argues that, “Dr. Zolnoun’s opinions are “unsupported by any testing or reliable methodology.”

Judge Goodwin granted that motion and Dr. Zelnoun’s opinions are excluded in their entirety.

In the Cisson case expect to hear from treating physician Dr. Bernd Klosterhalfen, Dr. Lennox Hoyt, Dr. Bob Shull, and David Kessler, MD, former head of the Food and Drug Administration.  A possible addition as an expert witness for the Jones case could be Dr. Donald Ostergard (see back story here) who was one of the first doctors to say that mesh is “not inert” and is active in the body.

Henry Garrard, attorney for the Donna and Dan Cisson, says these are normal proceedings to keep the trials moving forward. Garrard tells MDND he is optimistic about the outcomes. Email request for comment to two attorneys from Bard will be added to this story as/if they come in.

The punitive phase of the trials where damages are awarded to discourage the defendant from making and marketing defective products will follow the compensatory phase of each trial.

As of May 31, there were 3,457 total cases filed against C.R. Bard in the So. District of West Virginia. Four other Defendants include American Medical Systems, Inc., Boston Scientific Corp.; Ethicon, Inc., and Coloplast Corp.

The total number of cases filed in the Charleston, West Virginia court totaled 22,136 as of May 31, 2013. #

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2 Comments to “Judge Grants Motions Limiting Testimony in Bard Transvaginal Mesh Cases”

  1. A meshed up nurse says:

    Thank you Jane for updating everyone with this very informative and valuable information. Injured patients everywhere are anxious to hear how these trials will turn out.

  2. janet says:

    Writing this in hopes that judge Goodwin will see.
    I would like for you to know how the mesh has Changed my life forever..I did not ask for this to happen. .I believe that Boston scientific Made that decision when they put this mesh on the market.
    This product should have never been put back on the market after there lawsuits in 2003 from protagen. .why would they want to butcher women again. .and these manufacturers want to keep on hurting us by not doing what is write..we are counting on you to stand up to these butchers. .
    I have lost my home and my family. .my only child at homes life wad changed also do to Boston scientific. .by losing my home do to i was no longer able to work the job I had..I can no longer be on my feet for periods of time do to the pelvic pain severe. .I can no longer sit as long do to the pelvic pain. .Wr went from a home to living in a 10×10 room over a garage. .the bathroom wad a Mudd room downstairs in a porch area….we had no kitchen. .we could only cook in a small microwave. .I had to sell personal belongings to keep us a float. ..do to my medical bills..my child has crohns ..and this was effecting her health also…I was in an out of doctors ..
    I was so depressed from losing e everything and my health issues because of Boston. .my child could not even have a high school graduation. .because I lost everything I could not afford to have even save those memory’s for her..
    It takes everything to keep her in college. .but as I tell her..they took her child hood away because we would have been in a good place still..if I would have never had that surgery. .I am trying so hard to work 4,5 hrs a day with this pain..I can barely walk at times…
    I need to know why the FDA let this happen again to us…
    When is it going to be enough ..why are we still put through hell with this..
    I really do want our stories heard what we have been through what we are still going through. ..what these manufacturers have done to us and why they still want to butcher us. When will we see closer on this matter. ..
    I am going for my 3rd surgery and another after that..
    I get scared every time and alot of anxiety ..how many more Surgies will i have to endure just to be able to have some relief of pain..I know I will never be what I was before the first surgery my hysterectomy. .
    I talk with my attorneys office all they tell me is this will take another 7,10 yrs before Boston scientific does anything. .and then another 2 yrs to process if we negotiate a settlement. .
    Why want they do what us right..
    It is now I ck everything if it has Boston scientific name on it I do not want…
    Because they will not stand up for what they have done..they knew it should have not been on the market again. .
    I really would like some answers. ..I would love to have an apology from them…I want them to take care of my health for the rest of my life..I think we all should be compinsated for all our pain and suffering. ..and for what they are still putting us through. .we did not ask for this…Boston scientific knew this stuff was bad..
    Please help us…this has been going on long enough..
    Boston scientific and the others need to settle there product problems with us women. .we are the ones that will be damaged forever because of them…

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