Tag Archive > Verdict

Bard Loses $2 Million Verdict in Vaginal-Mesh Trial

admin » 19 August 2013 » In Defective Products, FDA, Legal News, Verdicts » No Comments

C.R. Bard Inc. was told by a jury to pay $2 million to a woman who alleged the company hid flaws within some of its vaginal-mesh implants in the first federal trial of claims over the devices.

Jurors in Charleston, West Virginia, deliberated about 12 hours over two days before finding Murray Hill, New Jersey-based Bard liable for injuries Donna Cisson blamed on its Avaulta line of devices. The jury awarded $250,000 in compensatory damages for Cisson’s injuries plus $1.75 million in punitive damages.

Bard, based in Murray Hill, New Jersey, still faces more than 8,000 other claims over its Avaulta devices, which Cisson and other women allege can cause organ damage and make sexual intercourse painful when the devices erode. Johnson & Johnson (JNJ), Endo Health Solutions Inc. (ENDP) and Boston Scientific Corp. (BSX) face similar claims that their implants, threaded in place through vaginal incisions, shrink over time.

“This jury sent a message that Bard needs to change its ways,” Henry Garrard, one of Cisson’s lawyers, said after the punitive-damages verdict was announced. “The jury is telling them this kind of conduct won’t be tolerated.”

Bard officials said they dispute the jury’s finding that Cisson’s injuries were caused by the vaginal implant and will appeal.


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Drug Firms Told to Pay $162M in Hepatitis C Case

admin » 14 November 2011 » In FDA, Legal News, Mass Tort » No Comments

Drug Firms Told to Pay $162M in Hepatitis C Case

A Nevada jury on Monday ordered three pharmaceutical companies to pay $162.5 million in punitive damages in a lawsuit that accused them of negligently distributing large vials of an anesthetic to Las Vegas clinics at the center of a 2008 hepatitis C outbreak.

The damages awarded in Clark County District Court are on top of the $20.1 million in compensatory damages awarded to five plaintiffs Thursday after a jury found Teva Parenteral Medicines Inc., Baxter Healthcare Corp. and McKesson Corp. liable.

Plaintiffs’ lawyers had accused the companies of putting corporate profits ahead of patient safety, and of recklessly distributing 50 milliliter vials of the powerful anesthetic propofol to clinics where 10 or 20 milliliter doses were commonly needed for outpatient colonoscopy procedures. They had sought $600 million in punitive damages.

Teva attorney Mark Tully declined comment to reporters after the verdict was read, while photographers and news cameras snapped pictures of family members of the plaintiffs hugging each other and their lawyers.

“I’m glad this if over with. It’s not about the money,” said Anne Arnold, who was awarded $10 million in compensatory damages, plus a share of the punitive award.

“I don’t want anybody else to go through what I’m going through,” she said. “It’s hell.”

Philip Hymanson, attorney for Baxter and McKesson, told jurors the propofol was manufactured properly and delivered properly, and that clinic doctors and anesthesiologists were at fault if they misused it. Hymanson said there was no proof that happened.

The companies maintain the vials were properly marked with instructions and warnings, and that jurors weren’t allowed to hear that reusing syringes on multiple patients and not following proper sterilizing procedures could also have spread the incurable liver disease.

Teva was ordered to pay $89.4 million, while Baxter was told to pay $55.3 million and McKesson was ordered to pay $17.9 million.

Robert Eglet, an attorney for the plaintiffs, said the cases would continue until the companies change the vials it sells. He said the judgments should also urge the companies to settle cases that have not been resolved.

“They need to come to this community and they need to make this right and resolve this case with everyone,” he said. “But if not, we’re prepared to continue on.”


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