In the C. R. Bard multidistrict litigation (MDL) in a West Virginia federal court, the third bellwether case was scheduled to go to trial on October 8, 2013. However, the plaintiffs in the transvaginal mesh lawsuit, Linda and Ronald Rizzo, withdrew their case on September 20.
Though the plaintiffs have not openly discussed their decision, there is speculation that the withdrawal was influenced by one of their expert witnesses having failed a board exam.
In response to the removal, C. R. Bard demanded reimbursement from the plaintiffs in the amount of $14,000 to cover legal expenses.
The lawsuit was one of over 4,900 consolidated into the C. R. Bard MDL in the U.S. District Court for the Southern District of West Virginia. The consolidated litigation is In re: C. R. Bard, Inc., Pelvic Repair System Products Liability Litigation MDL No. 2187.
Though it is unclear exactly why the plaintiffs removed their case from the C. R. Bard MDL, if it was caused by the expert witness, that is an unfortunate outcome. In cases where plaintiffs believe that their pain and suffering is the result of a defective medical device, these individuals deserve a day in court to share their experience.
If anything, the case dismissal points to the importance of building a soundproof case.
Carey Danis & Lowe is a personal injury litigation law firm. Our St. Louis class action attorneys are currently working with women who claim injury from transvaginal mesh implants.
If you believe that your pain, suffering, and injuries are the result of a transvaginal mesh implant, you may be eligible for compensation. Carey Danis & Lowe is available to discuss your compensation eligibility and legal options in a free consultation.
Share your transvaginal mesh story with us today by calling 800.721.2519, or by completing a confidential personal injury claim form.References: Defective Medical Device litigation, Transvaginal Mesh