Facts

In 2008, Christine Scott was implanted with C.R. Bard Inc.'s Avaulta Plus Biosynthetic Support System, a surgical mesh to treat her pelvic organ prolapse. She was also implanted with a suburethral sling to treat her urinary incontinence. Her problems began immediately after surgery. For five months following the surgery, she could only urinate with a catheter. Since then, she has had eight additional surgeries and numerous procedures to remedy her urinary retention from the initial surgery and subsequent infections and complications with the mesh system. It remained in her body because it cannot be removed safely.

Scott sued Bard in 2009 after learning that the FDA had issued a Public Health Notification in October 2008 to doctors about the rare but serious complications associated with the mesh systems in some patients. Bard recently stopped selling Avaulta Plus in the U.S., but it continues to sell the product in other countries.

Scott also sued her implanting physician, Tillaikarasi Kannappan, who will have a separate trial.

Injuries

Scott initially suffered from urinary retention as a result of the products being implanted too tightly. This required additional surgeries to treat her urinary retention and caused the mesh to become infected. Subsequently, infected mesh eroded into surrounding tissue and organs. Scott claimed the product could not be safely removed because it was tangled up with her vital pelvic organs, and bits of the product were tearing up her insides. She alleged she suffered from incontinence. She was also unable to have sexual relations with her husband due to pain during intercourse. Moreover, Scott claimed the pain was so severe at times that she could not even sit down without a regimen of pain-mitigating shots. Scott claimed that the emotional toll almost brought her to the edge, coming close to taking her own life.

Result

A Kern County jury found for Plaintiffs on a general negligence cause of action and attributed 60 percent fault to Bard (the other 40 percent fault to the implanting physician). The jury awarded Christine and Roy Scott a total of $5.5 million in damages. After reduction for percentage of fault, judgment was entered against Bard in the amount of $3.61 million. The jury found for Bard on claims of strict liability failure to warn and negligent failure to warn.