Testimony Underway in Federal Transvaginal Mesh Lawsuit

Posted by Sarah Showard | Jul 30, 2013 | 0 Comments

Testimony underway in federal transvaginal mesh lawsuit

Tuesday marked the second day of testimony in a federal transvaginal mesh lawsuit.

In the second day of testimony in the first federal trial to determine whether the manufacturer of transvaginal mesh is responsible for injuries in a patient, a jury heard testimony from the doctor who implanted the mesh.

In a Charleston, WV courtroom a jury heard testimony from a surgeon who was a consultant for mesh manufacturer C.R. Bard. The doctor testified that Bard knew that the resin used to create the mesh should not be permanently implanted into the body but did not disclose that fact to surgeons using the mesh.

Donna Cisson is the patient at the center of the lawsuit. She underwent surgery to implant the mesh back in 2009. Dr. Brian Raybon performed the Avaulta Plus implant, and had been consulting with Bard for years.

In his testimony under questioning from plaintiff's attorneys, Raybon explained that after patients began complaining of complications because of the implants he found that the manufacturer of the resin used to make the mesh warned that it should not be permanently implanted in the body.

“How could (Bard) use it with that (warning)?” he asked, when pressed by Cisson's attorneys. “That's the part that really concerns me about this. I was astounded when I saw (the warning).”

Defense attorneys pressed Raybon on why he did not contact Bard about the warnings from the resin manufacturer when he found out about it, and Raybon responded with the issues he had with Bard and their lack of disclosure about the warnings.

“I'm really concerned I've put something in these patients that shouldn't have been put in. I'm sorry … it was a little irritating to work with someone four or five years, and they didn't tell me.”

The four men, four women jury will hear more testimony today. The trial is expected to last about 12 days.

A Tucson transvaginal mesh attorney at the Showard Law Firm can help if you have been injured by these harmful devices. This bellwether case is the first of thousands that could go to trial around the country.

About the Author

Sarah Showard

Sarah Showard graduated from the University of Maryland in 1985, Magna Cum Laude with a Bachelor of Arts in English-Linguistics and a Certification in Women's Studies. She then graduated from New York University School of Law in 1988. Sarah began practice initially as an insurance defense attorney, and has been representing plaintiffs since 1990. Sarah has a son, Benjamin, who recently graduated from The Gregory School and will attend ASU in the fall, with future plans to attend law school and eventually join Showard Law Firm. In her spare time Sarah enjoys horseback riding and spending time in Sonoita with her husband Peter.


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