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.