In the United States, the state of New Hampshire has joined a $60m surgical mesh liability compensation settlement against medical device manufacturer CR Bard.
At present attorneys general of 48 states and the District of Columbia have joined the legal action that claims CR Bard did not address the dangers posed by its transvaginal surgical mesh devices. These devices are used to treat urinary incontinence by strengthening the vaginal floor which can be damaged as a result of eroded organs. This condition can lead to significant suffering and pain during sexual intercourse and voiding dysfunction.
The cost to address the suffering of those impacted by the devices each state money through Medicaid and state insurance health plans. CR Bard is a New Jersey-based company that reported $17.3bn in revenue in 2019.
According to state legislation, New Hampshire’s $661,071 share of the settlement would go to the Consumer Protection Bureau.
In addition to this CR Bard is facing other claims by individual plaintiffs,5,000 federal legal action in Ohio and an additional 3,000 legal actions in Rhode Island.
CR Bard withdrew its mesh from the market during July 2012 following a $3.6m compensation settlement verdict was made in favour of one woman. The woman in question was suffering from complications linked to the device.
Reacting to the recent settlement the companies issued a statement that said: “Bard and BD have denied any wrongdoing and all allegations included in the litigation and chose to settle the matter to avoid the time and expense of further litigation.”
These legal action are alleging that Atrium’s C-QUR hernia mesh products, which are coated with a fish oil derivative as a supposed solution to adverse reactions, are actually causing further suffering and pain.
The lead attorney in these actions said: “We think there is a similarity, because there is the same underlying material involved. We are hoping they take a closer look.”