W.Va. Judge Refuses to Dismiss Punitive Damages Claims in 4 Bellwether Pelvic Mesh Cases

CHARLESTON, W. Va. — The judge overseeing the C.R. Bard Inc. pelvic repair system multidistrict litigation has denied Bard’s motion to dismiss punitive damages claims brought in four bellwether cases, finding plaintiffs established a question of fact as to whether the company’s actions rose to a level amounting to culpable behavior.

On June 4, U.S. District Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia agreed with plaintiffs that “the mere inclusion of some warning with a product does not absolve the manufacturer of potential punitive damage liability where there is otherwise …