W.Va. Judge Declares Mistrial in C.R. Bard Avaulta Pelvic Repair Trial

CHARLESTON, W. Va. — A West Virginia federal judge has declared a mistrial on the second day in a C.R. Bard Inc. Avaulta pelvic repair system trial because an expert witness for the plaintiffs testified as to Bard’s marketing of the device.

On July 10, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia halted the Cisson trial during gynecological expert Dr. Lennox Hoyte’s testimony, ruling that it violated the court’s Daubert guidelines.

In the June 4 Daubert order, Judge Goodwin ruled that Hoyte is qualified to opine on the design of the …