Bard Awarded Summary Judgment on Negligence Claim in Avaulta Transvaginal Mesh Action

CHALESTON, W. Va. — A West Virginia federal judge has awarded C.R. Bard Inc. summary judgment on claims that it negligently inspected, packaged, marketed and sold its Avaulta transvaginal mesh system, finding the plaintiffs failed to present facts that Bard’s negligent performance of those activities caused their injuries.

In a Nov. 15 order, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia said the plaintiffs failed to create a genuine dispute that Bard breached a legal duty in its inspection, marketing, labeling, packaging or selling of the device.

Donna Kaiser was surgically implanted …