One of the biggest wins for Greenberg Traurig’s mass torts/products liability team was a complete defense verdict for client C. R. Bard in the closely-watched pelvic mesh trial in the 16th Judicial Circuit of Missouri. Plaintiff Eve Sherrer sued Bard and co-defendant Boston Scientific for injuries she claimed were caused by the implantation of a Boston Scientific Solyx device, followed by its replacement with a Bard Align device, to treat her stress urinary incontinence. Plaintiff challenged the adequacy of the design of the two devices and of the warnings that accompanied them. The plaintiff requested $28 million in compensatory damages, claiming that the companies’ pelvic mesh implants rendered her incontinent and suffering from pain and other ailments. The plaintiff also sought punitive damages against both defendants.
Greenberg Traurig’s lawyers argued that Align is safe and effective as designed, that its warnings were appropriate and that plaintiff’s pain complaints were most likely the result of osteoarthritis and other conditions unrelated to the product.
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