Bard Settles TVM Claims for $200 Million

On August 11, 2015, C.R. Bard, Inc. announced a $200 million settlement with more than 3,000 plaintiffs (approximately 20% of all cases) who claimed the company’s transvaginal mesh devices caused severe complications, such as excruciating pain, infections, nerve damage, and multiple surgeries.

Pursuant to the agreement, the average award to each plaintiff is $67,000. The average award is subject to increase or decrease based upon a number of factors as set forth in the settlement agreement. The settlement is also subject to certain requirements, including participation by the majority of the over 3,000 plaintiffs. If the participation threshold is not met, then Bard has the right to terminate the agreement.

Last year, Bard settled the inventory of cases of two plaintiffs’ firms. The manufacturer agreed to pay approximately $21 million to the firms’ approximately 500 clients, which resulted in an average award for each plaintiff of $43,000, or $24,000 less per average plaintiff than under this current settlement.

Following this settlement, the company intends to continue to engage with discussions with other plaintiffs’ law firms regarding potential resolution of unsettled claims. Nevertheless, Bard is preparing for additional trials in the multidistrict litigation that may occur later this year.

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