Missouri Appeals Court Grants New Trial Against Bard in Pelvic Mesh Trial
In a recent unanimous decision, a Missouri appeals court reversed a 2016 ruling in favor of C.R. Bard after determining that evidence of prior criminal convictions had been wrongfully excluded.The 2012 pelvic mesh trial was brought on by a patient who underwent surgical procedures for the implantation and subsequent removal of two pelvic mesh products against the manufacturers C.R. Bard, acquired by Becton Dickinson last year, and Boston Scientific.
The plaintiff Eve Sherrer filed the product liability case against both companies over pain and other complications allegedly caused by the implanted products. Yet the companies beat the suit with arguments in support of their products’ safety and effectiveness, following a two-month trial.
The previous ruling in favor of Boston Scientific, which argued that the instructions for placing its Solyx transvaginal mesh had not been followed, was affirmed Tuesday in the Missouri Court of Appeals. But “because the trial court committed reversible error in excluding evidence relevant to impeach Bard,” a new trial was granted to the plaintiff, the 21 August court filing states.
Sherrer filed a motion to appeal in 2016 based on four points, including the trial’s exclusion of impeachment evidence in the form of Bard's prior felony convictions. The appellate panel found that the new trial should allow for Bard executive John Weiland to be questioned on the company’s plea of guilty in 1994.
Bard had plead guilty to “391 counts of conspiracy, mail fraud, false statements, and adulterated product/failure to file medical device report in the United States District Court for the District of Massachusetts, requiring it to pay criminal fines in the amount of $30,500,000,” the filing adds.
Boston Scientific told Focus it is pleased with the court's decision that affirmed the judgement in its favor. Bard’s legal representation declined to provide a comment.