In the first Transvaginal Mesh case to go to trial in the Charleston, W.Va. MDL, Judge Joseph Goodwin declared a Mistrial on July 12, 2013 during the second day of testimony. Expert witness Dr. Lennox Hoyte was on the stand testifying about his experience in removing defective transvaginal mesh as a female pelvic medicine specialist at the University of Florida at Tampa.
Judge Goodwin had earlier ruled that there could be no mention of the FDA “Fast Track” approval process which had been used to approve the BARD transvaginal mesh. Dr. Hoyte testified that he now removes mesh at least twice a week and has explanted about 400 meshes made by various manufacturers. The mesh is implanted in women to shore up pelvic organs. Dr. Hoyte further testified that women continue to have complaints with the Avaulta mesh long after the mesh is removed because the plastic “arms” which are used to hold the mesh in place are firmly implanted causing a woman’s ongoing pain, long after the center portion of the mesh is removed. Dr. Hoyte testified he felt it was too dangerous to retrieve the mesh arms used to anchor the mesh in place because of how deeply they are placed.
Dr. Hoyte was asked if the mesh was still being implanted in the United States. Hoyte responded that it was not, and that it had been withdrawn. Shortly after that Bard’s Defense asked for a mistrial. “I’ll think about it,” Judge Goodwin said dismissing everyone for lunch.
Shortly after 2 p.m., Judge Goodwin returned to the bench and said, “I don’ think it’s a bell that can be unrung,” and that the spontaneous statement would not withstand an appeal in the 4th Circuit Court. “I’ve never declared a mistrial in my 20 years on the bench, but it would be very difficult for a jury to ignore it and a discussion of the FDA would confuse the jury. I’m declaring a mistrial.”
Attorneys at Holton Law are currently prosecuting transvaginal mesh litigation. If you or a loved one has been injured by one of the numerous transvaginal mesh products, contact us for a free, confidential consultation about your rights in this national litigation.