Inadequate Warning, Negligence Claims to Proceed in Bard Align Transvaginal Mesh Case

CHARLESTON, W. Va. - A West Virginia federal judge has allowed claims of failure to warn to proceed against C.R. Bard in an Align transvaginal mesh device action, finding a question of fact exists as to whether the plaintiff's doctor would have altered his treatment had he been presented with a different warning.

On Jan. 23, Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia also found questions of fact as to whether Bard breached a legal duty that caused the plaintiff's injuries in its allegedly negligent "inspection, marketing, labeling, packaging, or selling" …