C.R. Bard Pelvic Mesh Action Proceeds to Trial in Ill. Federal Court on Design Defect, Warning Claims

CHICAGO — An Illinois federal judge has denied C.R. Bard Inc. summary judgment on design defect and failure-to-warn claims in a pelvic mesh action, ruling there are questions of fact as to whether the device’s polypropylene mesh caused the plaintiffs’ injuries and whether their implanting surgeon was adequately warned of the risks.

In a Sept. 27 order, Judge John R. Blakey of the U.S. District Court for the Northern District of Illinois further ruled that the plaintiffs proffered sufficient evidence supporting their punitive damages claim.

Virginia Madsen began experiencing urinary stress incontinence in 2000 after she had her first child. …