CHARLESTON, W.Va. -- A settlement was reached Wednesday in federal court in Charleston just before opening statements were set to begin in the second case in a series of liability lawsuits against a manufacturer of trans vaginal mesh.
The terms of the settlement haven't been released.
In the case, Wanda Queen alleged the mesh manufactured by C.R. Bard Inc. was defective and that the company failed to provide adequate warning of its dangers.
The case, one of more than 20,000 similar cases pending nationwide, was the second to go to trial. All of the cases have been assigned to U.S. District Judge Joseph Goodwin.
Goodwin identified four "bellwether" cases to be tried first to help determine how best to handle the remaining litigation.
Last week, after a 12-day trial, a jury awarded Donna Cisson $2 million -- $250,000 in compensatory damages plus $1.75 million in punitive damages -- finding that C.R. Bard failed to warn of the product's dangers and sold a defective product.
Queen alleged that the mesh implanted during her surgery in 2008 was defective and caused her serious injuries that included infection, a burning sensation and pain, and required six revision surgeries.
She sought damages for her medical bills, pain and suffering and mental anguish and was also planning to recover punitive damages.
In the next trial, which is set to begin Oct. 8, Linda Rizzo, a Wisconsin resident, claims the mesh implanted during her surgery to treat pelvic organ prolapse caused her permanent injury and permanent and substantial physical deformity. She has also suffered mental and physical pain and her alleged problems have impaired physical relations with her husband, the lawsuit claims.
"In the bellwether selection process the plaintiffs picked some and the defendants picked some. The next case is one of the defendant's selections, which they picked out thinking they can win," said Harry Bell, a Charleston lawyer and co-counsel for the plaintiffs' steering committee.