CHARLESTON, W.Va. -- United States District Judge Joseph Goodwin declared a mistrial in the first of four pelvic repair device trials scheduled to take place in Charleston.
The case of Donna Cisson vs. C.R. Bard, a manufacturer of transvaginal mesh, got underway Monday, July 8. But on Wednesday, the judge granted a motion from the company's defense for a mistrial based on a witness response to questioning.
Goodwin told the parties it was the first time in nearly 20 years he had had a mistrial in a civil case. He scheduled the second trial to get underway July 29 with the selection of a new jury.
Plaintiffs have filed some 26,000 cases against several companies alleging various injuries and complications after having the mesh device implanted. The devices were meant to help with pelvic organ prolapse and bladder issues.
Those cases were consolidated under Goodwin in the federal court's West Virginia Southern District.
Cisson's case was selected as one of four representative cases that will enable the judge to better understand how to proceed with the bulk of the litigation.
In Wednesday's trial proceedings, Dr. Lennox Hoyte of the University of Southern Florida College of Medicine responded to a question from Huntington lawyer Paul Farrell Jr., one of the plaintiff's attorneys.
"What body of evidence exists in your opinion that supports your ideas sitting here today that Avaulta Plus armed mesh is a bad idea?" Farrell asked.
"Here is what I know," answered Hoyte. "I take a lot of these meshes out. I know that nobody implants them anymore, and I know that no one sells them anymore."