Date: 07-28-2012

Case Style: Christine Scott v. C.R. Bard

Case Number: S-1500-CV-266034

Judge: Truxton

Court: Superior Court, Kern County, California

Plaintiff's Attorney: Elaine Houghton, Donnelly, Idaho and Eugene R. Lorenz, Bakersfield, California

Defendant's Attorney: Richard B. North and Taylor T. Daly, Nelson Mullins Riley & Scarborough LLP, Atlanta, Georgia and , Michael Kevin Brown, for C.R. Bard, Inc.

Dennis Thelen, LeBeau - Thelen, LLP, Bakersfield, California for Dr. Kannappan

Description: Christine Scott and her husband sued C.R. Bard on products liability and loss of consortium theories claiming that Christine was injured by a C.R. Bard Avaulta Plus vaginal implant. Christine claimed that she became incontinent and suffers from chronic pain as a direct result of the implant. Plaintiffs also sued Dr. Tillakarasi Kannappan, who surgically implanted the device in 2008.

This is the first case to go to trial, among hundreds of lawsuits, alleging that implants made by Murray Hill, New Jersey- based Bard, Boston Scientific Corp. (BSX) and other companies caused organ damage. The decision comes more than a month after Johnson & Johnson (JNJ)’s Ethicon unit announced it would stop selling four lines of vaginal mesh devices.

A U.S. Food and Drug Administration report in August 2011 found vaginal-mesh products should be classified as posing high risk to patients based on a review of side-effect reports from January 2008 to December 2010. Women’s groups are demanding that the devices be recalled.

In January, the FDA ordered 31 manufacturers, including Bard and J&J, to study rates of organ damage and complications linked to the vaginal-mesh implants. The companies must conduct three years of safety studies, regulators said. Some women contend the devices eroded and shrank over time, causing pain and injuries.

Court Trial Minutes:

THE ABOVE ENTITLED CAUSE CAME ON REGULARLY AT THIS TIME TODAY FOR TRIAL BY JURY WITH COUNSEL AND PARTIES PRESENT IN OPEN COURT AS FOLLOWS:
CHRISTINE SCOTT (PL-1) APPEARS WITH EUGENE R LORENZ.
ROY SCOTT (PL-2) APPEARS BY EUGENE R LORENZ.
ELAINE HOUGHTON APPEARS PRO HAC VICE ON BEHALF OF ALL NAMED PLAINTIFFS.
C.R. BARD, INC. (DE-3) APPEARS BY RICHARD B NORTH.
C.R. BARD, INC. (DE-3) APPEARS BY MICHAEL KEVIN BROWN.
C.R. BARD, INC. (DE-3) APPEARS BY TAYLOR T DALY.
GREG A. DADIKA APPEARS AS REPRESENTATIVE FOR C.R. BARD, INC.
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9:03 A.M. TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
CAUSE PROCEEDS OUT OF ORDER ON BEHALF OF DEFENDANT.
ADAM SILVER DULY SWORN AND TESTIFIES ON BEHALF OF THE DEFENSE.
10:44 A.M. JURORS DULY ADMONISHED, THEREAFTER, RECESS TAKEN.
11:02 A.M. TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
ADAM SILVER HAVING BEEN PREVIOUSLY SWORN, RESUMES THE STAND AND TESTIFIES FURTHER ON BEHALF OF C.R. BARD, INC. (DE-3).
PLAINTIFF RESTS SUBJECT TO EXHIBITS BEING RECEIVED INTO EVIDENCE.
CAUSE PROCEEDS ON BEHALF OF THE DEFENDANT AS FOLLOWS; TO WIT:
JOHN ANDREW DEFORD PH.D DULY SWORN AND TESTIFIES ON BEHALF OF THE DEFENSE.
12:00 PM: AFTER DULY ADMONISHING THE JURY; THE COURT ORDERS ADJOURNMENT UNTIL: 1:30 P.M.
1:31 PM TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
CAUSE RESUMES ON BEHALF OF THE DEFENDANT AS FOLLOWS; TO WIT:
DR. JOHN ANDREW DEFORD, PH.D HAVING BEEN PREVIOUSLY SWORN, RESUMES THE STAND AND TESTIFIES FURTHER ON BEHALF OF C.R. BARD, INC. (DE-3).
2:07 P.M.: AFTER DULY ADMONISHING THE JURY; THE COURT ORDERS ADJOURNMENT UNTIL: 07/18/12 AT 9:00 A.M. IN DEPARTMENT 15.
COURT IS IN RECESS OUT OF THE PRESENCE OF THE JURY. COUNSEL CONFER OVER EXHIBITS.
2:56 P.M. TRIAL RESUMES WITH COUNSEL AND PARTIES PRESENT IN OPEN COURT AS HERETOFORE STATED. JURY IS NOT PRESENT.
COURT AND COUNSEL DISCUSS EXHIBITS. EXHIBITS ARE RECEIVED INTO EVIDENCE AS RECORDED ON THE RECORD.
COUNSEL STIPULATE TO DETACHING THE COMPLAINT ATTACHED TO EXHIBIT 29-A.
3:45 P.M. COURT IS ADJOURNED.
EXHIBIT LIST ATTACHED AND MADE A PART HEREOF.
COURT REPORTER FEES: EACH SIDE TO PAY $247.50; JURY FEES: EACH SIDE TO PAY $107.28.

9:09 A.M. TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
THE PLAINTIFF RESTS.
CAUSE PROCEEDS ON BEHALF OF THE DEFENDANT AS FOLLOWS; TO WIT:
DR. NEERAJ KHOLI, M.D. DULY SWORN AND TESTIFIES ON BEHALF OF THE DEFENSE.
10:20 A.M. JURORS DULY ADMONISHED, THEREAFTER, RECESS TAKEN.
10:40 A.M. TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
DR. NEERAG KOHLI, M.D. HAVING BEEN PREVIOUSLY SWORN, RESUMES THE STAND AND TESTIFIES FURTHER ON BEHALF OF C.R. BARD, INC. (DE-3).
12:00 A.M.: AFTER DULY ADMONISHING THE JURY; THE COURT ORDERS ADJOURNMENT UNTIL: 1:30 P.M.
1:34 P.M. TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
DR. NEERAJ KOHLI, M.D. HAVING BEEN PREVIOUSLY SWORN, RESUMES THE STAND AND TESTIFIES FURTHER ON BEHALF OF C.R. BARD, INC. (DE-3).
THE DEFENSE RESTS. DEFENSE RESTS WITH THE EXCEPTION OF A PENDING STIPULATION.
2:31 P.M.: AFTER DULY ADMONISHING THE JURY; THE COURT ORDERS ADJOURNMENT UNTIL: 07/19/12 AT 9:00 A.M.
2:32 P.M. THE COURT IS IN RECESS UNTIL 2:45 P.M.
2:46 P.M. TRIAL RESUMES WITH COUNSEL AND PARTIES PRESENT IN OPEN COURT AS HERETOFORE STATED.
A MOTION FOR DIRECTED VERDICT IS LODGED BY DEFENSE COUNSEL.
MOTION FOR DIRECTED VERDICT IS ARGUED BY COUNSEL. RULINGS AND TENTATIVES AS STATED ON THE RECORD.
OUT OF PRESENCE OF THE JURY, COURT AND COUNSEL REVIEW JURY INSTRUCTIONS.
EXHIBIT LIST ATTACHED AND MADE A PART HEREOF.
COURT AND COUNSEL REMAIN IN THE COURTROOM AFTER STAFF IS EXCUSED TO DISCUSS JURY INSTRUCTIONS OFF THE RECORD.
COURT REPORTER FEES: EACH SIDE TO PAY $247.50; JURY FEES: EACH SIDE TO PAY $107.28.

8:41 A.M. TRIAL RESUMES WITH COUNSEL AND PARTIES PRESENT IN OPEN COURT AS HERETOFORE STATED.
OUT OF THE PRESENCE OF THE JURY, COURT AND COUNSEL DISCUSS JURY INSTRUCTIONS.
9:14 A.M. JURY IS NOW PRESENT.
A STIPULATION BETWEEN COUNSEL IS READ INTO THE RECORD. COUNSEL STIPULATE PAST MEDICAL EXPENSES HAVE BEEN INCURRED IN THE AMOUNT OF $85,000.
THE COURT PRE-INSTRUCTS THE JURY.
EUGENE R LORENZ MAKES CLOSING ARGUMENT ON BEHALF OF THE PLAINTIFF.
10:39 A.M. JURORS DULY ADMONISHED, THEREAFTER, RECESS TAKEN.
10:57 A.M. TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
CAUSE RESUMES WITH CLOSING ARGUMENTS ON BEHALF OF PLAINTIFF.
11:48 AM: AFTER DULY ADMONISHING THE JURY; THE COURT ORDERS ADJOURNMENT UNTIL: 1:30 P.M.
1:30 P.M. TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
MICHAEL K BROWN MAKES CLOSING ARGUMENT ON BEHALF OF THE DEFENSE.
2:45 P.M. JURORS DULY ADMONISHED, THEREAFTER, RECESS TAKEN.
THE JUROR SEATED IN CHAIR NO. 14 REMAINS IN COURT OUT OF THE PRESENCE OF THE JURORS AND IS EXAMINED BY THE COURT.
3:00 P.M. TRIAL RESUMES WITH COUNSEL FOR RESPECTIVE PARTIES, PARTIES AND JURY PRESENT IN OPEN COURT AS HERETOFORE STATED.
MICHAEL K BROWN RESUMES CLOSING ARGUMENT ON BEHALF OF C.R. BARD.
ELAINE HOUGHTON MAKES FINAL ARGUMENT ON BEHALF OF THE PLAINTIFF.
THE COURT INSTRUCTS THE JURY.
THE JUROR SEATED IN CHAIR #10 2550367 IS RANDOMLY SELECTED TO SERVE AS AN ALTERNATE JUROR.
3:49 P.M.: THE COURT INSTRUCTS THE JURY. THE BAILIFF IS DULY SWORN TO TAKE CHARGE OF THE JURY AND THEY RETIRE TO DELIBERATE UPON A VERDICT.
THE ALTERNATE JUROR(S) IS/ARE RELEASED AND PLACED ON CALL UNTIL NOTIFIED BY THE COURT.
COUNSEL STIPULATE THE BAILIFF MAY EXCUSE THE JURY AT 4:30 P.M. OUT OF THE PRESENCE OF COURT AND COUNSEL.
THE COURT IS IN RECESS WHILE THE JURY DELIBERATES.
4:30 P.M. OUT OF THE PRESENCE OF COURT AND COUNSEL, THE JURY IS EXCUSED FOR THE EVENING RECESS TO RESUME DELIBERATIONS 07/20/12 AT 9:00 A.M.
EXHIBIT LIST ATTACHED AND MADE A PART HEREOF.
COURT REPORTER FEES: EACH SIDE TO PAY $247.50; JURY FEES: EACH SIDE TO PAY $107.28.


9:00 A.M. OUT OF THE PRESENCE OF COURT AND COUNSEL, THE JURY RETURNS TO RESUME DELIBERATIONS IN THE JURY ROOM.
IN RESPONSE TO A JURY NOTE TIMED 9:45 A.M., COUNSEL ARE NOTIFIED OF THE REQUEST FOR THE READBACK OF THE TESTIMONY OF DR. TILLAIKARASI KANNAPPAN, M.D. THE COURT REPORTER PREPARES FOR READBACK.
COURT REPORTER CYNTHIA RODRIGUEZ READS BACK THE TESTIMONY OF WITNESS DR. TILLAIKARASI KANNAPPAN, M.D. TO THE JURY. READBACK TAKES PLACE IN THE JURY ROOM.
12:00 P.M. OUT OF THE PRESENCE OF COURT AND COUNSEL, THE JURORS ARE EXCUSED FOR THE LUNCH RECESS TO RETURN AT

9:00 A.M. OUT OF THE PRESENCE OF COURT AND COUNSEL, THE JURY RETURNS TO RESUME DELIBERATIONS IN THE JURY ROOM.
IN RESPONSE TO A JURY NOTE TIMED 9:45 A.M., COUNSEL ARE NOTIFIED OF THE REQUEST FOR THE READBACK OF THE TESTIMONY OF DR. TILLAIKARASI KANNAPPAN, M.D. THE COURT REPORTER PREPARES FOR READBACK.
COURT REPORTER CYNTHIA RODRIGUEZ READS BACK THE TESTIMONY OF WITNESS DR. TILLAIKARASI KANNAPPAN, M.D. TO THE JURY. READBACK TAKES PLACE IN THE JURY ROOM.
12:00 P.M. OUT OF THE PRESENCE OF COURT AND COUNSEL, THE JURORS ARE EXCUSED FOR THE LUNCH RECESS TO RETURN AT 1:30 P.M.
JOLINE GARONE REPLACES JENIFER GARDNER AS COURTROOM CLERK.
1:30 P.M. OUT OF THE PRESENCE OF COURT AND COUNSEL, THE JURORS RESUME DELIBERATIONS.
3:45 P.M. - NOTE FORM THE JURY.
4:00 P.M. - COUNSEL FOR PLAINTIFF AND DEFENDANT ARE PRESENT IN OPEN COURT
4:29 THE JURY RETURNS WITH THE FOLLOWING VERDICT:
JUDGMENT FOR PLAINTIFF CHRISTINE SCOTT AGAINST DEFENDANT C.R. BARD, INC. FOR PRINCIPAL $3,310,000.00 COSTS TO BE DETERMINED.
JUDGMENT FOR PLAINTIFF ROY SCOTT AGAINST DEFENDANT C.R. BARD, INC. FOR PRINCIPAL $300,00.00 COSTS TO BE DETERMINED.
THE VERDICT IS READ AND ORDERED RECORDED.
THE JURY IS POLLED AND ANSWERS IN THE AFFIRMATIVE AS STATED ON THE RECORD.
THE JURORS ARE THANKED AND EXCUSED.
PARTIES STIPULATE TO WAIVE 24 HOUR STATUTORY REQUIREMENT FOR JUDGMENT TO BE ENTERED.
CAUSE IS CONTINUED TO 7/23/2012 AT 9:30 AM IN DIV/DEPT 15 FOR HEARING ON CAL: FURTHER HEARING BEFORE THE HON. WILLIAM D PALMER OR OTHER ASSIGNED JUDICIAL OFFICER.
JURY FEES: EACH SIDE PAYS $107.28.

Outcome: THE JURY RETURNS WITH THE FOLLOWING VERDICT:

JUDGMENT FOR PLAINTIFF CHRISTINE SCOTT AGAINST DEFENDANT C.R. BARD, INC. FOR PRINCIPAL $3,310,000.00 COSTS TO BE DETERMINED.

JUDGMENT FOR PLAINTIFF ROY SCOTT AGAINST DEFENDANT C.R. BARD, INC. FOR PRINCIPAL $300,000.00 COSTS TO BE DETERMINED..

The Jury found that Bard was 60% at fault and Kannappan 40% at fault.

Plaintiff's Experts:

Defendant's Experts:

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