Mississippi to receive multistate settlement from C.R. Bard

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JACKSON, Miss. (WJTV) – Mississippi Attorney General Lynn Fitch announced on Thursday that Mississippi was included in a settlement from C.R. Bard and its parent company, Becton, Dickinson and Company for the deceptive marketing of transvaginal surgical mesh devices.

The company have agreed to pay $60 million to the 48 participating states and the District of Columbia. Mississippi will receive a total amount of $837,611.00.

“C.R. Bard failed to disclose serious and life-altering risks of permanently implanted surgical mesh devices, leaving thousands of women to suffer,” said Fitch. “This settlement holds Bard accountable for its deceptive business practices and ensures they will not violate Mississippi’s consumer protection laws again.”

The attorneys general allege that C.R. Bard misrepresented or failed to adequately disclose serious and life-altering risks of surgical mesh devices, such as chronic pain, scarring and shrinking of bodily tissue, painful sexual relations, and recurring infections, among other complications.

Under the terms of the settlement, the companies are required to:

  • Provide patients with understandable descriptions of complications in marketing materials.
  • Include a list of certain complications in all marketing materials that address complications.
  • Disclose complications related to the use of mesh in any training provided that includes risk information.
  • Disclose sponsorship in clinical studies, clinical data, or preclinical data for publication.
  • Refrain from citing to any clinical study, clinical data, or preclinical data regarding mesh, for which the company has not complied with the disclosure requirements.
  • Require consultants to agree to disclose in any public presentation or submission for publication Bard’s sponsorship of the contracted for activity.
  • Register all Bard-sponsored clinical studies regarding mesh with ClinicalTrials.gov.
  • Train independent contractors, agents, and employees who sell, market, or promote mesh, regarding their obligations to report all patient complaints and adverse events to the company.
  • Ensure that its practices regarding the reporting of patient complaints are consistent with FDA requirements.

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