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$60 Million Multistate Settlement over Allegations of Misleading Marketing Practices for Surgical Mesh

  • A group of 49 AGs reached a settlement with medical device company C.R. Bard, Inc. and its parent company Becton, Dickinson & Co. (collectively, “Bard”) to resolve allegations that Bard used misleading marketing practices to promote and sell its now discontinued transvaginal surgical mesh products in violation of state consumer protection laws.
  • The AGs alleged, among other things, that Bard knowingly misled healthcare providers and consumers by misrepresenting the risks and benefits of using its transvaginal surgical mesh products and by failing to disclose the potential for permanent, debilitating complications associated with their use.
  • Under the terms of the proposed stipulated judgment, Bard will pay $60 million to the states and must, for all of its urogynecological mesh products, provide understandable descriptions of complications in any marketing materials, disclose sponsorship in clinical studies, and require consultants to agree to disclose Bard’s sponsorship in any public presentation or publication, among other things.