This post is from the non-Reed Smith side of the blog.
We’ve put it off long enough – time to deal with the awful decision in C.R. Bard v. Cisson, __ F.3d __, 2016 WL 158814 (4th Cir. Jan. 14, 2016). When we posted our 2015 Top Ten, we noted that we were watching Cisson because it had the potential to be among our top or bottom 10 of 2016. Well, the top is definitely off the table and while it’s still early, the bottom is certainly in the running.
A quick background of the case. Cisson is an appeal from the first trial in the massive Pelvic Mesh MDL. Plaintiff underwent implantation of defendant’s pelvic mesh device and began experiencing pain. Two years later, she had surgery to remove the device, but the “arms” of the device could not be removed. Id. at *1. In 2013, defendant won summary judgment on many of plaintiff’s claims leaving only design defect and failure to warn to proceed to trial. Id. at *2. The trial resulted in a plaintiff verdict, including a sizeable punitive damages award. Id. at *1.