Drug & Device News

C.R. Bard Inc., a manufacturer of transvaginal mesh facing close to 10,000 cases in federal court, has moved to disqualify one of the plaintiffs' experts. According to the defense, Dr. Neeraj Kohli cannot testify as a general and a case-specific expert for the plaintiffs because he testified for defendant Bard in another case: That case was the first vaginal mesh trial held in California, Scott v. Kannappan. At issue in that case were Bard's Avaullta Plus Anterior and Posterior Biosynthetic Support Systems as well as allegations of medical malpractice by those plaintiffs' physicians, according to Bard. The case resulted in a $5.5 million plaintiffs' verdict with Bard found 60% at fault and a treating physician found 40% at fault. The California case also involved the same defendant, the same type of products and the same scientific issues regarding the use of polypropylene mesh, the defendant said. Kohli also consulted on other transvaginal mesh cases, including two bellwether cases, Bard said. “Dr. Kohli's 'side-switching' creates clear and substantial conflict of interest,” the manufacturer said.

Dr. Kohli specializes in reconstructive pelvic surgery and treating women for pelvic issues. Bard said that Kohli has been privy to “numerous confidential and privileged discussions regarding Bard corporate documents, Bard witnesses, Bard's product design and use, vaginal mesh complications and mesh characteristics.” Bard contends that “[w]here such blatant side-switching has occurred, federal courts, including this court, have applied a bright-line rule and disqualified the expert.”