Bard seeks to recoup legal costs in dismissed Avaulta bellwether

October 16, 2013 by Brad Perriello

C.R. Bard wants the plaintiff in a bellwether lawsuit filed over its Avaulta pelvic mesh that was dismissed last month to pony up for its legal costs.

Bard seeks to recoup legal costs in dismissed Avaulta bellwether

C.R. Bard (NYSE:BCR) wants to recoup its legal costs from a bellwether lawsuit over its Avaulta pelvic mesh that was dismissed last month, asking a federal judge to order the plaintiffs to pony up some $14,000.

Judge Joseph Goodwin of the U.S. District Court for Southern Western Virginia dismissed Rizzo et al v. C. R. Bard with prejudice Sept. 20, 25 days before it was slated to go before a jury. The case is 1 of the bellwether lawsuits being tried in the multi-district litigation over the Avaulta pelvic mesh product.

The dismissal prompted Bard to ask Goodwin to award "the attorneys' fees and costs that it unnecessarily incurred in preparing this case for trial prior to plaintiffs' last-minute voluntary dismissal of their case," according to court documents.

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"An award of costs is appropriate because Bard is the prevailing party in this lawsuit. An award of reasonable attorneys' fees is appropriate because plaintiffs' approach to the dismissal of this bellwether case and their belated, unwarranted dismissal caused Bard to incur unnecessary expenses and undermined the bellwether process," according to the documents.

But the plaintiffs, Linda and Ronald Rizzo, countered that Bard is not the prevailing party and is not entitled to any relief.

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