The final bellwether trial involving the vaginal mesh lawsuit of Carolyn Jones against C.R. Bard has been postponed after lawyers for the plaintiff requested for a continuance due to a medical emergency involving one of their key witnesses. Hearing was supposed to start on January 10, 2014 before a federal court in West Virginia.
Dr. Donald Ostergard, a urogynecologist from California and considered an expert witness, informed them that he cannot possibly attend the trial since his wife had to be hospitalized due to a severe reaction to a medication related to her illness.
It was further learned that his wife may have to stay in the hospital for another five days. Even after her release, he may have to take care of her for an indefinite number of days which makes it impossible for him to travel to West Virginia in next two weeks.
It would appear that the availability of Dr. Ostergard may be very important in setting the trial date of the vaginal mesh lawsuit of Carolyn Jones. In their motion for continuance, lawyers for the plaintiff asserted that the testimony of the witness is necessary to carry their burden of proof on causation and design defects.