Bard Hernia Mesh Trial Delayed To September 2020

Bard Hernia Mesh Trial Delayed To September 2020

Introduction

Amid the on-going coronavirus pandemic, the first bellwether trial involving polypropylene hernia mesh products manufactured by C.R. Bard, Inc. and its Davol, Inc. subsidiary has been delayed to September 2020.

Earlier, U.S. District Judge Edmund A. Sargus identified three cases that were expected to go to trial in May 2020, July 2020, and September 2020. According to the new pretrial order issued on April 24, the first trial will now not start until September 2020, and it could be delayed further until 2021, as requested by both the parties initially.

Judge Sargus, in the pretrial order, stated that the court will closely monitor the current situation and be in touch with the parties about the September 29, 2020 trial date. The court might also reconsider the date if the situation does not improve.

A telephone conference has also been scheduled for May 21, during which the court will update the parties regarding the second and third cases selected for the bellwether process.

Currently, Bard is facing more than 6,800 product liability lawsuits, but according to recent court records, around 500 new cases are being filed each month throughout the federal court system. The lawsuits involve plaintiffs alleging that they suffered painful and debilitating complications following the use of its mesh products.

Bard hernia mesh claims are consolidated under federal multidistrict litigation (MDL No. 2846; In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation) in the Southern District of Ohio, presided by Honorable Edmund A. Sargus, Jr., and Honorable Kimberly A. Jolson.

Earlier, on Friday, Thomas Weaver, the attorney representing Johnson & Johnson (J&J) argued over a bid to reverse a jury’s $4.7 billion talcum powder verdict stating that the judge should not have combined all the 22 claims, particularly the 17 plaintiffs from Missouri, into a single trial.

The case involves a group of ovarian cancer victims and their family members, led by a plaintiff. The case ended with a $4.69 verdict in June 2018, after a six-week trial. Each woman or family was awarded $25 million in compensatory damages, along with $4.14 billion total in punitive damages, of which $3.15 billion was against J&J and $990 million against its subsidiary J&J Consumer Inc.

J&J also raised various other issues with plaintiffs’ experts, including William Longo, founder of Materials Analytical Services.

However, the panel of three judges seemed skeptical over challenging 22nd Circuit Judge Rex Burlison’s consolidation order or the reasoning behind the jury’s record award.

Previously, the Missouri Court of Appeals had reversed a $110 million award involving Bristol-Myers because the plaintiff was from Virginia and also reversed verdicts of $72 million, $70 million, and $55 million on similar grounds.

Due to the pandemic crisis, only two attorneys for either side were permitted in the courthouse, and the gallery was empty. The spectators were able to watch the arguments via a live video on the court’s Facebook page.