Court Names Special Masters for Bard Mesh Claim Settlements

Court Names Special Masters for Bard Mesh Claim Settlements

Introduction

The U.S. District Judge overseeing the federal litigation involving Bard hernia mesh lawsuits has appointed two Special Masters to facilitate the resolution of claims through an “Intensive Settlement Process” (ISP).

Aim of the Process

This process aims to provide financial compensation to individuals injured by defective surgical mesh patches sold by C.R. Bard over the past several decades.

More than 21,000 product liability lawsuits

C.R. Bard has faced more than 21,000 product liability lawsuits in the U.S., each alleging that design defects in Bard hernia mesh products, including the Ventralight, Ventralex, Perfix Plug, and 3D Max systems, caused painful and debilitating injuries. These claims have been consolidated under a federal multidistrict litigation (MDL) for pretrial proceedings.

Agreement announced in October 2024

Following mixed results in early bellwether trials meant to gauge jury reactions to evidence and testimony, a global Bard hernia mesh settlement agreement was announced in October 2024. This settlement is expected to resolve most claims over the next several years. However, claimants retain the option to participate in the settlement program or opt-out to pursue mediation or jury trials.

Case Management Order

In a case management order issued on November 21, the Judge appointed experienced mediators as Special Masters to oversee the ISP, designed to address claims not resolved through the global settlement. The Special Masters will organize court-supervised mediation sessions and provide quarterly updates on progress. The ISP is expected to continue until mid-2029, with unresolved cases addressed through monthly conferences beginning in January 2027.

Rules to Negotiate & Settle

Claimants who opt out of the settlement, reject prior offers, or remain unresolved will attend in-person mediation sessions led by a chosen Special Master, with costs shared between the parties. Both sides must attend these conferences with full authority to negotiate and settle the case. Lawyers representing unresolved claimants can select their preferred Special Master for mediation.

The ISP will remain active until the Special Masters certify to the court that all unresolved claims have been addressed. Until that certification, individual plaintiffs cannot request their cases to be set for trial.

The appointment of Special Masters and the launch of the ISP represent significant steps in resolving the complex Bard hernia mesh litigation. Initial settlement payouts will occur over the next few years, while mediation efforts under the ISP will continue for cases outside the global settlement, ensuring all claimants have an opportunity for resolution.