First Bard Hernia Mesh Bellwether Trial Slated For Sept 29

First Bard Hernia Mesh Bellwether Trial Slated For Sept 29

Introduction

On September 29, the first bellwether case in Bard hernia mesh lawsuits will go before the federal jury for which the U.S. District Judge has outlined the pretrial and trial schedule.

There are currently 6,800 product liability lawsuits against Bard over hernia mesh products which include Bard’s Ventralex, Ventralight, Perfix, 3DMax, and other patch designs. The plaintiffs allege that post the hernia repair surgery they suffered from painful and debilitating complications.

Reports state that every month about 500 new cases are filed against the company, and it is estimated that the number may reach 10,000 by the year-end.

All the Bard hernia lawsuits are consolidated before the U.S. District Judge Edmund A. Sargus in the Southern District of Ohio for a common outcome and coordinated discovery.

Judge Sargus issued a case management order on May 5, informing that the first bellwether trial of Bard hernia mesh lawsuits will begin on September 29 with pre-trial conferences scheduled for 9, 15, and 16 September.

The first Bard hernia mesh case that will go before the jury in September is a complaint filed by a plaintiff who experienced complications with Bard Ventralight ST mesh. The case was slated for May, but due to the COVID-19 pandemic, the dates got postponed as per the order issued by the court in March. 

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.