MDL Status Granted To 53 Bard Polypropylene Cases

MDL Status Granted To 53 Bard Polypropylene Cases

Introduction

In an order issued by the U.S. Judicial Panel on Multidistrict Litigation (JPML) on August 2, about 53 Bard hernia mesh lawsuits pending in 21 federal district court have been transferred to U.S. District Judge Edmund A. Sargus (In Re:  Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL Docket No. 2846, JPML) for coordinated discovery and pretrial proceedings in the Southern District of Ohio. Additionally, another 69 potentially linked cases would be transferred soon. Oral arguments for the motion consolidation were conducted on July 26,  in Santa Fe, New Mexico.

Allegations include complications caused due to polypropylene hernia patch products like Bard Ventralex, Bard Perfix, Bard Composix and many others. Bard is also facing allegations that its hernia repair products tend to fail and cause severe internal injuries to the mesh recipient often requiring revision surgery. In June 2018, C.R. Bard and Davol agreed to consolidate all bard hernia mesh cases before one single judge, as long as it included all lawsuits over their polypropylene mesh products, along with previously recalled Composix Kugel (CK) mesh products. However, JPML declined to consider CK lawsuits in their decision.

More than 500 lawsuits are pending in MDL No.2782 (In re Ethicon Physiomesh Flexible composite Hernia Mesh Products Liability Litigation and about 30 are pending against Atrium Medical Corporation (MDL No. 2753). The first trial for Ethicon MDL has been scheduled to begin in September 2019.