Third Hernia Mesh Bellwether Trial To Go Before Jury On May 15

Third Hernia Mesh Bellwether Trial To Go Before Jury On May 15

Introduction

The United States District Judge hearing nearly 18,000 Bard hernia mesh cases has announced that a third case will be heard by a federal jury on May 15.

The judgment came after mixed outcomes in the first two bellwether trials, which were meant to assist the parties to evaluate how jurors would respond to particular evidence and testimony that would be repeated throughout the lawsuit.

Each lawsuit alleges that C.R. Bard sold a variety of polypropylene mesh products in recent years that were defectively designed and increased the risk of painful complications following hernia repair surgery, including the Bard Ventralight, Bard Ventralex, Bard Perfix, Bard 3DMax, and other similar mesh systems.

The plaintiffs claim they endured significant stomach discomfort, infections, adhesions, erosion, and other issues once the mesh failed, which frequently necessitated another surgery to remove the failed hernia patch.

Because the complaints raise similar issues of fact and law, the federal litigation has been centralized before the United States District Judge for the Southern District of Ohio since August 2018, where the parties have engaged in coordinated discovery in preparation for a series of early trial dates.

The first of four anticipated bellwether trials were held in August 2021, with a defense verdict for the hernia mesh maker. That trial was followed by a second trial in April 2022, which resulted in a $255,000 judgment.

A Bard hernia mesh lawsuit was heard by a Rhode Island state court jury in August 2022, resulting in a $4.8 million judgment for one plaintiff, sending a strong signal to the manufacturer about the level of responsibility it may face in some circumstances since each individual complaint is heard by a jury.

Later that month, the court overseeing the hernia mesh MDL appointed a Bard hernia mesh settlement master to engage with the parties to see whether an agreement could be reached to resolve significant numbers of claims before more bellwether trials were scheduled. However, the parties have not established a worldwide agreement.