2nd Bard Hernia Mesh Bellwether Trial Begins

March 24, 2022 | By Riddle & Brantley Accident Injury Lawyers
2nd Bard Hernia Mesh Bellwether Trial Begins

Another Hernia Mesh Lawsuit Bellwether Trial Gets Underway

The outcome of the 2nd Bard hernia mesh bellwether trial may influence potential future settlements in thousands of hernia mesh cases.The second hernia mesh lawsuit bellwether trial for thousands of claimants seeking damages for defective Bard hernia mesh implants has begun in the Southern District of Ohio. The Honorable Edmund A. Sargus, Jr., a U.S. District Judge, presides over the multi-district litigation (MDL) against C.R. Bard, a subsidiary of Beckton-Dickson, for their allegedly defective hernia mesh products. The outcome of this case will likely set a precedent for other faulty hernia mesh lawsuits that are currently pending in other districts, so claimants will be watching this case closely. The second Bard hernia mesh bellwether trial may significantly influence potential hernia mesh settlement payments.

Previous Hernia Mesh Bellwether Trial: a Surprise Victory for Bard

Round 1 of the Bard henia mesh bellwether trials took place in Ohio in 2021, where plaintiff Steven Johns was seeking compensation from Bard over his “persistent, debilitating pain” and “emotional distress” after receiving a Bard hernia mesh implant for his hernia surgery in 2015. Unfortunately for Johns and his legal team, the jury ruled in favor of Bard on all counts brought against them. While this victory may make claimants uneasy going into this second bellwether trial, it is important to note that these are both very different cases. The current bellwether trial is a consolidation of thousands of claims against Bard instead of a single claimant.

Previous Settlements

The Bard hernia mesh lawsuits are not the first to appear before the courts due to allegations of faulty mesh products. In December 2021, Atrium Medical Corp, a Swedish medical device manufacturer, agreed to settle the mass tort case brought against them in the New Hampshire courts. The settlement proposed was an estimated $66 million. In addition to Atrium, Boston Scientific Corporation settled with claimants in 47 states over their allegedly misleading transvaginal surgical mesh advertisements. This settlement clocked in at over $188 million. These two large settlement wins set an important precedent for the Bard MDL, and we’re anxious to learn the outcome of this second hernia mesh lawsuit bellwether trial.

Hernia Mesh Claims Against Bard

The Bard hernia mesh products that are included in this MDL are all comprised of polypropylene. These fall under the “permanent” hernia mesh category and are designed to stay in place for the lifetime of the patient or until removed. In the case of the allegedly faulty implants, the polypropylene was also coated with a special coating to prevent it from attaching to nearby organ tissue and causing complications. Unfortunately, claimants have reported that in many cases, this coating was either rejected by the body or wore off, causing the hernia mesh to adhere to organs and other tissues. This hernia mesh defect can potentially cause serious health problems, including:
  • Pain
  • Detachment of the mesh
  • Bowel obstructions
  • Infections
In this case, claimants allege that Bard failed to adequately test their products, resulting in defective products being implanted into patients.

Do You Have a Claim?

It is not too late to file a hernia mesh lawsuit if you believe a potentially defective product caused your injuries, or required additional surgery. For a FREE, no-obligation consultation with an experienced hernia mesh lawyer at Riddle & Brantley, please call 1-800-525-7111 or complete the fast and easy form below. Call 1-800-525-7111 today and let’s talk. We believe Justice Counts for victims of potentially defective medical devices, and we are ready to help however we can.