Posted by : Irvin Jackson
A third Bard hernia mesh lawsuit will go to trial in late February 2023, lasting about four weeks, unless settlement talks result in agreements to resolve thousands of claims pending nationwide.
November 17, 2022
By: Irvin Jackson
- Nearly 18,000 Bard hernia mesh lawsuits are pending in federal courts
- Bellwether trials are scheduled to begin in Feb and May 2023 to help parties gauge how juries will respond to certain evidence that will be repeated throughout the claims
- Bard hernia mesh settlement master was appointed to work with parties in advance of trials
- Lawyers continue to investigate and file new claims for individuals who may be eligible for a Bard hernia mesh lawsuit payout
The U.S. District Judge presiding over all federal hernia mesh lawsuits involving Bard products will meet with lawyers involved in the litigation next week, as preparations continue for a third and fourth bellwether trial, which are expected to have a big impact on ongoing settlement talks to resolve thousands of claims.
There are currently nearly 18,000 product liability lawsuits pending in a Bard hernia mesh MDL (multidistrict litigation), which is centralized before U.S. District Judge Edmund A. Sargus, Jr. in the Southern District of Ohio, involving allegations that plaintiffs suffered painful complications due to design defects associated with certain polypropylene mesh products sold in recent years, including Bard Ventralex, Bard Ventralight, Bard Perfix, Bard 3DMax and other systems.
While the parties did make some progress last year negotiating Bard hernia mesh settlements to resolve some state court claims in Rhode Island, following mixed results in the first two federal trials held before Judge Sargus, preparations have resumed for a third and fourth bellwether trial, which will be closely watched to provide additional information about how juries may respond to certain evidence and testimony that will be repeated throughout the claims.
However, as the litigation moves forward, Bard hernia mesh lawyers continue to file new lawsuits on behalf of individuals who learn that their hernia mesh failed, and the number of claims pending throughout the federal court system has more than doubled from just over 8,000 claims in June 2021, to 17,954 lawsuits pending according to a November 2022 update (PDF) issued by the U.S. Judicial Panel on Multidistrict Litigation (JPML).
Learn More About Hernia Mesh lawsuits
- Schedule Leading Up To Next Bard Hernia Mesh Bellwether Trial in Feb 2023 Outlined By Court(9/19/22)
- Judge Appoints Covidien Hernia Mesh Attorneys to Interim Leadership Positions in MDL(9/15/22)
- Bard Hernia Mesh Lawsuit Results in $4.8M Jury Award in Rhode Island, Which Will Likely Impact On-Going Settlement Negotiations in Thousands of Claims(8/30/22)
Bellwether Trials May Influence Bard Hernia Mesh Settlement Talks
Although the results of early bellwether trials are not binding on claims brought by other plaintiffs, they are being closely watched by Bard hernia mesh lawyers involved in the litigation.
The first two early trials held in the Bard hernia mesh MDL produced mixed results, with the manufacturer securing a defense verdict in the first trial in August 2021, and getting hit with a $255k verdict in a second trial that ended in April 2022. However, there are two additional cases scheduled to go before juries next year.
In Rhode Island state court, one Bard hernia mesh lawsuit resulted in a $4.8 million verdict in August 2022, sending a clear signal to the manufacturer about the extent of liability it may face if settlements are not reached and thousands of individual claims go before juries nationwide.
In a case management order (PDF) issued on November 9, Judge Sargus outlined the pre-trial schedule leading up to the third bellwether trial, which is set to go before a jury in February 2023.
The order indicates the trial will start on February 21, 2023 and will last for four weeks, with four trial days in the first and third week, and five trial days in the second and fourth week. The order also calls for parties to give the Court a revised proposed scheduling order for the fourth bellwether trial, in order to reflect date changes and other topics discussed at a case management conference held on November 4.
These topics are likely to be discussed when Judge Sargus meets with defense counsel and the Plaintiffs’ Steering Committee at a case management conference to be held via GoToMeeting on November 21.
November 2022 Bard Hernia Mesh Settlement Update
Although individual agreements have been reached with some lawyers to settle Bard hernia mesh lawsuits pending in Rhode Island state court, not all of those claims have been resolved, and no global settlement has been reached to allow each individual impacted by the products to receive a lawsuit payout as of November 2022.
Following the next Bard hernia mesh bellwether trial in February 2023, the fourth case is currently scheduled to begin in May 2023.
In advance of those bellwether trials, Judge Sargus appointed a Bard hernia mesh settlement master in August 2022, to work with the parties and attempt to facilitate talks that may result in individual offers being available for each individual who has experienced complications from the polypropylene hernia mesh products.
In addition claims against Bard, thousands of similar claims have been filed in recent years against manufacturers of other polypropylene mesh products that have resulted in widespread injuries, including more than 3,600 Ethicon Physiomesh lawsuits and 3,335 Atrium C-Qur lawsuits that were centralized in separate MDLs, and lawyers involved in each of those proceedings have reached hernia mesh settlements shortly before scheduled bellwether trials were set to begin.
Lawyers provide free consultations and claim evaluations to help individuals determine if they may be eligible for a hernia mesh lawsuit payout for complications experienced with a product manufactured by Bard or another company.
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