Bard Hernia Mesh Bellwether Trials Expected to Begin in Mid-2020

The U.S. District Judge presiding over all Bard hernia mesh lawsuits indicates that the first bellwether trial will be ready to go before a jury in about 16 months, suggesting that trial dates will begin in mid-2020 to help drive settlement negotiations in hundreds of similar cases. 

There are currently about 200 product liability lawsuits pending against C.R. Bard throughout the federal court system, involving complications associate with Bard Ventralex, Bard Perfix, Bard Composix and other polypropylene products sold in recent years. However, as hernia mesh lawyers continue to review and file cases in the coming months and years, it is ultimately expected that the litigation may include close to 10,000 cases.

Each of the complaints raise similar allegations that plaintiffs suffered painful and debilitating complications following hernia repair with Bard mesh, due to design defects that increase the risk of failure and revision surgery to remove the mesh from their body.

Learn More About

Hernia Mesh Lawsuits

Cases reviewed for problems with several types of hernia repair products.

Learn More About this Lawsuit See If You Qualify For Compensation

Given similar questions of fact and law raised in the complaints filed in federal courts nationwide, the U.S. Judicial Panel on Multidistrict Litigation established consolidated pretrial proceedings for the Bard hernia mesh cases last month, centralizing cases filed nationwide before U.S. District Judge Edmund A. Sargus in the Southern District of Ohio, for coordinated discovery and management.

In a pretrial order (PDF) issued on October 12, Judge Sargus indicates that the Court plans to hold a series of early “bellwether” trials, which are designed to help the parties gauge how juries may respond to certain testimony and evidence that is likely to be repeated throughout similar cases if the litigation is not resolved.

As part of the coordinated proceedings, the order indicates that each side will identify six potential bellwether cases for a discovery and trial pool, for a total of 12 claims that will go through case-specific discovery. The court will later cut that list in half.

Judge Sargus indicates that he anticipates the trial will begin in approximately 16 months, with each trial lasting about four weeks, and five week intervals between each trial.

The parties are scheduled to meet with again for a next status conference on November 16, which will involve discussions about the first Bard trial date, case management orders and the establishment of a master schedule.

Similar consolidated pretrial proceedings have also been established for Atrium C-Qur lawsuits and Ethicon Physiomesh lawsuits, which involve competing hernia repair products that have also been linked to a high rate of failure and problems. The first bellwether trial dates in each of these other MDLs are expected to begin in early 2020.

While the outcomes of these “test” trials will not be binding on other claims, they may help the parties gauge the relative strengths and weaknesses of cases, and facilitate hernia mesh settlements with Bard and other manufacturers, which would avoid the need for hundreds of individual cases to be scheduled for trial over the coming years.

1 Comments

  • jeffreyJanuary 20, 2019 at 4:42 pm

    I had surgery in 2010 and 4 months later had another surgery to correct a surgical hernia around a bard mesh patch ect now I have to have another correcting surgery for another hernia around my patch and prier surgeries why doesn't they be held responcible?

Share Your Comments

I authorize the above comments be posted on this page*

Want your comments reviewed by a lawyer?

To have an attorney review your comments and contact you about a potential case, provide your contact information below. This will not be published.

NOTE: Providing information for review by an attorney does not form an attorney-client relationship.

This field is for validation purposes and should be left unchanged.

More Top Stories

AT&T Data Breach Lawsuits Seek Damages for 70M Customers Whose Information Was Released
AT&T Data Breach Lawsuits Seek Damages for 70M Customers Whose Information Was Released (Posted today)

AT&T faces a growing number of data breach class action lawsuits, which plaintiffs say should be consolidated before one federal judge for coordinated pretrial proceedings.

Fairness of Philips CPAP Recall Settlement Being Evaluated By MDL Judge
Fairness of Philips CPAP Recall Settlement Being Evaluated By MDL Judge (Posted yesterday)

A federal judge has held a fairness hearing for a proposed Philips CPAP class action lawsuit settlement, which seeks to resolve claims that consumers suffered economic damages due to the massive recall over toxic sound abatement foam.