Next Bard Hernia Mesh Trial in Federal MDL Postponed Until May 2023

Delay comes as thousands of plaintiffs pursuing Bard hernia mesh lawsuits watch to see what impact the trial will have on average settlement amounts the manufacturer may offer to resolve claims.

  • The next Bard hernia mesh trial was previously scheduled to begin Feb. 21, 2023
  • Court has postponed the start of the claim until May 15, 2023
  • Nearly 19,000 plaintiffs pursuing Bard hernia mesh lawsuits will be watching the results of this third bellwether trial, which may have an impact on negotiations to settle claims
  • If Bard hernia mesh settlement payouts are not reached, hundreds of individual claim may be remanded to U.S. District Courts nationwide for trial
  • FIND OUT IF YOU QUALIFY FOR A BARD HERNIA MESH LAWSUIT PAYOUT

The U.S. District Judge presiding over all Bard hernia mesh lawsuits pending in the MDL (multidistrict litigation) has delayed the start of the next bellwether trial until May 2023, as a court-appointed master continues to work with the parties to help facilitate negotiations to settle thousands of claims pending in the federal court system.

There are currently nearly 18,000 product liability lawsuits pending in the federal Bard hernia mesh MDL, which is centralized before U.S. District Judge Edmund A. Sargus, Jr. in the Southern District of Ohio, since each of the claims raise similar 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.

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Hernia Mesh Lawsuits

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

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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 resumed earlier this year for a third and fourth bellwether trial, which were originally slated to begin in February 2023 and May 2023.

In an order (PDF) issued on November 22, Judge Sargus announced that the next Bard hernia mesh trial date was vacated, and will instead begin on May 15, 2023.

The Court did not provide any indication about the reason for the delay, or when the fourth trial previously slated for May 2023 will now begin. However, the order comes weeks after a Bard hernia mesh settlement master was appointed to work with the parties leading up to the next trial.

Bard Hernia Mesh Settlement Negotiations

Although the outcome of early bellwether trials held in the federal MDL will not have any binding impact on other claimants, they are designed to help the parties gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation, and determine the potential amounts of Bard hernia mesh lawsuit payouts that may be awarded if each claim goes to trial.

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, another Bard bellwether trial resulted in a $4.8 million verdict for one plaintiff in August 2022, sending a clear signal to the manufacturer about the extent of liability it may face if settlements are not reached to resolve thousand of individual claims that are pending.

December 2022 Bard Hernia Mesh Litigation Update

While the settlement negotiations continue, and additional Bard hernia mesh trials loom, the size and scope of the litigation has continued to grow throughout 2022.

According to the November 2022 docket report (PDF) issued by the U.S. Judicial Panel on Multidistrict Litigation (JPML), there are currently 17,954 lawsuits pending before Judge Sargus. This represents a sharp increase from just over 8,000 claims that were pending in June 2021.

If the parties fail to negotiate acceptable average Bard hernia mesh settlements to resolve large numbers of claims over the remainder of 2022 or early 2023, it is expected that Judge Sargus will consider remanding large numbers of claims back to U.S. District Courts nationwide for individual trial dates in future years.

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.

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Do You Qualify for a Bard Hernia Mesh Settlement?

It is not too late to find out if you or a loved one may qualify for a Bard hernia mesh lawsuit payout, if complications were experienced after a hernia repair that resulted in the need for revision surgery

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16 Comments

  • stevenJanuary 15, 2023 at 10:50 pm

    I am right there with the rest of you. This is bs. Guess they know bard will have to pay eventually. The longer they can hold onto there money seems to be the plan they are taking. Dont know how much just interest on a billion dollars is but I know its a lot. I will never be the same. Just wish to move on with life. Get the feeling the case they pushed off to may is just another example of a way [Show More]I am right there with the rest of you. This is bs. Guess they know bard will have to pay eventually. The longer they can hold onto there money seems to be the plan they are taking. Dont know how much just interest on a billion dollars is but I know its a lot. I will never be the same. Just wish to move on with life. Get the feeling the case they pushed off to may is just another example of a way for the company to hold onto the money as long as possible. With the last case findings about the plastic being used that they knew was not allowed I am sure sends a message they are going to have to pay one day. What is scary is lets say the next case goes forward and they through the cases back to local courts. how many years until our case will be heard. Guess even if we die in the process eventually dead or alive the case will live on. Am wondering if my case can be pulled from the mdl and put into local state court. I don't like attorneys but believe in mine. better give him a shout and ask. Good luck All

  • PaulJanuary 7, 2023 at 12:47 pm

    I really think this is sad on the part, that people like me had their lives changed because of this and they keep delaying the process year after year when does this end

  • lindaJanuary 3, 2023 at 6:34 pm

    I think someone needs to step up and investigate what is going on with this. My husband had surgery in2015 for they called it a simple hernia surgery there was nothing simple about it. Many surgeries and procedures were done to try and repair what was damaged and to try and improve his quality of life. He passed Nov 4, 2021. I am wondering what can be done. Can we all write to our attorney genera[Show More]I think someone needs to step up and investigate what is going on with this. My husband had surgery in2015 for they called it a simple hernia surgery there was nothing simple about it. Many surgeries and procedures were done to try and repair what was damaged and to try and improve his quality of life. He passed Nov 4, 2021. I am wondering what can be done. Can we all write to our attorney generals, the court system or anyone for some help? Are they just waiting for everyone affected to die and then they won't have to deal it anymore? I can't imagine the lawyers involved are very happy either since they aren't being paid for their time and efforts.

  • RexDecember 26, 2022 at 12:34 pm

    I had Baird mesh implanted in my groin area due to a painful hernia in that region and it became even more painful after the surgery. Sex was (and still is) unbearable so I opted for corrective surgery with a legitimate mesh and my right testicle was strangulated and had to be removed a few weeks later. Now not only am I missing a testicle, but sex is still painful as my groin area is numb , tingl[Show More]I had Baird mesh implanted in my groin area due to a painful hernia in that region and it became even more painful after the surgery. Sex was (and still is) unbearable so I opted for corrective surgery with a legitimate mesh and my right testicle was strangulated and had to be removed a few weeks later. Now not only am I missing a testicle, but sex is still painful as my groin area is numb , tingling and painful from the first Baird implant, but I still can't achieve an orgasm or enjoy sex for the last five or six years

  • MARYDecember 24, 2022 at 9:13 am

    THE JUDGE or JUDGES have been PAID OFF, and THIS LAWSUIT is ONE that SHOULD BE INVESTIGATED by the SUPREME COURT! Oh, FORGIVE ME, I FORGOT that even the JUDGES on the SUPREME COURT DON'T CARE about PEOPLE/PATIENTS who's LIVES and BODIES have been MESSED UP because THEY OWN the COMPANIES, or have INVESTED in THEM, and will SUFFER GREAT FINANCIAL LOSSES if THIS CASE, and OTHERS like IT were to be L[Show More]THE JUDGE or JUDGES have been PAID OFF, and THIS LAWSUIT is ONE that SHOULD BE INVESTIGATED by the SUPREME COURT! Oh, FORGIVE ME, I FORGOT that even the JUDGES on the SUPREME COURT DON'T CARE about PEOPLE/PATIENTS who's LIVES and BODIES have been MESSED UP because THEY OWN the COMPANIES, or have INVESTED in THEM, and will SUFFER GREAT FINANCIAL LOSSES if THIS CASE, and OTHERS like IT were to be LOST!

  • DanielDecember 15, 2022 at 10:18 pm

    I have had 3 surgerys, (2) were Emergency Surgery’s as Bard mesh had attached itself to my bowls, totally blocking. Could not swallow my own spit without it coming back up. Was taken to ER on two different occasions for emergency surgery! Still cannot pass a regular stool without causing bleeding as when pooping, there is enough scar tissue that stool cannot pass. Have to take PolyEthylene Glycol[Show More]I have had 3 surgerys, (2) were Emergency Surgery’s as Bard mesh had attached itself to my bowls, totally blocking. Could not swallow my own spit without it coming back up. Was taken to ER on two different occasions for emergency surgery! Still cannot pass a regular stool without causing bleeding as when pooping, there is enough scar tissue that stool cannot pass. Have to take PolyEthylene Glycol every single day to keep stool soft enough to pass. So sick of this, been going on sinse 2009, THIRTEEN YEARS! The Bard mesh was implanted in 2006! Enough is enough!

  • MarkDecember 15, 2022 at 8:23 pm

    I haven't seen the other legal websites which track hernia mesh updates saying the bellwether case that was scheduled for 2/21/23 has been postponed till May. There were two future trails on the calendar - 02/21/23 and another one in May, 2023. I'm curious if those two dates got confused somehow on this site?

  • DavidDecember 14, 2022 at 8:54 am

    Granted and clearly,this lawsuit is being dragged out. Plaintiffs have suffered and endured loss of their "quality of life". Some have had parts of their intestines removed, infection of other organs, not to mention, extreme intense pain during sex, some don't have that luxury because of the multiple revision surgeries. Some of the blame as to why it's taking so long was because of the covid. So[Show More]Granted and clearly,this lawsuit is being dragged out. Plaintiffs have suffered and endured loss of their "quality of life". Some have had parts of their intestines removed, infection of other organs, not to mention, extreme intense pain during sex, some don't have that luxury because of the multiple revision surgeries. Some of the blame as to why it's taking so long was because of the covid. Some of the blame lies with the judge and magistrate, too. If they can hold video conferencing between both defense and plaintiffs attorneys, ( early on), why can't they hold video conferencing with the jury and witnesses, to get this moving along? We have suffered pain so much already, why make us suffer more pain by continuing delays with either future cases or coming to a settlement resolution?

  • WendyDecember 9, 2022 at 6:05 pm

    This is terrible! I had mesh originally put in 2008. Then the failures started in 2010. I've had six corrective surgeries including two bowel resections, two months in ICU and can barely get out of bed most days. The pain is unreal. It has wrecked my life.

  • RandyDecember 8, 2022 at 1:48 pm

    My Bard mesh failed and caused me 2 additional hernia repair surgeries as well as an abdominal wall reconstruction. This caused me to lose my career as I was restricted to lifting capacity. I wish they would stop all these delays and get relief to all the victims of their products.

  • CynthiaDecember 8, 2022 at 7:27 am

    I have suffered with my Bard hernia mesh & am waiting to find out when Bard is going to be held accountable! I have had to have revision surgeries and other major complications and the mesh is not able to be removed, because it is attached with adhesions to major organs in my body! This has affected my daily living and BARD needs to be made to pay for the defective products that they knew about an[Show More]I have suffered with my Bard hernia mesh & am waiting to find out when Bard is going to be held accountable! I have had to have revision surgeries and other major complications and the mesh is not able to be removed, because it is attached with adhesions to major organs in my body! This has affected my daily living and BARD needs to be made to pay for the defective products that they knew about and still sold just for money! Where is the humanity in this?????

  • KimberlyDecember 7, 2022 at 9:14 am

    I have been doing this for 5 years… I’ve had a total of 8 mesh surgeries and all have caused extreme pain and removal and the last one in 2019 made me septic and I almost died… I literally had infection oozing from my belly! Thank goodness we filmed it all and I’ve had a great surgeon for all of my hernia surgeries!! BARD open your eyes and start a settlement so we can finally put this to rest for[Show More]I have been doing this for 5 years… I’ve had a total of 8 mesh surgeries and all have caused extreme pain and removal and the last one in 2019 made me septic and I almost died… I literally had infection oozing from my belly! Thank goodness we filmed it all and I’ve had a great surgeon for all of my hernia surgeries!! BARD open your eyes and start a settlement so we can finally put this to rest for good!

  • JeffreyDecember 6, 2022 at 11:01 am

    This is all crap and someone needs to start hold Bard accountable for their actions and poor decisions affecting people's lives and well being.

  • PhilipDecember 6, 2022 at 1:45 am

    Mesh. Ruined my life, days bedridden. Non medical grade, lowest thing I ever heard. What a crime against humanity for dollars.

  • AnthonyDecember 3, 2022 at 5:36 am

    Looks like Bard is waiting to see how many people die off from their patch, to save on settlement costs

  • MichaelDecember 2, 2022 at 6:18 pm

    Why are we allowing Bard to keep kicking the can down the road. I mean the covid 19 pandemic put this off for 2 years as it is. How many more postponements do they need. Alot of people like myself are struggling to just be alive to see the end of this. Had a very close call 7/9/2021 as it is.

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