Series of Four Bard Hernia Patch Lawsuits Selected For Bellwether Trials Starting August 2nd
The U.S. District Judge presiding over all federal Bard hernia mesh lawsuits has identified four “bellwether” cases which will go before juries, starting with trials scheduled to begin on August 2, 2021 and January 10, 2022.
C.R. Bard currently faces more than 8,000 product liability lawsuits brought throughout the federal court system involving design problems with various polypropylene mesh products sold in recent decades, including Bard Ventralex, Bard Ventralight, Bard Perfix, Bard 3DMax and other mesh systems that each feature similar designs.
Given common questions of fact and law raised in the complaints, the federal litigation is centralized before U.S. District Judge Edmund A. Sargus, Jr. in the Southern District of Ohio, for coordinated discovery and a series of early “bellwether” trials, which are intended to help the parties gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout large numbers of claims.
Following a series of delays caused by the COVID-19 pandemic, Judge Sargus issued an order earlier this year scheduling the first Bard bellwether trial to begin this summer, involving a case alleging problems with Ventralight ST mesh. According to a Pretrial and Trial Schedule (PDF) issued on June 10, the parties will meet for a series of two pretrial conferences on July 19 and July 21, to resolve any objections to deposition designations and exhibits. The trial will then commence on August 2, 2021 at 9am.
In a separate order (PDF) issued on June 10, Judge Sargus also indicated a second bellwether trial will begin on January 10, 2021, involving complications with Bard Ventralex patch. The Court indicates that the court will outline specific deadlines in advance of that trial over the coming weeks.
While specific trial dates have not yet been scheduled for the third and fourth bellwether trials, Judge Sargus did identify the cases selected to go before juries in another case management order (PDF) issued on June 10, including one Bard Perfix Plug lawsuit and one Bard 3D Max patch lawsuit.
Although the outcomes of these early trial dates will not have any binding impact on other claims pending against the manufacturer, they are being closely watched by lawyers involved in the litigation and are expected to heavily influence the amount of any hernia mesh settlements Bard may offer in the coming months to avoid hundreds of individual cases being scheduled for trial in U.S. District Courts nationwide.
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ThaliaAugust 12, 2023 at 11:54 pm
I HAD ANOTHER BRAND OF MESH BUT STILL BELLWETHER CASE, FOR A INGUINAL HERNIA IN 2011. iT WAS SUPPOSE TO BE DAY SURGERY. i went home a couple of hrs, later around 10am By 7pm I was in so much pain I begged my husband to take back. I was hysrerical/ The ER Dr ask when I HAD THE SURGERY CAUSE I was beet red from the legs to under my breast. I was allergic to the mesh. the doc told my husband and I[Show More]I HAD ANOTHER BRAND OF MESH BUT STILL BELLWETHER CASE, FOR A INGUINAL HERNIA IN 2011. iT WAS SUPPOSE TO BE DAY SURGERY. i went home a couple of hrs, later around 10am By 7pm I was in so much pain I begged my husband to take back. I was hysrerical/ The ER Dr ask when I HAD THE SURGERY CAUSE I was beet red from the legs to under my breast. I was allergic to the mesh. the doc told my husband and I he was readmitting me. Five days later I went home still with pain after DEMORALshots all those days and one to go home on I still hurt, and after 11yrs I still hurt so bad I I can not walk or have a normal life with my husband. When does this end? I have begged for the Dr to take it out and they say it will reopen, well fix it the old way before they had the MESH .& give my life bach. You owe me big time
NavetAugust 3, 2021 at 5:29 pm
There are a lot of people who have suffered from Bard's poly- fish line mesh. Hopefully they will get hammered for me losing left testicle and cord, 5 Inguinal Hernia mesh surgery's which had a total of 8 different hernia's and lost a lot of tissue down there and still in Pain.
UnknownJuly 30, 2021 at 1:28 am
This is crazy because my family member went through all that pain from negligence from CR BARD's product and all they get is a rescheduled date! Shows how much they don't care about the health of the people.
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