Bard Hernia Mesh Jury Trial Set To Begin April 19, 2021 Following Further Delay Due To Coronavirus

The U.S. District Judge presiding over all Bard hernia mesh lawsuits pending throughout the federal court system has re-scheduled the first bellwether jury trial to begin on April 19, 2021, following additional delays associated with the ongoing coronavirus pandemic.

C.R. Bard currently faces more than 8,000 product liability claims brought throughout the federal court system, each involving similar claims that plaintiffs suffered painful and debilitating complications due to defective polypropylene mesh products sold in recent years, including Bard Ventralight, Bard Ventralex, Bard Perfix, Bard 3DMax and other similar mesh systems.

Plaintiffs allege that design problems with polypropylene mesh caused them to experience severe abdominal pain, infections, adhesions, erosion and other complications that often result in the need for additional surgery to remove the failed hernia patch.

Hernia Mesh Lawsuits

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Hernia mesh lawsuits are being filed against Bard, Atrium, Covidien and several other hernia mesh manufacturers over mesh failures resulting in injuries and additional surgery.

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Given common questions of fact and law raised in the complaints, the federal litigation has been centralized before U.S. District Judge Edmund A. Sargus in the Southern District of Ohio for the past few years, where the parties have engaged in coordinated discovery in preparation for a series of early trial dates, which are intended to help gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the claims.

While trials were originally expected to begin in May 2020, after the COVID-19 pandemic emerged in the United States, the start of that first bellwether case was postponed until September 29, 2020 and then delayed again until January 2021. However, following a recent status conference, the start of the first Bard hernia mesh jury trial has been delayed by another three months.

In a case management order (PDF) issued on November 23, Judge Sargus indicates that trial involving claims brought by Steven Johns has been tentatively rescheduled to begin on Monday, April 19, 2021, with two final pretrial conferences slated for March 24 and April 1.

According to allegations raised in the case, Johns indicates that he experienced problems with Bard Ventralight ST mesh, which is a type of polypropylene patch involved in a large number of other claims pending in the litigation and the case will be closely watched by parties nationwide who are pursuing similar claims.

Given the importance of beginning the bellwether trials, and since the COVID-19 pandemic will likely still have a major impact on the U.S. judicial system in April, Judge Sargus is urging the parties to use technology where possible to reduce exposure risks.

“The Court strongly encourages the parties to utilize the electronic courtroom technology for presentation of evidence,” he wrote. “The parties shall report to the Court, by joint submission, on or before the date of the first pretrial conference, their intent to use the technology.”

While the outcomes of the Johns trial will not be binding on other claims, it may have a substantial impact on any Bard hernia patch settlements that the manufacturer may offer to avoid the need for thousands of individual cases to be set for jury trials nationwide in the coming years.

9 Comments

  • SharonJune 17, 2021 at 10:03 pm

    Has anyone received information from their attorneys? This was all a crock of shit. Someone is getting over big time.

  • kennethJune 1, 2021 at 12:05 am

    5 hernia mesg operation 2 bard and 3 others sent pics and everything got email 3 weeks ago from lawyer say it,ll be end of spring earky summer been 5 years already

  • RonMay 26, 2021 at 9:43 pm

    It's all bull shit i all most died twice i had 6 hernia been cut open like a pig only 50 per cent stomach muscles left now i have a 7th hernia this has bee going on from 2014

  • RichardMay 1, 2021 at 3:56 pm

    They told me it be 2yrs to get my Seattlement now they saiding it going be longer befor i hear anything wtf people lost jobs snd money being of their bullshit lawyer need to pust this

  • BradApril 12, 2021 at 7:26 am

    It does not take this long too proceed. I wonder why these judges have not been fired. Ohh! They are crimnals, also. The defendants are crooks. The evidence is the medical records, complaints and number of patients. What a bunch of hypocritical people. They would not make it a million miles too heaven. I have asked God teach them a life changing lesson. They should burn forever. Demons!!!

  • BradMarch 21, 2021 at 11:43 pm

    They could have solved this along time ago.The judges like too get paid on the side.The judge already knows what needs too be done.He reads the cases on line like you and me. There is no not one secret strip of evidence that is new.They are guilty.It is comman sense.Do one court trial and find them guilty of neglect,recklessness,denial and greed.

  • HelenMarch 20, 2021 at 3:19 am

    I have a Hernia Mesh claim on going for a while now, Supposed to be heard in April 2021. I hope it ends soon. I still have 2 hernia in my stomach that have returned. Tired of this. I just want to be happy again. I have grand children that count on me.

  • DanielMarch 6, 2021 at 11:01 am

    I’ve been in the Brad Mesh court litigation when there were less then a thousand people. Years already still years to go! Oh my

  • NicholasFebruary 11, 2021 at 4:06 pm

    What the hell is going on with these cases being canceled for about the 3rd time they got a trail going on to impeach the President right now and my wife got a thing to go to small claims court there open for business it’s been long time I understand the COVID-19 problem but look like they are just taking advantage of it now people been waiting for 4 to5 years for bellwether trails but this is cra[Show More]What the hell is going on with these cases being canceled for about the 3rd time they got a trail going on to impeach the President right now and my wife got a thing to go to small claims court there open for business it’s been long time I understand the COVID-19 problem but look like they are just taking advantage of it now people been waiting for 4 to5 years for bellwether trails but this is crazy who can you call to make A complaint or is it just A waste of time come on people get you acts together

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