Bard 3DMax Hernia Mesh Lawsuit Set for Trial To Begin in April 2024

With thousands of Bard hernia mesh lawsuits pending in the federal court system, a fourth bellwether trial will be held in the spring, involving allegations that defects with Bard 3DMax caused painful and permanent injuries.

Following mixed results in the first three cases that went before a jury, the U.S. District Judge presiding over all Bard hernia mesh lawsuits filed in the federal court system has scheduled a fourth bellwether trial to be held on April 8, 2024, involving a claim brought by a Florida man who experienced complications with Bard 3DMax mesh.

The case is one of more than 18,000 product liability lawsuits currently pending against C.R. Bard, each involving similar allegations that users suffered painful and debilitating injuries caused by design defects associate with various polypropylene products sold in recent years, including the Bard 3DMax, Bard Ventralight, Bard Ventralex, Bard PerFix Plug, and other similar systems.

Since each of the claims raise similar questions of fact and law, the hernia mesh lawsuits have been centralized before U.S. District Judge Edmund A. Sargus in the Southern District of Ohio since August 2018, as part of a federal Bard hernia mesh MDL, where the parties have prepared a small group of representative claims for early trial dates. However, settlement negotiations have stalled and thousands of claimants are still awaiting their day in court.

Judge Sargus presided over the first Bard hernia mesh trial in August 2021, which resulted in a  defense verdict for Bard, following lengthy delays due to the COVID-19 pandemic. A second bellwether trial followed in April 2022, resulting in a $255,000 verdict, and the third resulting in a $500,000 verdict last month.

In August 2022, a state court lawsuit in Rhode Island ended with a $4.8 million verdict over Bard Ventralex mesh problems, which sent a strong signal to the manufacturer about the extent of liability it may face if each of the remaining cases goes before a jury.

Since parties involved in the litigation have not been able to negotiate a global Bard hernia mesh settlement to resolve large numbers of cases, Judge Sargus will move forward with a fourth bellwether trial in the MDL in early 2024.

While the outcome will not have any binding impact on other claims, it may influence the amount Bard must pay to avoid thousands of claims being remanded back to U.S. District Courts nationwide for separate trials in the coming months and years.

Bard 3DMax Hernia Mesh Lawsuit Bellwether Trial Date

The next bellwether trial will involve a Bard 3DMax hernia mesh lawsuit (PDF) filed by Jacob Bryan, of Florida, in November 2018.

Bryan was implanted with the 3DMax in November 2012, when he underwent inguinal hernia repair surgery. However, the lawsuit alleges that design defects caused the hernia mesh to fail, and it had to be surgically removed in October 2017, leaving him with permanent injuries and pain.

“Defendants failed to warn or notify doctors, regulatory agencies, and consumers of the severe and life-threatening risks associated with polypropylene,” the lawsuit states. “Defendants were responsible for the research, design, development, testing, manufacture, production, marketing, promotion, distribution and sale of 3DMax, including providing the warnings and instructions concerning the product.”

On November 21, Judge Sargus issued a case management order (PDF) setting the trial schedule for the Bard hernia mesh bellwether trial trial, indicating that the case will begin on April 8, 2024, with each side provided a total of 30 hours of trial time.

Case specific discovery is scheduled to be completed by January 10, 2024, with Daubert motions due by January 12. Motions in Limine must be filed by February 2. The Court will then hold final pretrial conferences on March 26 and 27.