Global Settlement of Bard Hernia Mesh Lawsuits To Be Discussed at Mediation on March 25 and 26

If parties reach an impasse on global Bard hernia mesh settlement negotiations, the judge may begin remanding thousands of claims back to their U.S. District Courts nationwide for individual trials dates

The U.S. District Judge presiding over all Bard hernia mesh lawsuits has ordered the parties to participate in two days of mediation later this month, in hopes of reaching a global settlement to resolve large numbers of claims being pursued by individuals nationwide.

More than 21,000 product liability lawsuits have been filed against C.R. Bard throughout the federal court system, each involving similar allegations that users suffered painful and debilitating injuries caused by design defects associated with various polypropylene products sold in recent years, including the Bard Ventralight, Bard Ventralex, Bard Perfix Plug, Bard 3DMax, 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 already held three test trials to help determine how juries may respond to certain evidence and testimony that may be repeated throughout the claims.

Although the bellwether trials were designed to promote resolution of the litigation, large numbers of Bard hernia mesh settlements have not materialized, and thousands of individuals are still awaiting their day in court.

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Hernia Mesh Lawsuits

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

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Judge Sargus presided over the first Bard hernia mesh trial in August 2021, which resulted in a  defense verdict for Bard. However, a second bellwether trial followed in April 2022, resulting in a $255,000 verdict, and the third resulted in a $500,000 verdict in November 2023.

Weeks before a fourth and final Bard bellwether case was expected to before a jury in April 2024, the Court vacated the scheduled trial date, indicating that it was not necessary for the parties to reach a global hernia mesh settlement.

Bard Hernia Mesh Mediation Talks

In addition to cancelling the fourth bellwether trial, Judge Sargus announced last month that Bard hernia mesh lawsuit in-person negotiations would begin this month, under the purview of a court-appointed mediator, John Jackson. However, members of the Plaintiffs’ Negotiation Committee and representatives of the Defendants only have three months to make progress, or else the court may consider returning large numbers of claims back to U.S. District Courts nationwide for individual trial dates, the judge warned.

On February 29, Judge Sargus issued a case management order (PDF) announcing that an in-person mediation session will be held on March 25 and March 26, indicating that the parties and mediator must alert him to any potential impasse in the negotiations by May 24.

“If the parties have reached an impasse in their mediation efforts, then the parties shall confer on a joint proposal outlining a plan for moving this litigation forward, which will include suggestions for remand,” the order stipulates. “After conferral, the parties shall submit a joint proposal or each shall submit its own proposal by June 24, 2024.”

In December, the Plaintiffs Steering Committee filed a motion calling for the court to start planning the remand of Bard hernia mesh lawsuits back to the U.S. District Courts where they originated for individual trials, also believing that the bellwether trials had run their course. However, Judge Sargus rejected that motion, saying remand was premature at that time.

Judge Sargus indicated in January that the Court would like to see a three- or four-month period for global Bard hernia mesh settlement negotiations to be explored before setting the stage for active litigation to move forward simultaneously throughout the federal court system. However, according to this latest order, Judge Sargus appears prepared to start remanding claims if sufficient progress toward that goal is not reached by the end of May 2024.

6 Comments

  • DianaMay 16, 2024 at 3:39 pm

    I had a Strangulated Hernia in 2016 I was suffocating ER Doctor told me it was all in my head refused to do CT scan x-rays anything next day I was in Emergency Surgery 4 yrs later same issues severe pain vomiting I really thought that was the end of my life was transferred to Minneapolis for another Emergency Surgery this time a Bowel Obstruction I found out then I had mesh implanted it caused a B[Show More]I had a Strangulated Hernia in 2016 I was suffocating ER Doctor told me it was all in my head refused to do CT scan x-rays anything next day I was in Emergency Surgery 4 yrs later same issues severe pain vomiting I really thought that was the end of my life was transferred to Minneapolis for another Emergency Surgery this time a Bowel Obstruction I found out then I had mesh implanted it caused a Bowel Obstruction lost half my intestine I still have severe pain bloating cannot do much of anything anymore.

  • SharonApril 27, 2024 at 9:32 am

    I had my Hernia Mesh surgery in 2015. An infection shortly after resulted in another surgery. Complications are, massive scar tissue, prolapsed bladder, bowel blockage stooped posture. Hernia has gotten so large and so heavy, it's caused me to have a permanent stoop, and causes back pain as well abdominal pain. No longer a productive individual. And my appearance is an embarrassment.

  • TiffanyApril 19, 2024 at 10:01 pm

    I have had hernia surgery since 2012 all the way till 2020 , so many revision surgeries i had because of this mesh. This is taking way too long , it has been since 2019 I am fighting this case.

  • TimothyApril 9, 2024 at 2:47 pm

    I've had 4 surgeries not to mention that 4 days after the first one it got so infected from the mesh I almost lost my life and with this last surgery it was again infected from the mesh migration I don't know why it's taking so long I have become homeless since from not being able to work just frustrated because they don't care what happens to me or anyone else in this litigation.

  • CathyMarch 27, 2024 at 12:10 pm

    This is taking too long and I can bet that I'm not the only one that feels this way...... Three surgeries later with a bunch of scar tissue and a seroma!

  • JenniferMarch 23, 2024 at 1:41 am

    I have had 2 hernia mesh surgeries. I am scarred and have gastric issues.

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