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.

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.