Pretrial Schedule For Second Bellwether Lawsuit Over Bard Hernia Mesh Complications Outlined By Judge

The U.S. District Judge presiding over all Bard hernia mesh lawsuits has outlined the pretrial schedule leading up to the next bellwether case, which is slated to go before a jury starting in January 2022.

C.R. Bard currently faces more than 8,000 product liability lawsuits brought throughout the federal court system, each involving similar allegations that the company sold dangerous and defective polypropylene hernia repair products in recent years, including Bard Ventralex, Bard Ventralight, Bard Perfix, Bard 3DMax and other mesh systems, which failed and caused plaintiffs to require additional surgery to remove the mesh from their body.

Given similar questions of fact and law raised in the complaints, the 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 designed to help the parties gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the cases.

The first bellwether trial began in August 2021, involving a case selected by Bard, which ended in a defense verdict. However, a second case is being prepared to go before another jury on January 10, 2022.

In a case management order (PDF) issued on September 29, Judge Sargus outlined a series of key deadlines as the parties finalize preparations for the trial.

The Court has scheduled two final pretrial conferences, which will be held on November 30 and December 1, during which all trial counsel must appear. The court intends to use these conferences to resolve any remaining objections to deposition designations or exhibits. The order also sets deadlines for witness lists, deposition designations and other key events in preparation for the trial throughout the months of October and November.

It also calls for motions in limine that seek to exclude certain evidence from the trial to be filed by October 15, and responses to those motions to be submitted by October 29. The parties will submit proposed jury instructions by December 6.

Although the outcome of the case will not have any binding impact on other plaintiffs, it is being closely monitored and may impact the amount of money paid in Bard hernia mesh settlements being negotiated by the parties.