Bard 3dmax mesh

3DMax Mesh Lawsuit
Injured By A 3DMax Mesh Device?

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Inguinal Hernia and Bard 3DMax Mesh Implant
Certain types of hernia mesh – notably, the Bard Davol 3DMax – are used especially or exclusively for the treatment of inguinal hernias.

Because inguinal hernias occur in a sensitive area, and because the mesh that is often implanted during hernia surgery is therefore also implanted in a sensitive area, men who receive hernia meshes for their inguinal hernias are at risk for some unpleasant side effects.

Bard 3DMax Mesh Side Effects
Unfortunately, the sex lives of many men have been negatively impacted by the surgical implantation of the Bard Davol 3DMax hernia mesh. This particular hernia mesh has been linked not only to severe pain, but to sexual dysfunction and testicular pain.

There’s plenty of evidence that the Bard Davol 3DMax is connected with the kinds of hernia-surgery side effects that no man wants to experience.

The 3DMax is a relatively heavy-duty hernia mesh device; the 3DMax Light, less so. Both of them have been linked to severe, debilitating pain in patients in whom they’ve been implanted.

The 3DMax is so heavy-duty, in fact, that it has been known to eat away at the soft tissue in the groin and “melt into” the spermatic cord, a vessel that connects to the testicles. Once the Bard Davol 3DMax hernia mesh deteriorates into the spermatic cord, men in whom it has been implanted can experience testicular pain and severe sexual dysfunction.

That’s not what you bargained for when you had your hernia surgery.

But the problems get worse from there.

Bard 3DMax - Health Risks
If the 3DMax dissolves into the spermatic cord, the surgery required to extricate the device can involve the removal of one or both testicles.

That’s a risk that no one should have to take when undergoing a relatively straightforward procedure like a hernia surgery. The cost is far, far too high.

The “sealed” edge of the 3DMax hernia mesh has an unfortunate tendency to tear, and those rough edges can increase the likelihood of post-surgical complications.

More than that, the 3DMax hernia mesh has another unfortunate tendency: it is prone to shrinkage, deformation, and migration. That’s right – it often detaches itself from the surgical site and travels to other locations inside the body.

Bard 3DMax Mesh - Conclusion
The attorneys at TheLawFirm.com believe that the Bard Davol 3DMax hernia mesh is one of the most poorly designed, most potentially dangerous hernia mesh products on the market. If you’ve had a 3DMax surgically implanted, we believe you may be entitled to significant financial compensation – and we want to help you get it.

Hernia mesh lawsuit update: Jury Finds for Defense on All Counts in Davol / Bard Mesh Bellwether

September 20, 2021
Author: Daniel Gala

Following a 22-day trial, jurors have found for the defendant medical device maker C.R. Bard in a closely watched bellwether trial over an allegedly defective hernia mesh implant. The bellwether was part of multidistrict litigation (MDL) involving an array of mesh devices made by C.R. Bard and Davol, Inc.

The jury returned the verdict on September 8 after only three hours of deliberations, court records show.

Plaintiff Steven Johns sued CR Bard. sued C.R. Bard over the company’s Ventralight ST mesh patch, which Johns had surgically implanted in August 2015 and was forced to have surgically removed just over a year later in October 2016 due to severe complications.

However, after the multi-week trial, jurors declined to find in favor of the plaintiff Mr. Johns on any of his claims, which included: negligence – failure to warn; negligence – design defect; strict products liability – failure to warn; strict products liability – design defect; breach of express warranty; fraud; and negligent misrepresentation.

It is as yet unclear what the verdict will mean for the more than 14,000 other cases pending in the Davol / Bard MDL. Beyond resolving the individual case at issue, bellwether trials are intended to inform settlement negotiations for similar cases by testing the claims before a jury.

As of September 15, the Davol / Bard MDL had 14,087 actions pending, making it the third largest active MDL in the United States.

These thousands of plaintiffs allege that Davol and C.R. Bard designed and manufactured defective mesh devices and then failed to warn patients and doctors about known risks associated with these devices. Often, patients suffered such severe complications following surgical implantation of these devices that they were forced to undergo an additional procedure—known as revision surgery—to have the offending devices removed. However, in many cases, plaintiffs claim to have suffered permanent injuries, including chronic pain, as a result of the surgical mesh.

If you have been forced to undergo revision surgery after receiving a surgical mesh implant, contact TheLawFirm.com today for a free consultation!

Sources:

United States District Court District of Utah. (3 October 2018). Complaint and Jury Demand. Case No. 2:18-cv-01509. Steven Johns v. CR Bard Inc. et al.

United States District Court Southern District of Ohio Eastern Division. (8 September 2021). Jury Verdict. Case No. 2:18-cv-01509. MDL 2846. In Re: Davol, Inc. / C.R. Bard, Inc. Polypropylene Hernia Mesh Products Liability Litigation

United States Judicial Panel on Multidistrict Litigation (JPML). (15 September 2021). MDL Statistics Report – Distribution of Pending MDL Dockets by Actions Pending

Hernia mesh lawsuit update: First Davol / Bard Mesh MDL Bellwether Trial Continues into September

September 2, 2021
Author: Daniel Gala

The long-awaited first bellwether trial in multidistrict litigation (MDL) over mesh implants made by CR Bard and Davol has continued into its second calendar month.

On August 31, day 18 of the trial adjourned with attorneys for the defendant medical-device makers having yet to rest their case, and the proceedings recommenced the morning of September 1, court documents show.

With 13,767 actions pending, the Davol / Bard MDL was the third largest active MDL in the United States as of August 13, according to statistics published by the Judicial Panel on Multidistrict Litigation (JPML).

Based in the Southern District of Ohio, the Davol / Bard MDL has centralized federal cases brought by plaintiffs alleging that mesh implants designed and sold by the defendant companies were defectively designed and manufactured.

The first bellwether trial involves the case of plaintiff Steven Johns, who alleges he suffered pain and a recurrence of a hernia due to the defective design and/or manufacture of Bard’s Ventralight ST mesh patch, which Johns had implanted in August 2015 as part of hernia-repair surgery. Experiencing pain following the procedure, Johns had additional surgery to remove the Ventralight ST just over one year later, in October 2016, his lawsuit says.

“Prior [to] August 2015, Defendants knew, or should have known, based on reports received from general surgeons around the U.S., that the Ventralight ST hernia mesh patch was defective and likely to fail,” alleges Johns’ civil complaint, originally filed in Utah in 2018. “Defendants concealed this adverse information and continued to represent to Plaintiff, his healthcare providers, and the public that the Ventralight ST hernia mesh patch was a safe, effective medical device with a low failure rate.”

Though the trial is still ongoing, the parties already are filing competing briefs over potential damages, should the jury find in favor of the plaintiff. On August 30, attorneys for the plaintiff Johns submitted to the court a brief arguing in favor of a wide scope for determining appropriate punitive damages to be levied against the defendants, should they be found liable.

Specifically, counsel for plaintiff contends that lawyers for the defendant medical-device maker should not prevented from presenting to the jury dollar figures relating to the company’s mesh-only sales. Rather, the plaintiff argues, the parties should only be permitted to discuss figures related to the defendant’s revenues for the entire company.

“The relative wealth of Defendant C.R. Bard, Inc. (‘Bard’) is the proper consideration for determining an award of punitive damages under well-established Utah law,” the plaintiff’s brief states. “Bard’s hernia mesh sales numbers are neither relevant nor helpful to the jury in determining punitive damages. Permitting Defendants to discuss mesh sales numbers would confuse and mislead the jury and waste valuable trial time.”

A lot still must happen before the jury has an opportunity to determine damages, if that should come to pass at all. First, the defense must close its portion of the trial, at which point the plaintiff is allowed a rebuttal. Following that, the parties conduct closing arguments, and only then does the case go to the jury.

With nearly 14,000 cases in the Bard / Davol MDL, a lot of eyes remain on this single case.

If you have undergone revision surgery to remove a mesh implant, contact TheLawFirm.com today for a free consultation!

Sources:

United States District Court Southern District of Ohio. (31 August 2021). Minute Entry. Case No. 2:18-cv-01509. Steven Johns v CR Bard Inc., et al

United States Judicial Panel on Multidistrict Litigation (JPML). (13 August 2021). MDL Statistics Report – Distribution of Pending MDL Dockets by Actions Pending

United States District Court District of Utah. (3 October 2018). Complaint and Jury Demand. Case No. 2:18-cv-01509. Steven Johns v. CR Bard Inc. et al

United States District Court Southern District of Ohio. (30 August 2021). Plaintiff’s Brief on the Scope of Punitive Damages. Case No. 2:18-cv-01509. Steven Johns v. CR Bard Inc. et al

Hernia mesh lawsuit update: First Bellwether Underway in Bard / Davol Mesh MDL

August 9, 2021
Author: Daniel Gala

The long-awaited first bellwether trial in multidistrict litigation (MDL) over hernia mesh implants made by Davol, Inc. and C.R. Bard got underway as scheduled Monday, August 2, with prospective jurors sworn in at 9 am and jury selection taking up most of the first day, court documents show.

With jury selection concluding at 3 pm on Monday, opening statements were delivered the following day, beginning at 9 am Tuesday. Presentation of the plaintiff’s case commenced that afternoon with the calling of the first witness via video, and the plaintiff called several additional witnesses over the course of the following days.

At 4:30 pm on Thursday, August 5, the court adjourned until Monday, August 9. As of the close of court on Thursday, the plaintiff had not yet concluded presenting his case.

The plaintiff in the highly anticipated trial is Steven Johns, who had a Ventralight ST Mesh device implanted in August 2015 in an effort to repair a vernal hernia. According to Johns’ lawsuit, the resulting complications caused pain so severe that he was forced to undergo revision surgery to have the device removed just over a year later, in October 2016.

In 2018, Johns sued on eight different causes of action, including manufacturing defect and design defect.

“Defendants’ Ventralight ST hernia mesh patch was defectively designed and/or manufactured, was not reasonably safe for its intended use in hernia repair, and the risks of the design outweighed any potential benefits associated with the design,” his lawsuit alleged.

As of July 15, the Bard / Davol hernia mesh MDL included 13,629 pending cases, making it the third largest active MDL in the United States, according to the Judicial Panel on Multidistrict Litigation (JPML).

Sources:

United States District Court Southern District of Ohio. (2 August 2021). Minute Entry Jury Trial Day 1. Case No. 2:18-cv-1509. Steven Johns v. CR Bard Inc, et al

United States District Court District of Utah. (3 October 2018). Complaint and Jury Demand. Steven Johns vs. C.R. Bard, Inc., and Davol, Inc. Case No. 2:18-cv-01509

United States District Court Southern District of Ohio. (5 August 2021). Minute Entry Jury Trial Day 4. Case No. 2:18-cv-1509. Steven Johns v. CR Bard Inc, et al

United States Judicial Panel on Multidistrict Litigation (JPML). (15 July 2021). MDL Statistics Report – Distribution of Pending MDL Dockets by Actions Pending

Hernia mesh lawsuit update: Davol / Bard Hernia Mesh MDL Gears Up for Aug 2 Bellwether

July 21, 2021
Author: Daniel Gala

The court and parties involved in multidistrict litigation (MDL) over hernia mesh made by Davol, Inc. and C.R. Bard are rushing to meet the August 2 start date of the MDL’s long-awaited first bellwether trial, with a number of motions still outstanding. Specifically, the parties continue to tussle over the admissibility of certain testimony by expert witnesses.

The first bellwether trial will decide the case of plaintiff Steven Johns, who, according to his lawsuit, had a Ventralight ST Mesh device surgically implanted during ventral hernia repair in August 2015. Suffering significant complications including severe pain, Johns was forced to undergo revision surgery just over one year later, in October 2016.

Johns claims that the defendant medical-device makers knew that the Ventralight ST was defective but failed to warn patients or their physicians, instead continuing to push the device through aggressive and misleading sales tactics.

“On numerous occasions, Defendants met with surgeons throughout the United States to promote the Ventralight ST mesh,” Johns’ lawsuit alleges. “At all of these meetings, Defendants assured the surgeons, that the Ventralight ST mesh was safe, was the best product on the market, and had an excellent track record and a low and acceptable failure rate. Defendant continued to ‘defend’ the Ventralight ST mesh even after they became aware of numerous and serious complications with the Ventralight ST mesh. Defendants did not reveal (and instead concealed) their knowledge of numerous and serious complications and other ‘bad data’ during their meetings with surgeons.”

With more than 13,600 active cases as of mid-July, the Bard/Davol remains one of the largest ongoing MDLs in the US, according to the Judicial Panel on Multidistrict Litigation (JPML).

This means that the outcome of the long-anticipated first bellwether trial could have a large influence on settlement negotiations for thousands of different plaintiffs.

Sources:

United States District Court Southern District of Ohio Eastern Division. (19 July 2021). Defendants C.R. Bard, Inc. and Davol Inc.’s Reply in Support of Their Motion to Strike New Opinions Proffered by Plaintiffs’ Substitute FDA Expert, Michael G. Beatrice, Ph.D. In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation. Case No. 2:18-md-2846

United States District Court District of Utah. (3 October 2018). Complaint and Jury Demand. Steven Johns vs. C.R. Bard, Inc., and Davol, Inc. Case No. 2:18-cv-01509

United States Judicial Panel on Multidistrict Litigation (JPML). (15 July 2021). MDL Statistics Report – Distribution of Pending MDL Dockets by Actions Pending. MDL Statistics Report

Hernia mesh lawsuit update: Court Order Gives Glimpse into First Bard / Davol Hernia Mesh Bellwether

June 9, 2021
Author: Daniel Gala

On June 4, the court in multidistrict litigation (MDL) over hernia mesh made by C.R. Bard and Davol issued a discovery order ruling that plaintiffs must hand over notes and score sheets prepared by one of its experts in his review of defense experts’ findings.

However, the detailed order and opinion issued by US District Judge Edmund A. Sargus, Jr. and US Magistrate Judge Kimberly A. Jolson also was notable in the details it provided about the MDL’s highly anticipated first bellwether trial, currently slated to begin in August 2021.

As of May 17, the MDL included more than 12,000 cases filed by plaintiffs alleging that over a dozen different types of hernia mesh implants were defectively designed and/or manufactured by Bard and Davol, making it one of the top-five largest active MDLs in the United States, according to the Judicial Panel on Multidistrict Litigation (JPML), the judicial body responsible for establishing and overseeing multidistrict litigation.

The first bellwether case was selected out of those thousands of cases to be the first tried in the MDL. Bellwether trials are conducted as a kind of test case to help inform broader settlement discussions between plaintiffs and defendants.

Although the Bard / Davol MDL involves numerous different types of hernia mesh, the first bellwether trial involves Ventralight ST, which the court identifies as “a prescription medical device used for hernia repairs” that was cleared by the US Food and Drug Administration (FDA) in 2010.

“[The Ventralight ST] is a multicomponent device made of a mesh, which consists of polypropylene, polyglycolic acid fibers, and a bioresorbable hydrogel barrier called ‘Sepra Technology’ (‘ST’),” the June 4 order explains by way of background. “The ST-coated side of the mesh is placed against organs, such as the bowels, while the uncoated polypropylene side is placed against the fascia because the uncoated side maximizes tissue attachment and thus supports the hernia repair.”

The plaintiff in the first bellwether case alleges that, following surgical implantation of the hernia mesh device in 2015, he suffered serious complications as a result of the Ventralight ST’s defective design. In particular, he claims to have experienced omental adhesions as a result of the implant.

“Plaintiff claims that Defendants knew that polypropylene is unsuitable for permanent implantation in the human body,” the court order states. “The crux of Plaintiff’s claims is that the ST coating on the Ventralight ST resorbs too quickly. This leads to the exposure of bare polypropylene to internal organs and tissues, increasing the risk of potential complications.”

The first bellwether trial will involve a number of claims, including design defect and failure to warn. The plaintiff is seeking punitive damages.

Beyond the Bard / Davol MDL, tens of thousands of plaintiffs nationwide have sued the makers of surgical mesh implants, alleging that the devices have been defectively designed and/or manufactured, leading to serious, and in some cases life-altering, complications.

If you have been forced to undergo revision surgery to repair or replace a mesh implant, contact TheLawFirm.com today for a free legal consultation. You might be entitled to compensation!

Sources:

United States District Court Southern District of Ohio Eastern Division. (4 June 2021). Opinion and Order Granting Defendants’ Motion to Compel Production (ECF No. 423) and Denying as Moot Defendants’ Motion to Strike Dr. Nagy (ECF No. 26). Case No. 2:18-md-2846. In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

United States Judicial Panel on Multidistrict Litigation (JPML). (17 May 2021). MDL Statistics Report – Distribution of Pending MDL Dockets by Actions Pending. MDL Statistics Report

Hernia mesh lawsuit update: Bard / Davol MDL Passes 12,500 Cases, Making It 4th Largest in US

May 19, 2021
Author: Daniel Gala

Bard / Davol MDL Passes 12,500 Cases, Making It 4th Largest in US Massive multidistrict litigation (MDL) over allegedly defective hernia mesh products designed and made by CR Bard and Davol has passed 12,500 cases, with the total number of cases reaching 12,535 as of May 17, according to the Judicial Panel on Multidistrict Litigation (JPML).

That total number of active cases makes the Bard / Davol hernia mesh MDL the fourth largest MDL presently pending in the United States, JPML statistics say.

These thousands of plaintiffs claim that they have suffered serious injury due to problems with the defendant companies' hernia mesh devices. The MDL, based in the Southern District of Ohio, involves claims based on nearly two dozen different hernia mesh products, according to the short form complaint. (See below for full list.)

The short form complaint also includes a total of 17 counts, though all counts are not applicable to all cases. The counts include defective design, failure to warn, manufacturing defect, negligence, negligent infliction of emotional distress, and even, where applicable, wrongful death, among others.

After a number of delays, the Bard / Davol MDL continues to make its way toward the first bellwether trial, which is currently slated to begin in August 2021. The parties and the court were scheduled to have held a case management conference on May 18 at which they were to discuss jury instructions, as well as other matters, according to an order issued April 20.

The defendants' hernia mesh products are alleged to have caused a number of gruesome and painful injuries in plaintiffs, including "adhesions, damage to organs, inflammatory and allergic responses, foreign body rejection, migration of the mesh, and infections," according to the JPML order that established the MDL. Many plaintiffs have been forced to undergo additional surgeries in an attempt to remedy complications allegedly caused by the defendants' hernia mesh.

The following devices are included in the Bard / Davol hernia mesh MDL:
• 3DMax Mesh
• 3DMax Light Mesh
• Bard (Marlex) Mesh Dart
• Bard Mesh
• Bard Soft Mesh
• Composix
• Composix E/X
• Composix Kugel Hernia Patch
• Composix L/P
• Kugel Hernia Patch
• Marlex
• Modified Kugel Hernia Patch
• Perfix Light Plug
• Perfix Plug
• Sepramesh IP
• Sperma-Tex
• Ventralex Hernia Patch
• Ventralex ST Patch
• Ventralight ST
• Ventrio Patch
• Ventrio ST
• Visilex
(Source: Short Form Complaint)

Sources:

United States Judicial Panel on Multidistrict Litigation (JPML). (17 May 2019). MDL Statistics Report - Distribution of Pending MDL Dockets by Actions Pending

United States District Court Southern District of Ohio Eastern Division. (19 May 2021). Docket for Case No. #2:18-md-2846. MDL No. 2846. In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

United States District Court Southern District of Ohio Eastern Division. (19 May 2021). Short Form Complaint. Case No. 2:21-cv-02617. MDL No. 2846. In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

United States District Court Southern District of Ohio Eastern Division. (20 April 2021). Order. Case No. 2:18-md-2846. In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

United States Judicial Panel on Multidistrict Litigation (JPML). (6 August 2018). Transfer Order. Case No. 2:18-md-02846-EAS-KAJ. MDL No. 2846. In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

Hernia mesh lawsuit update: First Bellwether in Bard / Davol Hernia Mesh MDL Postponed Again to August 2021

May 6, 2021
Author: Daniel Gala

Following more than a year of delays due to the COVID-19 pandemic, the first bellwether trial in multidistrict litigation (MDL) over polypropylene hernia mesh made by Bard and Davol has been postponed yet again, from April 2021 until August, pursuant to a court order issued March 9.

Although the first bellwether case was selected all the way back in January 2020, like many mass tort actions, the Bard / Davol polypropylene hernia mesh MDL has experienced significant delays due to COVID-19. However, in good news for plaintiffs seeking justice for injuries suffered due to defectively designed and misleadingly marketed medical devices, many such actions are currently recommencing, with courts reopening and a growing number of proceedings being conducted remotely via video conference.

Unfortunately, that does not mean that some delays will not continue, or that restarting such massive litigation won't involve some fits and starts. As evidence, look no further than the Bard / Davol hernia mesh MDL. As recently as November 2020, the court had tentatively scheduled the first bellwether trial for April 19, 2021 , after, just one month earlier, setting the start date as January 7.

Thus, any scheduled start dates are to be taken with a grain of salt. But that doesn't mean the litigation is not making progress, as slow as that progress sometimes may seem.

Plaintiffs in the Bard / Davol MDL allege that the defendants' polypropylene hernia mesh products contain defects that in some instances have caused gruesome, life-altering injuries in patients. The complications allegedly caused by the defendant companies' devices include "adhesions, damage to organs, inflammatory and allergic responses, foreign body rejection, migration of the mesh, and infections," according to the MDL Transfer Order.

In addition to setting the start date for August 2 (at least for now), the March 9 scheduling order also establishes a number of other important deadlines in preparation for the MDL's first trial. For example, the parties are to exchange proposed questions to be used in jury selection by June 11, and those proposed questions must be submitted to the court by June 21. Proposed jury instructions also must be exchanged between the parties by June 11 and submitted to the court by June 21.

Two pretrial conferences presently are scheduled to take place in July.

Bellwether trials are meant to act as a sort of proxy for the many cases within an MDL. Because a single MDL can involve thousands if not tens of thousands of individual cases, the parties along with the court select a handful of so-called "bellwether" cases which will be tried in bellwether trials. The outcome of these trials then will inform settlement negotiations between the MDL's plaintiffs and defendants.

Formed in 2018, the Bard / Davol polypropylene hernia mesh MDL is based in the US District Court for the Southern District of Ohio, Eastern Division.

If you or a loved one has suffered serious injury after receiving a hernia mesh implant, contact TheLawFirm.com now for a free legal consultation!

Sources:

United States District Court Southern District of Ohio Eastern Division. (9 March 2021). Case Management Order No. 23-E Pretrial and Trial Schedule for First Bellwether Trial Case. Case No. 2:18-md-2846. MDL No. 2846. In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability

United States District Court Southern District of Ohio Eastern Division. (23 November 2020). Case Management Order No. 23-D Pretrial and Trial Schedule for First Bellwether Trial Case. Case No. 2:18-md-2846. MDL No. 2846.In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

United States District Court Southern District of Ohio Eastern Division. (14 October 2020). Case Management Order No. 23-C Pretrial and Trial Schedule for First Bellwether Trial Case. Case No. 2:18-md-2846. MDL No. 2846.In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability United States Judicial Panel on Multidistrict Litigation (JPML). (6 August 2018). Transfer Order. Case No. 2:18-md-02846-EAS-KAJ. MDL No. 2846. In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability

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Legal Disclaimer: The information in this article is not intended to be used as medical information or diagnosis. The sources of the information presented in the article have been researched and are linked within the article. Please seek out medical advice from a licensed medical professional if you are experiencing a problem with any of the drugs or devices mentioned in this article.