Mesh Lawsuit News: Bard Hernia Mesh Update

February 10, 2021
Author: Ben Adams

While mass torts often take many years to resolve in the usual scenario, the coronavirus pandemic had led to additional delays. The Bard Hernia Mesh Multidistrict Litigation is among the many who have encountered such setbacks.

A new case management order indicates the first bellwether trial in the Bard Hernia Mesh injury litigation is set to begin April 19, 2021, almost a year after the originally scheduled date. A bellwether trial is meant to gauge juries’ reaction to of all the testimony and evidence brought forward against a bad drug or defective medical device. After a few such trials it is common for cases to settle- or not- as everyone has a good idea how the evidence looks once actually presented to a jury.

C.R. Bard currently faces thousands of product liability lawsuits in the federal court system over claims that their hernia mesh devices were defective. Users of products like the Bard Ventralight, Perfix, 3DMax, and Ventralex mesh systems, have filed suit claiming injury and loss including infections, abdominal pain, adhesions, erosion, and other complications that resulted in the need for revision surgery to remove the failed mesh product.

The Court has indicated that technology will be used in light of the pandemic. Hopefully the trial proceeds as scheduled. A good sign is that Judge Sargus has begun issuing orders on pretrial motions, called motions in limine. This helps narrow the legal issues and the witness list. There have been Orders made on 10 motions as of January 11, 2021.