Bard 3dmax mesh

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

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Are You Injured After A 3DMax Mesh Implant?
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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: 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.