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January 2, 2020

First Hernia Mesh Injury Trial in Bard MDL Set for May 2020

Bellwether Trial To Address Injuries Caused by Defective Bard Hernia Mesh

The judge presiding over all U.S. Bard hernia mesh injury lawsuits recently scheduled the first bellwether trial in the litigation for May 11, 2020. With thousands of injury lawsuits pending against C.R. Bard over their medical mesh products, parties will be closely watching this initial trial to see how juries will react to evidence brought forth by both plaintiffs and defendants in hopes of reaching a settlement.

Over 4,500 product liability lawsuits have been filed against Bard for their polypropylene mesh products frequently used in hernia mesh repair surgeries. Each of these claims raise similar complaints that Bard’s hernia mesh products contain dangerous design flaws causing the mesh to buckle, fail, and injure patients with the mesh.

Allegedly, mesh complications caused hernia repair patients to need invasive and painful revision surgeries to remove failed meshes. Specific Bard brands named in these lawsuits include Bard Composix, Bard Perfix, Bard Ventralex, and other polypropylene meshes sold by Bard in recent years.

The nearly 5,000 Bard hernia mesh injury claims were centralized as part of a multidistrict litigation (MDL) in order to most efficiently resolve the lawsuits, which raise similar questions of fact and law. U.S. District Judge Edmund A. Sargus Jr. was selected to preside over these cases in the Southern District of Ohio Eastern Division and since established a bellwether process to address claims. As part of the bellwether trial process, three representative claims will be heard by juries throughout 2020 so parties can work towards a possible settlement to the Bard litigation.

On December 12, Judge Sargus filed a court order announcing the May 11, 2020 trial date, which will be the first bellwether trial in the Bard litigation. The following two bellwether trial dates will be held in July and September 2020, the specific dates to be determined.


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