C.R. Bard is a medical device company that manufactures hernia mesh implants. In recent years, Bard has been the subject of numerous lawsuits alleging that its hernia mesh products are defective and have caused serious injuries to patients.
In 2021, there were several significant developments in the Bard hernia mesh litigation. In August, a jury in the first Bard hernia mesh bellwether trial returned a verdict in favor of the defense. However, in April 2022, a jury in the second Bard hernia mesh bellwether trial returned a verdict in favor of the plaintiff, awarding him $255,000 in damages.
What is a bellwether trial?
A bellwether trial is a trial that is selected to be representative of a larger group of cases. In mass tort litigation, bellwether trials are often used to help the parties gauge the strength of their cases and to encourage settlement negotiations.
What are the allegations against Bard?
Plaintiffs in the Bard hernia mesh lawsuits allege that the company’s hernia mesh products are defective and have caused them to suffer serious injuries, including:
- Chronic pain
- Infection
- Hernia recurrence
- Mesh erosion
- Organ perforation
- Death
What is the status of the Bard hernia mesh litigation?
As of August 2023, there are over 18,000 Bard hernia mesh lawsuits pending in federal court. The cases have been consolidated into a multidistrict litigation (MDL) proceeding in the Southern District of Ohio.
The MDL judge has scheduled a third bellwether trial for October 16, 2023. The outcome of this trial could have a significant impact on the future of the Bard hernia mesh litigation.
What are the potential outcomes of the Bard hernia mesh litigation?
The outcome of the Bard hernia mesh litigation could include:
- A global settlement between Bard and the plaintiffs
- Individual settlements between Bard and some or all of the plaintiffs
- A trial verdict in favor of the plaintiffs
- A trial verdict in favor of Bard
If the litigation goes to trial, the jury will decide whether Bard is liable for the plaintiffs’ injuries and, if so, how much damages to award.
What should Bard hernia mesh patients do?
If you have been implanted with a Bard hernia mesh and are experiencing any problems, you should see a doctor right away. You should also contact a lawyer to discuss your legal options.
Conclusion
The Bard hernia mesh litigation is ongoing, and it is too early to say what the ultimate outcome will be. However, the results of the first two bellwether trials suggest that plaintiffs have a strong case against Bard.
FAQs
Q: What is a hernia mesh implant?
A: A hernia mesh implant is a medical device that is used to repair a hernia. Hernias occur when an organ or tissue pushes through a weakened area of muscle or connective tissue.
Q: What are the risks of hernia mesh surgery?
A: Like any surgery, hernia mesh surgery carries some risks, including:
- Infection
- Bleeding
- Pain
- Mesh failure
- Organ damage
Q: What are the symptoms of hernia mesh complications?
A: Symptoms of hernia mesh complications can include:
- Pain
- Swelling
- Redness
- Infection
- Hernia recurrence
Q: What should I do if I have been implanted with a Bard hernia mesh and am experiencing complications?
A: If you have been implanted with a Bard hernia mesh and are experiencing any problems, you should see a doctor right away. You should also contact a lawyer to discuss your legal options.
Q: Is there a class action lawsuit against Bard for its hernia mesh products?
A: No, there is not currently a class action lawsuit against Bard for its hernia mesh products. However, there are thousands of individual lawsuits pending against Bard.
Q: What is the statute of limitations for a Bard hernia mesh lawsuit?
A: The statute of limitations for a Bard hernia mesh lawsuit varies from state to state. However, most states have a statute of limitations of two to three years from the date of injury.
References:
- [Bard Hernia Mesh Lawsuit MDL