April 8, 2019

Bard Hernia Mesh Litigations Quickly Approach Bellwether Trials

Bard Hernia Mesh Litigations Quickly Approach Bellwether Trials

Thousands of patients across the U.S. have filed personal injury claims against Bard and its corporate subsidiary, Davol. Patients claim that C. R. Bard’s polypropylene hernia mesh implants caused their severe and painful injuries. Despite the intensive preparation required to tackle these Bard hernia mesh trials, the process is moving along swiftly for the Southern District of Ohio’s federal Multidistrict Litigation. Likewise, Rhode Island’s litigation continues to move forward steadily.

Justice for patients allegedly injured by Bard's hernia mesh implants may be coming soon if the litigations keep progressing at the rapid rate they have been over the last few months.

Both of these litigations are relatively new; Rhode Island’s state court litigation formed in late 2017 and Ohio’s in August 2018. Both are expected to continue for the duration of 2019 and, perhaps, longer into 2020.

Fortunately, both states wasted no time in jumping on the issue. Rhode Island already scheduled two hernia mesh trials in 2019---one in June and the other in September---and the Southern District of Ohio’s MDL is currently in the discovery stage of their bellwether pool.

These beginning trials are known as bellwether trials, trials meant to “test the waters” of the situation to help predict the outcome of similar future cases. Since there are thousands of these cases filed across the United States, lawsuits get consolidated then reselected from a smaller group of similar cases to be tried first. The goal is to reach an eventual global settlement between the two parties, but if no settlement is reached, cases may be remanded and worked up for trial in the plaintiff's home state.

As such, Ohio’s MDL currently has twelve cases in the bellwether pool to be prepared for trial, which will soon be narrowed down to six cases after the discovery stage. The Southern District of Ohio’s MDL trials are anticipated for May, July, and September of 2020.

Bard’s litigation proceeds alongside of other hernia mesh product litigations across the country, including Johnson & Johnson and Ethcon’s Physiomesh and Atrium’s C-Qur and Proloop product lines. Potentially, if the Bard litigation moves quickly enough through these trials, they could establish precedence for other hernia mesh cases across the country and move them forward, as well.


If you or a loved one is concerned about injuries and complications caused by a polypropylene hernia mesh implant, we are here to assist you through this trying time.

Litigations across the country are calling out faulty Bard hernia mesh implants, including PerFix, 3DMax, Marlex, Kugel, Composix, Ventralex, Ventrio, Sepramesh, and Ventralight. Other companies like Johson & Johnson and Ethicon, Atrium, and Covidien are facing similar litigations for their hernia mesh implant products, as well.

AVA Law Group, Inc. wants to assist you in reaching the attentive and qualified legal assistance to fit your needs so you can focus on healing. Contact AVA Law Group, Inc. today to fill out your free case evaluation and talk with one of our live representatives.

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