Hernia Mesh Lawsuit: A Comprehensive Overview

Both sides involved in the ongoing hernia mesh multidistrict litigation (MDL) submitted a joint case management order, requesting the court to temporarily halt all lawsuits under the MDL. The court swiftly granted this request. This move is noteworthy, as such joint submissions often suggest that a settlement is near. 

However, it’s important to note that a settlement won’t address all claims, and those who haven’t yet filed their hernia mesh lawsuits can still do so, even if the MDL concludes with a settlement.

Additionally, another case management order was filed and promptly approved by the court, outlining the terms for plaintiffs to opt out of any global settlement if they wish. This also hints at an impending settlement.

The Court also requires future cases to have attorney certification of claim accuracy and an expert report proving injuries were caused by a Bard mesh product, known as a “Lone Pine” order. This will increase the costs and burdens for new cases.

Earlier in the month, the court had denied a motion filed in the Bard MDL to seal the terms of a hernia mesh settlement with Bard. The motion had been filed by two law firms representing “several hundred” plaintiffs and Bard. 

Denying the motion, the court underscored the public’s strong right to access court records. The MDL judge stated that sealing a document requires very strong reasons, which the parties have not provided. The court had previously ruled that claims of potential prejudice are insufficient to justify sealing.

To date, some firms have reached settlements with Bard. These details remained confidential until this motion brought them to light. This development comes amid numerous rumors suggesting that a global settlement may be imminent.

The Bard Hernia Mesh litigation MDL continues to grow rapidly. In May alone, 640 new hernia mesh litigation cases were added, exceeding last month’s increase. This brings the total number of pending cases to 22,896.

At the beginning of the month, the volume of new cases in the Bard hernia mesh class action MDL was quite high. In April, 583 new cases were added, surpassing the 481 new cases from the previous month, bringing the total number of pending cases to 22,256.

Lawyers are still persistently filing Bard hernia mesh lawsuits. Recently, a resident of Puerto Rico has filed a case in the MDL, alleging that his hernia mesh device, Ventralex ST Patch, implanted in 2020, was defective.

The high volume of new lawsuits last month is partly due to the anticipation of a settlement in the Bard cases. Some law firms have reportedly already settled their inventory of Bard hernia mesh lawsuits. We are still accepting new hernia mesh surgery claims.

We estimate an average settlement amount between $60,000 and $75,000 per case, though this is speculative. We believe the hernia mesh litigation may settle for higher amounts for various reasons. If you want to bring a claim, now might be a critical time to find a lawyer.

Over the past month, the hernia mesh lawsuit MDL saw an addition of 411 new cases, bringing the total number of pending hernia mesh lawsuit cases to 21,673.

This also signifies the highest monthly influx of new hernia mesh lawsuit cases observed in the Bard MDL in the last six months.

As of late April there hasn’t been any updates on the hernia mesh MDL docket.

Hernia mesh lawsuit lawyers are optimistic that settlement will be forthcoming

The number of pending cases in the hernia mesh lawsuit MDL continues to grow. There are currently 21,262 cases, with roughly 100 new cases added last month. The hernia mesh lawsuit MDL’s large size makes a global settlement challenging.

Judge Sargus posted an entry into the docket that mediation took place on March 25.

While all parties are looking forward to a hernia mesh lawsuit settlement, there is concern that average settlements will not be in the $100,000 range. There could be some frustration for many victims in the hernia mesh lawsuits who understandably do not feel the hernia mesh settlement fairly compensates them.

Another mediation is expected to be announced soon.

Judge Sargus has mandated that the parties in the hernia mesh class action to convene on March 4 and March 5, 2024, to explore the possibility of reaching a hernia mesh settlement under the guidance of a Court-appointed mediator. Should the discussions reach an impasse, the parties are required to update the Court by May 24, 2024.

Covidien faces legal challenges, including nearly 900 hernia mesh lawsuits and a new lawsuit from Mallinckrodt creditors alleging fraudulent transfers and liabilities. In the hernia mesh lawsuit multidistrict litigation, plaintiffs’ attorneys seek expedited trials and a more efficient case management process to handle the over 20,000 pending cases against C.R. Bard.

As of December 2023, the fourth bellwether trial in the Bard hernia mesh lawsuit series is scheduled for April 8, 2024, focusing on Jacob Bryan from Florida. Bryan suffered severe complications from the Bard 3DMax hernia mesh, alleging that design flaws in the mesh led to its failure and necessitated surgical removal.

While setting a firm trial date is a positive step, the extended intervals between these trials could potentially weaken the hernia mesh plaintiffs’ leverage in settlement negotiations.

The concern is that these gaps might reduce the immediacy and pressure on the defendant to settle, allowing them more time to delay settlement decisions. However, there remains hope for a comprehensive hernia mesh settlement before the Bryan hernia mesh trial.

In a related development, Johnson & Johnson and its subsidiary Ethicon have settled 224 hernia mesh cases in a Georgia multidistrict litigation.

The settlement, which was confirmed through a joint motion and approved by U.S. District Judge Richard W. Story, came with Ethicon Inc. emphasizing that they do not accept real responsibility for the issue, stating the decision was made to avoid a prolonged legal process.

This settlement follows a similar resolution six months earlier, where the companies settled claims with 161 plaintiffs in MDL-2782, suggesting a pattern of resolving these hernia mesh cases through settlements rather than prolonged court battles.

The Bard hernia mesh lawsuits multidistrict litigation (MDL) has grown to 20,768 plaintiffs, with 400 new cases added in the last month, reflecting ongoing legal challenges against Bard.

The upcoming bellwether hernia mesh trial in January 2024 focuses on plaintiff Jacob Bryan, who suffered severe complications from Bard’s 3DMax hernia mesh used in his groin hernia repair.

The case highlights allegations against Bard for inadequate risk warnings and potential design and manufacturing defects in their hernia mesh products.

After the plaintiff concluded their arguments, the defense called Dr. Boris Pomerants, who testified that the plaintiff’s long-term pain and a past assault could have exacerbated the post-operative pain issues, offering an alternative cause for the plaintiff’s complaints.

This testimony is central to the defense’s case, which seeks to attribute the plaintiff’s injuries to pre-existing conditions and past incidents.

The next key trial in the Bard hernia mesh lawsuits multidistrict litigation, Stinson v. Davol, Inc., is scheduled to start on October 16, 2023. Another significant hernia mesh trial, Bryan v. C.R. Bard Inc., is planned for early 2024.

August 16, 2023: Despite a quiet August for the Bard hernia mesh lawsuits MDL, 191 new cases were added that month. This brings the total case count to 20,126, making it the third largest MDL in the nation.

August 10, 2023: The key 3rd bellwether trial, Stinson v. C.R. Bard, is set to start on October 16, 2023. A recent court order outlines tight deadlines for discovery, indicating the judge’s commitment to avoid further delays.

July 18, 2023: As the 3rd bellwether hernia mesh trial approaches, 228 new cases have been transferred to the Bard hernia mesh implant MDL. This increases the total pending cases to 19,935, trailing only 3M earplugs and Talcum Powder MDLs in size.

July 15, 2023: The FDA released a new guide on hernia mesh surgery this week to help doctors and patients understand the risks and benefits of hernia mesh implants. These implants have been subject to debate due to complications

June 30, 2023: The main focus of recent updates is the Stinson case, with the defense filing a motion for summary judgment. The plaintiff has until June 14, 2023, to respond.

June 16, 2023: Over the past month, 231 new lawsuits were added to the Bard hernia mesh lawsuits MDL, increasing the total to 19,707. A total of 1,480 new cases have been added since the beginning of the year.

June 1, 2023: A Rhode Island judge partially reduced a disfigurement award but left $4.55 million intact. This ruling confirms that Bard could face liabilities under Rhode Island’s laws.