National Law Review Provides Bard Hernia Mesh Litigation Update
The National Law Review provided the legal community with an update on the ongoing Bard Hernia mesh lawsuits, which include Davol, Bard’s subsidiary, as a defendant. At the time of publication in December 2018, thousands of plaintiffs were involved in the lawsuits, many of which contain similar issues and circumstances.
Hernia mesh litigation against Bard was consolidated in Federal court in Ohio in August 2018. State court multi-district litigation commenced in Rhode Island near the end of 2017. It is unclear just how long it will take to prosecute these cases, but since they were filed relatively recently, it may be 2020 before any results emerge.
What Are The Issues in Hernia Mesh Litigation?
At the heart of these cases is polypropylene mesh, a medical device used in the surgical treatment of various types of hernias. There are multiple types of hernia mesh, manufactured and distributed by several different corporations.
The Bart hernia mesh litigation specifically deals with hernia mesh made by Bard, that reportedly has caused thousands of injuries to patients across the country. The hernia mesh named in the Bard cases include:
- Composix E/X
- Kugel Patch
The claims against Bard are that the hernia mesh caused painful injuries including perforated organs, intestinal puncture, and adhesions. Some of these injuries required extensive surgeries to repair the damages and to remove the mesh.
The plaintiffs in the Bard lawsuits allege several things including:
- that there is a design defect in the mesh that makes it a dangerous medical device
- That the manufacturer did not warn the medical community or the public of the risks associated with the mesh
- That the design defect caused injuries and death
- That the manufacturer knew or should have known about the risks
Bard Hernia Mesh Bellwether Trials Will Begin in June 2019
Bellwether trials are essentially “test cases,” and they have been scheduled in Rohde island state court for June and September 2019. Since the thousands of cases filed across the country get consolidated for pretrial purposes, a few of them are selected for bellwether trials.
Holding individual trials for each case would be costly, time-consuming, and possibly redundant. The purpose of the bellwether trials is to anticipate the outcomes that might occur in similar circumstances. Most parties tend to hope that the result is a settlement of all of the similar lawsuits. If not, individual cases may go back to their home states to be evaluated and prepped for trial.
Other Hernia Mesh Manufacturers Facing Lawsuits
Bard hernia mesh litigation is not the only defective medical device lawsuit making headlines right now. Other hernia mesh litigations are coinciding with this one. There are currently claims against Johnson & Johnson and Ethicon over Physiomesh and other products used to treat hernias. Atrium, the manufacturer of C-Qur hernia mesh materials is also the defendant in similar litigation.
Contact Us if You Had Complications Due to Hernia Mesh
You may be eligible to file a claim and collect monetary damages for your injuries. Call Alonso Krangle, LLP for a free evaluation of your hernia mesh case at 516-350-5555.