Federal Bard Hernia Mesh Lawsuits May be Filed Directly in MDL

Published on October 22, 2018 by Laurie Villanueva

Hernia mesh lawsuits involving C.R. Bard, Inc.’s polypropylene implants may now be filed directly in the multidistrict litigation currently underway in the U.S. District Court, Southern District of Ohio

According to an Order issued by the Court on September 7th, direct filing will eliminate delays associated with the transfer of cases from other jurisdictions.

Directly filing is only intended to promote judicial efficiency and facilitate coordinated discovery and other pretrial proceedings.  As such, the Court reserves the right to remand any cases not resolved during the multidistrict litigation process to the appropriate jurisdiction and venue for trial.

170+ Bard Hernia Mesh Lawsuits Pending in MDL

There are currently more than 170 hernia mesh lawsuits pending in the Southern District of Ohio, all of which were filed on behalf of individuals who suffered serious injuries and complications due to allegedly defective polypropylene hernia mesh implants – including the Ventralex, Perfix, and Composix devices — marketed by C.R. Bard and its Davol, Inc. subsidiary.

Among other things, plaintiffs claim that the polypropylene used in these implants was defective and incompatible with human tissue, increasing the odds that recipients will require hernia revision surgery to treat adhesions, inflammatory reactions, and other painful and debilitating complications.  They further charge that Bard and Davol were aware of these risks, but continued to market their unreasonably dangerous hernia mesh products without adequate safety warnings.

The multidistrict litigation underway in the Southern District of Ohio was established in July, when just over 50 Bard hernia mesh lawsuits were pending in federal courts around the country. Plaintiffs who moved for centralization of the federal docket predicted that the litigation could eventually grow to include thousands of additional filings.

Ethicon, Atrium Medical Hernia Mesh Lawsuits

Bard is one of three medical device manufacturers ensnared in litigation over polypropylene hernia mesh implants.

For example, Ethicon Inc., is facing over 1,400 hernia mesh lawsuit filings involving Physiomesh Composite Flexible Composite Mesh, which was withdrawn from the global market in 2016. Federally-filed Phyisomesh lawsuits have been centralized in a multidistrict litigation now underway in the U.S. District Court, Northern District of Georgia.

Those filed in New Jersey’s state courts have been consolidated before a single judge in Atlantic County Superior Court.

Atrium Medical Corp. is named a defendant in at least 755 hernia mesh lawsuits involving its C-Qur polypropylene implants, all of which have been centralized in a multidistrict litigation now underway in the U.S. District Court, District of New Hampshire.

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