Bard Hernia Mesh Lawsuits: Federal MDL Continues Prepping for 1st Bellwether Trials

Published on November 18, 2019 by Sandy Liebhard

The multidistrict litigation established for all federally filed hernia mesh lawsuit involving polypropylene implants manufactured by C.R. Bard, Inc. and its Davol, Inc. subsidiary continues to prepare for the proceeding’s first bellwether trials.

Over 3,500 Bard Hernia Mesh Lawsuits Pending in MDL

According to documents pending in the U.S. District Court, Southern District of Ohio, the multidistrict litigation has grown to include more than 3,500 cases. All of the lawsuits were filed on behalf of individuals who experienced hernia recurrence and other debilitating complications due to the allegedly defective nature of Bard and Davol’s polypropylene mesh implants, including: Composix E/X Mesh, Ventralex Hernia Mesh, Composix Mesh, Kugel Hernia Patch, CK Parastomal Patch, and the Modified Kugel Patch.

The Court intends to convene a series of three bellwether trials in May, July, and September of 2020, and had already established a small pool of hernia mesh lawsuits for bellwether discovery.

According to a Case Management Order dated November 5^th, six lawsuits – three chosen by plaintiff’s counsel and three chosen by defendants – have already undergone pretrial discovery. The Court will make the final selections from this group following breifings from the parties, which must be simultaneously submitted no later

The parties’ responses to each other’s briefs are to be must be simultaneously submitted no later than 5:00 p.m. on January 8^th.

First Bard Hernia Mesh Trial to Begin on May 11, 2020

On January 10^th, the Court will convene an in-person status conference to discuss the bellwether case selections, with the final selections to be made that same day.

The parties must then file any dispositive motions and Daubert challenges to the admissibility of expert testimony by January 17, 2020, with oral arguments to be scheduled at a later date.

The three bellwether trials are scheduled to begin on May 11, July 13 and September 14, 2020.  Though the verdicts in these cases will likely provide some insight into how other juries might decide similar hernia mesh lawsuits involving Bard’s polypropylene implants, they will not be binding on any other claims pending in the multidistrict litigation.

If the parties are unable to reach a global settlement that resolves all pending cases, the Court may begin remanding the remaining hernia mesh lawsuits to their home jurisdictions for individual trials.