Articles Posted in Hernia Mesh

Currently, thousands of hernia mesh lawsuits are pending in courts across the country. Our hernia mesh lawyers are handling these cases in all 50 states. This page

  1. Discusses this litigation
  2. Provides the latest June 2024 updates and the latest hernia mesh MDL-2846 news and

C.R. Bard is defending over 18,000 hernia mesh lawsuits alleging that its mesh devices were defective, resulting in injuries and complications for thousands of hernia surgery patients. Our hernia mesh lawyers are handling these claims in all 50 states.

This post will provide news and updates on the hernia mesh lawsuit against C.R. Bard and the current status of the Bard hernia mesh class-action MDL after the $4.8 million C.R. Bard verdict in Rhode Island state court and the $500,000 verdict in November 2023 in Stinson. The plaintiffs getting another landmark verdict now will hopefully have a meaningful impact on victims’ settlement payouts in the hernia mesh litigation.

These claims are moving toward settlement in May 2024. Some firms have reached settlement agreements with Bard.  Others have not.  We are still taking new claims.

Thousands of hernia mesh injury lawsuits have been filed across the country alleging that design defects in various mesh products caused post-surgical complications, resulting in significant injuries. The hernia mesh lawsuits have been consolidated into multiple class action MDLs against the different mesh manufacturers, and cases are still being filed.

This post will briefly examine how the hernia mesh lawsuits have unfolded and discuss the latest developments in this continuing mass tort as we get into 2023.

October 2023 Update

In this post, we will provide a status update on what’s happening in the Atrium C-Qur hernia mesh litigation.

The Atrium hernia mesh MDL (Atrium Medical Corp. C-Qur Mesh Products Liability Litigation 16-md-2753) has over 2,500 cases consolidated in the U.S. District Court for New Hampshire. This is the smallest of the three hernia mesh MDLs that are currently pending around the country.

As of September 2022, the number lawsuits pending in the Atrium hernia mesh class action(the smallest of the big 3 hernia mesh MDLs) increased by 17 over the last monthly period (August 15 to September 15). This brings the total number of pending cases up to 3,308.

Last week, the 2nd bellwether test trial in the C.R. Bard hernia mesh MDL ended in a verdict for the plaintiffs awarding total damages of $255,000. This verdict marked a solid victory for the hernia mesh plaintiffs and helped reaffirm the course of the litigation after the 1st bellwether trial resulted in a defense verdict last month. There are still over 16,000 additional plaintiffs with hernia mesh lawsuits pending in the MDL. Two additional cases had previously been selected for bellwether trials but the schedule moving forward is very uncertain.

Background on the C.R. Bard Hernia Mesh Lawsuits

C.R. Bard (now a subsidiary of Beckton-Dickinson) was one of the leading manufacturers of hernia mesh patches and screens. A hernia mesh is essentially a very small synthetic screen material that doctors implant inside the body during hernia repair surgery. The screen helps to strengthen and reinforce the surgically repaired tissue.

Thousands of product liability lawsuits have been filed in recent years involving defective hernia mesh implants made by several different companies. These hernia mesh lawsuits allege that mesh implants used in hernia repair surgeries were defective and caused patients to suffer major complications. The ongoing hernia mesh litigation involves numerous different mesh products from various companies that have been consolidated into 3 separate mass tort MDLs:

Surgimesh is a new type of hernia mesh implant made from non-woven polypropylene microfibers. The use of individual fibers of polypropylene was intended to make the Surgimesh smaller than other hernia mesh products and less prone to biocompatibility problems and other post-surgery complications. The design of the Surgimesh is therefore distinct from the design of many other hernia mesh devices that have generated thousands of product liability lawsuits in recent years (e.g., Ethicon Physiomesh, Atrium C-Qur, etc.).

A recently filed product liability lawsuit in New Mexico alleges that the Surgimesh has the same dangerous design flaws as the other polypropylene hernia mesh implants. This new Surgimesh lawsuit could potentially be the first of many and open a new front in the hernia mesh mass tort ligation.

About Surgimesh

C.R. Bard is currently defending over 8,000 hernia mesh lawsuits consolidated in a “class action” MDL in Ohio. After years of discovery, the first bellwether test trial (a case hand-picked by the defense) resulted in a loss for the plaintiffs earlier this year. The second test trial, which promises to be much more favorable to the plaintiffs, is set for January.

In an effort to prevent the 2nd bellwether trial from going to a jury, the defense filed a motion for summary judgment in the case. Last week, the MDL judge denied the defendant’s motion which effectively ensures that the case will proceed to trial in 3 months. The outcome of the trial is expected to be very different from the first bellwether case and a big verdict could force C.R. Bard to start negotiating a global settlement of all cases.

Hernia Mesh Patch Lawsuits Against C.R. Bard

Yesterday afternoon, the first bellwether test trial in the hernia mesh litigation against C.R. Bard ended in a surprising loss for the plaintiff. The jury ruled in favor of the defense on all of the plaintiff’s product liability claims and awarded zero damages. In this post, we will look at how this happened and explain why it won’t have much impact on the big picture outcome of the hernia mesh litigation.

Ethicon (a Johnson & Johnson subsidiary) is defending over 3,000 lawsuits alleging that the defective design of its Physiomesh® hernia mesh product caused serious complications and injuries for surgery patients who had it implanted inside them.

The Ethicon Physiomesh hernia mesh lawsuits have been pending for 4 years and progress was significantly delayed by COVID shutdowns in 2020.

In this post, we will take a brief look at the Ethicon Physiomesh lawsuits and the current status of the Physiomesh class-action MDL.

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