Bard Hernia Mesh Lawyer Update 2024
We are accepting Bard hernia mesh removal or revision cases.
Bard hernia mesh cases are ordered to mediation by the U.S. District Judge presiding over Bard Hernia Mesh MDL The cases will begin mediation during the Spring of 2024. The purpose of these mediations is to negotiate a global settlement that will resolve thousands of claims on the docket. To date, the Defendants have not offered to settle large numbers of cases so they are still waiting on the court’s docket to be tried. The judge has signaled that if mediation does not resolve the cases, they will be transferred to other courts.
Close to 21,000 product liability lawsuits have been filed against C.R. Bard throughout the federal court system, each involving similar allegations that users suffered painful and debilitating injuries caused by design defects associated with various polypropylene products sold in recent years, including the Bard Ventralight, Bard Ventralex, Bard Perfix Plug, Bard 3DMax, and other similar systems.
As the hernia mesh lawsuits involve common questions of law and similar injuries, the litigation is centralized before U.S. District Judge Edmund A. Sargus in the Southern District of Ohio. The MDL was created in August 2018, where the parties have conducted three bellwether trials to help determine how juries view evidence and testimony that may be repeated throughout the claims. The verdicts in the Bard hernia mesh trials ranged from $0 to $4.8 million for the plaintiffs. One case was tried in Rhode Island state court, outside of the MDL. These cases are summarized below.
$4.8 Million Hernia Mesh Verdict
August 29, 2022: $4.8 million jury verdict was awarded to Paul Trevino, who was implanted with and injured by a Bard Ventralex hernia mesh. The mesh burrowed into Paul’s tissue, causing severe pain and inflammation, resulting in additional surgeries.
$225,000 Bard Hernia Mesh Verdict
April 15, 2022: A $225,000 jury verdict was awarded to Antonio Milanesi, who was implanted with and injured by a Bard Ventralex hernia mesh. The mesh was implanted during a hernia repair in 2007. Later, he developed an infection and bowel abscess caused by the mesh, requiring additional surgeries.
August 17, 2022: John Jackson was appointed by Judge Sargus as The Settlement Master to oversee resolution and settlement of all Bard Hernia Mesh claims.
May 15, 2023: The third Bard Hernia Mesh Bellwether case is set for trial. This case is close to a settlement agreement and may be resolved before trial. If resolved, the judge will set another bellwether case for the Fall of 2023 until the bellwether cases are tried in court or settled before trial.
Hernia Mesh Complications
Hernia mesh litigation involves mesh that has malfunctioned, causing painful complications requiring surgery to remove, revise or replace the hernia mesh with additional treatment and medication. Serious complications include: Chronic Pain, Abscesses, Infections, Adhesions to the bowel; Bowel blockages, Perforation of organs and tissues, Fistulas, Hernia Mesh erosion, Hernia Mesh rupture; Hernia Mesh shrinkage; Hernia Mesh migration; Hernia Mesh contracture; Wound dehiscence (separation of tissues); Hernia recurrence (as a result of hernia mesh migration and/or contracture).
CR Bard/Davol Hernia Mesh leads the hernia mesh market in the United States. MDL 2846 Davol, Inc./C.R. Bard, Inc. Polypropylene Hernia Mesh Products Liability Litigation was created and ordered before Chief Judge Edmund Sargus of Columbus, Ohio. Other mesh lawsuits include Ethicon Physiomesh, Covidien mesh, Atrium C-Qur mesh, Gore-tex mesh and Strattice mesh.
Bard Hernia Mesh Products
The Bard/Davol hernia mesh products we are currently investigating for acceptance criteria include:
- PerFix Plug
- PerFix Light Plug
- 3DMax Mesh
- 3DMax Light
- Bard (Marlex) Mesh Dart
- Marlex (AKA Flat Mesh
- Bard Mesh
- Sperma-Tex
- Visilex
- Kugel Hernia Patch
- Modified Kugel Hernia Patch
- Composix Kugel Hernia Patch
- Composix
- Composix E/X
- Composix L/P
- Ventralex
- Ventrio
- Sepramesh IP
- Ventralex ST Patch
- Ventrio ST
- Ventralight ST
Hernia Mesh Revision/Removal
Qualifying hernia mesh lawsuit criteria:
In most states, medical records evidencing the original hernia repair surgery with mesh implanted after 2011 AND:
- Have developed adhesions, scar tissue, hernia recurrence, intestinal blockage, mesh migration, organ perforation and infection more than 30 days from the original hernia mesh implant surgery; and
- Have undergone or have scheduled hernia mesh revision or mesh removal surgery due to mesh complications.
Deadlines Approaching
There are statutes of limitations and statutes of repose which limit the time to file a medical device product liability claim. These deadlines require research into the states’ legislation and briefing the case law to interpret the time limits. In light of the statutes of repose in certain state product liability cases, we may not be able to accept certain cases as follows:
- If the mesh was implanted in Kentucky before 2015, we may not be able to accept the case.
- If the mesh was implanted in Colorado, Connecticut, Georgia, Idaho, Illinois, Indiana, Kansas, Michigan, Nebraska, Ohio, Oregon or Tennessee, before 2014, we may not be able to accept the case.
- If the mesh was implanted in Florida, North Carolina or Washington before 2011, we may not be able to accept the case.
- If the mesh was implanted in Iowa, Texas or Wisconsin before 2008, we may not be able to accept the case.
The deadline calculations may require further research, so contact us to verify that your deadlines to file a claim have not yet passed.
Do I Have A Case?
Contact us at 1-800-814-4540 or email carolyn@carolynstclair.com for a free consultation. There are time limits and medical records may be destroyed, so contact us now.
