Summary
- As of June 2024, over 22,896 cases are pending in the Bard hernia mesh multidistrict litigation (MDL), with ongoing settlement discussions and mediation efforts.
- Recent bellwether trials have yielded mixed results, including a $500,000 verdict for the plaintiff in November 2023, while other scheduled trials have been postponed to allow for further settlement talks.
- If a global settlement is not reached by the end of June 2024, cases may be remanded to district courts for individual trials, with estimated settlement amounts ranging from $60,000 to $75,000 per case, though this figure is speculative.
The Bard hernia mesh lawsuits have reached a critical juncture in June 2024, with significant developments in the ongoing multidistrict litigation (MDL) and settlement discussions. Here is a comprehensive overview of the current status of these lawsuits, including recent updates, trial outcomes, and future expectations.
Background and Overview
The Bard hernia mesh lawsuits involve claims against C.R. Bard, Inc. and its subsidiary Davol Inc., alleging that their hernia mesh products were defectively designed, leading to severe complications for patients. These complications include chronic pain, infections, mesh migration, and the need for additional surgeries.
The litigation has been centralized in the Southern District of Ohio under MDL-2846, presided over by U.S. District Judge Edmund A. Sargus Jr.
Recent Developments
Settlement Discussions and Mediation
In recent months, there has been a significant push towards reaching a global settlement. Judge Sargus ordered mediation sessions in March 2024, with the aim of resolving a large number of claims. A court-appointed mediator led these sessions. Despite these efforts, a global settlement has not yet been reached, and the judge has indicated that if no progress is made by the end of June 2024, the cases may be remanded to their respective district courts for individual trials.
Bellwether Trials
The bellwether trials, which serve as test cases to gauge jury responses and inform settlement negotiations, have yielded mixed results. The third bellwether trial, Stinson v. C.R. Bard, resulted in a $500,000 verdict for the plaintiff in November 2023.
The fourth bellwether trial, involving plaintiff Jacob Bryan, was scheduled for April 2024 but was postponed indefinitely to allow for further settlement discussions.
Federal MDL Case Status
As of June 2024, there are over 22,896 pending cases in the Bard hernia mesh MDL. The number of new cases continues to grow, with 640 new cases added in May 2024 alone. The litigation remains active, with plaintiffs’ attorneys continuing to file new claims and prepare for potential trials. The uptick in the number of recent filings may be a sign of a soon-to-be-announced settlement.
Settlement Amounts and Predictions
While no global settlement has been publicly announced, we’ve heard rumors that some law firms have reportedly reached confidential settlements with Bard. But we have seen no evidence of such private settlements.
The average settlement amount is estimated to be between $60,000 and $75,000 per case, though this figure is speculative and may vary based on the severity of injuries and other factors.
Near-Term Outlook
The future of the Bard hernia mesh litigation hinges on the outcome of ongoing settlement discussions. If a global settlement is not reached by the end of June 2024, Judge Sargus may begin remanding cases to district courts for individual trials. This could lead to a prolonged litigation process, with thousands of plaintiffs awaiting their day in court.
Conclusion
The Bard hernia mesh lawsuits are at a pivotal point, with significant developments in settlement negotiations and trial outcomes. As the litigation progresses, the focus remains on achieving a resolution that compensates the affected patients for their injuries and holds the manufacturers accountable for the alleged defects in their products. The coming months will be crucial in determining the direction and outcome of these lawsuits.