Court Cancels Fourth Bellwether Trial Against C.R. Bard.
What Happened?
On February 5, U.S. District Judge Edmund A. Sargus called off the fourth bellwether trial in the C.R. Bard hernia mesh class action MDL that was scheduled to begin on April 8, 2024. This update arrives only three months after the recent $500,000 verdict from the third C.R. Bard bellwether trial in November.
The court did not schedule a replacement trial, nor did it decide to send the over 20,000 remaining Bard cases back to their original jurisdictions. The court seems to be ready for parties involved in the C.R. Bard MDL to negotiate and reach a settlement agreement, so there will not be any future bellwether trials until an accepted amount is reached.
The case would have been centered around Florida resident Jacob Bryan and whether Bard could be found liable for the complications that occurred after his inguinal hernia repair surgery, including mesh deformation and chronic pain. According to the lawsuit claim, C.R. Bard failed to warn healthcare providers and patients about the known risks and potential side effects associated with its 3DMax mesh product.
STATUS OF THE HERNIA MESH LAWSUIT
There has been significant action within each of the four hernia mesh MDLs over the past couple months, especially with Bard and Ethicon. Back in December, Ethicon and parent company Johnson & Johnson privately settled 224 hernia mesh cases, and nearly 200 new cases were filed against C.R. Bard in January. No new bellwether trials for any of the four MDLs have been announced.
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