The judge overseeing the thousands of hernia mesh lawsuits against C.R. Bard recently appointed John Jackson as the settlement mediator in the multidistrict litigation. This settlement mediator will work with legal defense from both parties to potentially reach a joint settlement agreement. With two more bellwether trials scheduled for next year and a recent loss for Bard in a state lawsuit, some speculate that a global settlement in MDL-2846 may be on the horizon by the end of the year. 

MDL Against C.R. Bard for Defective Hernia Mesh Contains Over 17,000 Cases

Currently, over 17,000 cases are pending against medical technologies manufacturer C.R. Bard in MDL-2846. The company also faces hundreds more lawsuits filed in state courts. Lawsuits allege that individuals suffered severe and life-threatening health complications due to Bard’s defective hernia mesh implants. Patients have reported various malfunctions with their Bard hernia mesh, including erosion, infection, adhesion, and shrinkage. Lawsuits argue that these hernia mesh defects can lead patients to experience chronic pain, internal bleeding, fistula, and even undergo revision surgery. Many attribute these issues to the polypropylene plastic Bard used to manufacture its hernia mesh implants. This material is likely to oxidize when it comes in contact with oxygen-rich blood and tissue. 

In fact, Bard recently lost a hernia mesh trial filed in Rhode Island state court in which the plaintiff’s attorneys presented evidence that the company knowingly used a type of plastic against the supplier’s explicit warnings that the plastic is unfit for long-term implantation. The jury determined that Bard failed to warn the plaintiff, Paul Trevino, about his defective hernia mesh device and awarded $4.8 million in a major verdict. 

Settlement Master Appointment Inches Hernia Mesh MDL Closer to Global Settlement

On August 17, 2022, U.S. District Judge Edmund Sargus, Jr. appointed John Jackson as settlement mediator in MDL-2846, a development that may bring us nearer to a global settlement. Jackson will collaborate with both sides to determine whether the parties can decide on a settlement at this stage. If C.R. Bard cannot reach a settlement with plaintiffs, then two bellwether trials await the company next year, one in February and the other in May. However, the verdict in Trevino’s case places the plaintiffs in a more favorable position to negotiate with C.R. Bard.