Published: March 18, 2024
Updated: July 30, 2024
Hernia mesh settlements have recently happened for various products. Will a new Bard settlement happen soon? Judge Edmund A. Sargus, who presides over the Bard Hernia Mesh Product Liability Multidistrict Litigation, recently referred to a future “Master Settlement Agreement” in Case Management Order No 52 dated July 6, 2024.
A master settlement agreement in medical device litigations has proposed settlement amounts based on the specific product, the type of injury, and any extraordinary/enhanced injuries. Proposed payment times would also be discussed. Injured plaintiffs, or their loved ones if it is a wrongful death claim, have time to consider whether to participate based on their own personal case. This is always an individual choice based on a plaintiff’s unique situation.
Judge Sargus simultaneously issued CMO No. 53. These Orders anticipated settlement considerations such as suspending normal requirements for discovery demands, evidence preservation and motion practice. The Orders also anticipate current and future plaintiffs will choose continued litigation over a settlement offer. Plaintiffs continuing to litigate will need to review the Case Management Orders.
What are current settlement predictions for Bard Hernia Mesh plaintiffs?
Case Management Orders No. 52 and No. 53 are very similar to ones in other medical device litigations that have settled. We believe this as very positive in light of the earlier steps, such as mediation. Federally ordered mediation on March 25 and 26, 2024 was designed to lead to settlement of injury and wrongful death cases.
Aggressive litigation by our firm and many others has led to over 40,000 lawsuits being filed. Judges in Rhode Island state court and federal multidistrict litigation in Ohio are pressuring settlement negotiations after plaintiffs have won test trials for Perfix Plug, Kugel and Composix meshes.
In the federal litigation, Judge Sargus issued an Order on February 29, 2024, mandating mediations to occur with John Jackson, the court-appointed settlement mediator, over the next three months. The Bard hernia mesh litigation is now considered “mature,” but new lawsuits are constantly being filed. Patients are continuing to develop mesh complications. Patients with new injuries may need to act quickly to participate in a new settlement plan. Unsuccessful mediation will result in new court Orders in June 2024.
What Injuries Could Be Considered In A Settlement?
Plaintiffs are seeking settlements based on injuries from mesh defects—similar to other litigations:
- Need for more surgery
- Infections
- Repeat hernias
- Intestinal injuries
- Hospitalizations
- Loss of a testicle
- Chronic pain
- And others
Patients are told by their surgeons that the mesh has shrunk, balled up, migrated, tangled with the intestines, severed or eroded nerves, caused infections, created a fistula, tangled with intestines, allowed another hernia to occur, and other injuries.
Why You Should Seek Individualized Legal Representation
Trial testimony by treating surgeons has been crucial for successful plaintiffs at trial. Experienced attorneys study medical reports and discuss with clients’ surgeons exactly what happened and how particular meshes lead to unique injuries. Advocating for injured plaintiffs depends on knowing how injuries happened and how to present those to a jury or at settlement negotiations. This goes for typical cases as well as unique injuries, which often result in chronic pain and doctors refusing to do more repair surgeries.
While we cannot predict if there will be a settlement plan or what will be in it, past hernia mesh settlement plans called for one-on-one discussions about settlement claims with our clients.
If you or a loved one have been injured by Bard hernia mesh, please contact us immediately for a free initial consultation.
David B. Rheingold, Partner
David specializes in an active trial practice primarily involving drug products, medical device liability and product liability cases. On both a state and national level, he has obtained substantial client settlements through arbitration, mediation and direct negotiations with some of the largest national and international drug and medical device makers. David has been involved in multiple high-profile legal cases including the $2.5 billion DePuy ASR and DePuy Pinnacle metal-on-metal hip implant settlement plan and the $1.4 billion Stryker Rejuvenate metal-on-metal hip implant settlement plan.
