On February 29, 2024, the judge overseeing the federal Bard hernia mesh litigation ordered the parties to mediation with a court-appointed special negotiating master, the respected John Jackson. Our firm has personally worked with John Jackson, Esq., and appreciates all the variables he will need to consider. He knows that all litigations are different, but he has managed to get multiple mass tort litigations to the finish line.
What Are the Factors That May Be Considered in a Settlement Resolution Plan?
- How many lawsuits have been filed?
- How many potential future lawsuits will there be?
- How quickly will payments be made?
- What will be considered meritorious cases?
- Will there be a minimum and maximum payment?
- Will there be “enhanced” or “extraordinary” payments for unique and severe injuries?
- What medical proof will be needed to document a Bard product and the injury?
- Will settlement amounts be higher for multiple Bard meshes?
- Can settlement offers be rejected or appealed?
- Will different Bard meshes have different settlement values?
- Will lost earnings and unpaid medical bills be considered?
- Will the risk of future surgeries be considered?
- Will there be settlements for patients who still have Bard hernia mesh?
- Who will administer the settlement process—Bard, the Plaintiffs, the judge or a neutral administrator?
Firms with litigation experience against Bard and other hernia mesh companies, such as ours, understand each client’s individual claim and discuss all the variables to consider. Whether in a settlement plan or proceeding to trial, there are many variables to consider. Settlement plans range in character from “one size fits all” to many individualized categories. Ultimately one needs to consider what represents a fair balance between expediency versus extensive administrative steps.
Will the Settlement Be Confidential?
Yes. All mass tort settlements are highly confidential. The mediations taking place will also be confidential. Only plaintiffs participating in the settlement plan will know the terms of the settlement agreement. These terms will be known to all plaintiffs before each plaintiff chooses to participate in the plan.
Settlement values will be a guide for resolution, but ultimately each claim must be substantiated through medical records before an exact settlement amount is known.
If you have questions about a potential Bard hernia mesh claim, please contact us for a free and confidential consultation. We represent clients from all fifty states.
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.
