The second trial in the Bard hernia mesh MDL (MDL 2846; In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation) just concluded. Thankfully, it resulted in a verdict for the plaintiffs.
What are the trials about?
Plaintiffs filed suit for injuries sustained after having mesh manufactured by C.R. Bard., Inc. (“Bard”) implanted to repair hernias. Bard manufactures several products which differ in design. They are all made of polypropylene, a plastic which is not meant for implantation in the human body. Some mesh designs have coatings meant to prevent the mesh from sticking to organs. But the coating can quickly degrade and leave the body exposed to polypropylene. Others include a ring that can buckle or break. Injuries include pain, infection, migration, adhesions, organ damage and the need for additional surgeries.
Previous Bard Hernia Trial
The first trial, Johns v. C.R. Bard, Inc., et al., was chosen by defendant C.R. Bard (“Bard”). The plaintiff in that cases was implanted with a Ventralight ST hernia patch. It caused adhesions and severe pain. The hernia mesh was removed a year later.
Plaintiff claimed that Bard was negligent in the design of the product and failed to warn of its dangers, among other claims. Unfortunately, a jury disagreed and found Bard not liable for any wrongdoing. No damages were awarded.
This Bard Hernia Trial
The most recent trial, Milanesi v. C.R. Bard, Inc., et al, was chosen to be tried by plaintiffs’ counsel. It involved a different type of mesh manufactured by Bard: Ventralex hernia patch. Plaintiff developed an infection and bowel abscess. Mesh adhered to his bowels and he was forced to undergo a bowel resection and removal of the mesh. He then underwent an additional surgery to relieve post operative injuries.
Like in the Johns case, Plaintiff’s claims included negligent design of the product and failure to warn of its risks. The jury returned a verdict for the plaintiff on his defective design claim. Plaintiff and his wife were awarded $255,000.
What does this mean?
These first trials, known as bellwethers, impact how the remaining 16,000 cases in the MDL get resolved. The next plaintiff has been chosen for trial but there is no trial date set yet. Ideally, there will be several more verdicts for plaintiffs which will prompt defendant C.R. Bard, Inc. to settle all cases. However, either way, Stag Liuzza is prosecuting Bard Hernia claims to help its clients get the relief they deserve.
