Stay Issued Pending Settlement of Bard Hernia Mesh Lawsuits in MDL

The U.S. District Judge presiding over all federal Bard hernia mesh lawsuits has issued a limited stay on the active litigation, pausing all discovery and pretrial proceedings, as the parties close in on a potential global settlement agreement to resolve claims brought by individuals nationwide.

C.R. Bard currently faces more than 21,000 separate product liability lawsuits, each involving similar allegations that users suffered painful and debilitating injuries caused by design defects associated with various polypropylene products sold in recent years, including the Bard Ventralight, Bard Ventralex, Bard Perfix Plug, Bard 3D Max, and similar systems.

Since August 2018, the hernia mesh lawsuits have been centralized before U.S. District Judge Edmund A. Sargus in the Southern District of Ohio, as part of a federal Bard hernia mesh multidistrict litigation, or MDL.

Following mixed results in three early bellwether test trials, which were held to help determine how juries may respond to certain evidence and testimony that may be repeated throughout the claims, Judge Sargus ordered the parties to meet with a mediator over the past three months, to conduct intensive Bard hernia mesh settlement talks before he considers returning large numbers of claims to various different U.S. District Courts nationwide for trial.

However, based on a series of case management orders issued over the weekend, including docket control measures that impose strict deadlines on any new claims that may be filed in the future, it appears that an agreement on settling Bard hernia mesh claims may soon be announced by the parties.

Bard Hernia Mesh Litigation Orders Impose Strict Deadlines On Non-Settling Plaintiffs

Following a joint request submitted by the manufacturer and plaintiffs attorneys, Judge Sargus issued a limited stay (PDF) on July 6, pausing all deadlines for any lawsuits filed before the date of the order, indicating that those parties can not take any discovery, file any motions or seek any other relief.

Judge Sargus indicated that the stay was announced in anticipation of potential global settlement for Bard hernia mesh lawsuits, suggesting that each individual plaintiff will soon have the ability to determine whether to settle their case or proceed with further litigation of their claim.

“The Court anticipates that the stay will be lifted in cases in which the plaintiffs opt-out of the Master Settlement Agreement,” wrote Judge Sargus in the order, indicating that the manufacturer must file an individualized notice in each case where a plaintiff decides not to participate in the settlement, which will then impose a series of strict deadlines for the further litigation.

A separate docket control order (PDF) was also issued over the weekend, outlining the requirements that will be imposed on individuals who opt out of the settlement, or file a new lawsuit after July 6, 2024.

Among other requirements, those plaintiffs will be required to file a certification under penalty of perjury regarding their ability to pursue a new claim, produce early discovery documents and submit case-specific expert reports that establish their injury was caused by one or more Bard hernia mesh products. Any plaintiffs who fail to comply with the strict deadlines will face dismissal of their claim.