Trial For Bard Hernia Mesh Lawsuit Rescheduled To Begin October 16, 2023
A Bard hernia mesh lawsuit previously scheduled to begin in May 2023, will now go before a jury in October 2023, involving claims that a Bard PerFix Plug failed and caused painful injuries.
The U.S. District Judge presiding over all Bard hernia mesh lawsuits has rescheduled the third bellwether trial to begin on October 16, 2023, involving claims that the Bard PerFix Plug is defectively designed and caused painful complications after hernia repair.
The case was originally expected to begin in May 2023, serving as the third in a series of early trial dates designed to help the parties gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout more than 18,000 lawsuits filed against C.R. Bard in a federal MDL (multidistrict litigation).
Each of the hernia mesh lawsuits raise similar allegations, indicating that individuals experienced problems with various different polypropylene products sold in recent years, including the Bard PerFix Plug, Bard Ventralight, Bard Ventralex, Bard 3DMax and other similar systems.
Given similar questions of fact and law raised in the complaints, the litigation has been centralized and consolidated before U.S. District Judge Edmund A. Sargus since August 2018, for coordinated discovery and pretrial proceedings. However, the size of the MDL continues to increase as new hernia mesh lawsuits are filed as the products continue to fail.
Hernia Mesh Lawsuits
Hernia mesh lawsuits are being filed against Bard, Atrium, Covidien and several other hernia mesh manufacturers over mesh failures resulting in injuries and additional surgery.
Learn More See If You Qualify For CompensationJudge Sargus has already presided over two MDL bellwether trials, which ended with mixed results. The first case went before a jury in August 2021, resulting in a defense verdict for Bard. That trial was followed by a second bellwether case that went before a jury in April 2022, resulting in a $255,000 verdict.
In August 2022, a state court lawsuit in Rhode Island resulted in a $4.8 million verdict over Bard hernia mesh problems, which sent a strong signal to the manufacturer about the extent of liability it may face in certain cases, as each individual lawsuit goes before a jury.
Third Bard Hernia Mesh Bellwether Trial
Earlier this month, Judge Sargus cleared a third bellwether claim to proceed to trial in the MDL, after denying the Bard’s attempt to dismiss a PerFix Plug lawsuit filed by Robert Stinson, Sr.
While the case was expected to begin on May 15, the trial date was vacated last week in response to a motion filed by the manufacturer.
On March 17, Judge Sargus issued a new case management order (PDF), which rescheduled the trial for October 16, 2023. The first pretrial conference will be held on October 10, and a second pretrial conference will be held on October 11.
The Court’s order calls for the plaintiff to provide an updated witness list by June 2, with defendants’ updated witness list due by June 16. All unresolved objections must be submitted to the court by September 8. The parties will submit proposed jury instructions before September 15.
While the outcome of this bellwether trial will not have any binding impact on other hernia mesh lawsuits pending in the MDL, it will be closely watched and is expected to have a big impact on negotiations to settle cases. If Bard is unable to reach settlements to resolve large numbers of claims following the MDL bellwether trials, it is expected that Judge Sargus will begin remanding hundreds of individual claims back to U.S. District Courts nationwide for individual trials.
March 2023 Bard Hernia Mesh Settlement Update
Following the initial round of bellwether trials, Judge Sargus appointed a Bard hernia mesh settlement master in August 2022, who has been working with the parties to determine whether an agreement could be reached to resolve large numbers of claims before additional bellwether trials were held. However, no global settlement has been reached by the parties.
While the negotiations continue, and additional hernia mesh trials loom, the size and scope of the litigation has continued to grow as individuals continue to file lawsuits over complications experienced with Bard products.
Last year, the Court rejected a request filed by Bard for a “Lone Pine” order in future lawsuits, which would have required plaintiffs to present additional evidence and expert testimony prior to initiating a claim. Judge Sargus denied the request, indicating that there was no evidence to suggest that such measures were needed to prevent meritless claims from being filed, suggesting that such an extreme requirement should only be issued if there are sufficient questions about the ability of plaintiffs to establish that they received Bard hernia mesh products or suffered the claimed injuries.
Following the Bard PerFix bellwether trial involving claims filed by Stinson, it is expected that Judge Sargus will have the parties present at least one additional case to an MDL jury, before starting to remand claims for trial dates nationwide.
Do You Have A Bard Hernia Mesh Lawsuit
Lawyers provide free consultations and claim evaluations to help determine whether financial compensation may be available through a Bard hernia mesh settlement.
21 Comments
CheliOctober 12, 2023 at 6:17 pm
I had a Ventralex mesh hernia repair manufactured by Bard. I was sent from a free clinic in Fort Payne, Al to Birmingham, Al for surgery. I got staff right after surgery. I went back only for these newbie doctors to send me home after seeing the infection coming from the surgical incision sight. I ended up driving two hours away back to Birmingham only to sit in the ER for 14 hours in pain to be[Show More]I had a Ventralex mesh hernia repair manufactured by Bard. I was sent from a free clinic in Fort Payne, Al to Birmingham, Al for surgery. I got staff right after surgery. I went back only for these newbie doctors to send me home after seeing the infection coming from the surgical incision sight. I ended up driving two hours away back to Birmingham only to sit in the ER for 14 hours in pain to be sent home again. Ended up busting out all over in boils a neighbor that's a paramedic sent me to Scottsboro Hospital in Jackson County only to find it was staff luckily I got a good doctor that treated me or I would have died. I had two doctors attempt to remove the mesh both backed out during surgery. One lied claimed he didn't see it. The other tried but the original doctor I started with claimed he didn't think I had a hernia ended up telling this doctor don't touch it. They left it in me and now it is folded over. If it comes lose it can puncture my bowels or other organs and I can go into toxic shock. Yes, the time is now to end this for those suffering we may not see tomorrow. Take his sorry butt to the cleaners and pay the suffering people now!
VounGutiaJune 14, 2023 at 12:53 pm
I have had multiple surgeries and still in pain!!!! . My last revision surgery was a disaster!!!!! I was finally informed by the doctor who operated on me that it would be extremely dangerous to remove the hernia mesh, it's incorporated into my abdominal wall, removing it will likely create more issues if not kill me. I had a feeding tube, 7.5 inches of my intestines remove, my biles have twisted [Show More]I have had multiple surgeries and still in pain!!!! . My last revision surgery was a disaster!!!!! I was finally informed by the doctor who operated on me that it would be extremely dangerous to remove the hernia mesh, it's incorporated into my abdominal wall, removing it will likely create more issues if not kill me. I had a feeding tube, 7.5 inches of my intestines remove, my biles have twisted up twice causing more surgeries . I have severe scar tissue and is in constant pain, a bulge that comes and goes.!! I know with this mesh incorporated into my abdominal wall is causing me more underlying health problems !!! This is a living NIGHTMARE !!!!!!!!!
RosalieMay 30, 2023 at 3:17 pm
I have had over 20 surgeries on my abdomen. Been in a coma for 30 days on a respirator 3 times,had feeding tube, and Trac tube. Lost my job of 23 yrs, my home and destroyed my marriage. I'm in constant pain, alone , broke, and the last surgery to repair abdomen failed so I have no abdominal muscle or wall if I'm in an accident I will die. And there is a good chance my intestine will burst again.[Show More]I have had over 20 surgeries on my abdomen. Been in a coma for 30 days on a respirator 3 times,had feeding tube, and Trac tube. Lost my job of 23 yrs, my home and destroyed my marriage. I'm in constant pain, alone , broke, and the last surgery to repair abdomen failed so I have no abdominal muscle or wall if I'm in an accident I will die. And there is a good chance my intestine will burst again. My goal is to live to be 60 that will be on August 9th. It is already longer then doctors gave me to live. So please it's time we need help and compensation.
MichaelMay 25, 2023 at 12:35 am
How many times can you delay a case. Put a person in to come to a settlement and still nothing. You have the total rising by the day. Get these guys in court and make them pay for what they did knowing it was dang. Come on isn’t that what judges do in our judicial system. Ohhh unless they contributed to his campaign?
TonyMay 22, 2023 at 10:07 am
Force Brad into a settlement with the possibility of criminal charges being charge due the fact the company use a cheaper material and was warn not to do so.Either make a fair settlement or face serious charges.Being nice Judge Sargus is over the pandemic along with your decision judge gave Brad plenty of time and what is the updates with the settlement administrator you place in the case judge ba[Show More]Force Brad into a settlement with the possibility of criminal charges being charge due the fact the company use a cheaper material and was warn not to do so.Either make a fair settlement or face serious charges.Being nice Judge Sargus is over the pandemic along with your decision judge gave Brad plenty of time and what is the updates with the settlement administrator you place in the case judge back in August 2022 been over 9 months Nothing yet.What about telling us GUINEA PIGS what the differences in holding up the settlement announcement we as the plaintiff deserve the right to know what they are offering I guess the pharmaceutical companies make the Decisions what goes in our bodies, and the LAWYERS Decide what Best settlement we as plaintiff should take, that's why I call the plaintiffs GUINEA PIGS, we been use up by the pharmaceutical companies, insurances companies, doctors and now the last outfit the LAWYERS who looking for a Big Payday WE All are, especially the plaintiffs who make the case who did all the suffering and pain so ALL you waiting for a Big Pay day it's Coming but When.Lawyers make the Best deal for we the Plantiffs WE have EARN IT, having surgeries,taking pain medication.Walking around guys looking like pregnant women because of a MALFUNCTION HERNIA MESH PUT INSIDE US, WE all was thinking in and out of surgery and all will be well but not knowing All Hell was about to start.All and all of surgery when told I had to have a hernia surgery compare to other surgeries I was thinking this will be easy, no Great concern shown by the doctor doing my first surgery and then I start having problems stomach issues had to have several tests and treatment done and eventually a revision surgery in the same area man if the Judge Sargis has a love one in his family went through where thousands of people have gone through maybe it would be a Judge not a Arbitrator or a peacemaker.Brad been given All the benefits of doubt even had a pandemic help Delay this case.While Judge October will eventually come and we see where you as a Judge will stand for another Legal Delay Stunt or you as a Judge will Finalize this long awaited Settlement on this case where over 18,000 people are plantiffs.Judgement Day is Coming Judge eventually as they say "and this shall past to"and it will.We the Victims will have their Day, PATIENCE PLANTIFFS WE did Nothing Wrong but try to GET THE BEST HEATHCARE FOR OUR BODIES, and we was DENY the best HEATHCARE this country had to offer, because the best these pharmaceutical companies had to offer was NOT THERE BEST.Maybe one day this System will realize People Health comes first before Profits but Greed is a Sickness that a Cure Will Never be Found.NO PILL CAN CURE GREED.MAN IS HIS WORST ENEMY.
RexMay 17, 2023 at 10:23 am
I had a defective bard mesh and the replacement mesh resulted in losing my right testicle, my love life and a girlfriend Sex has become painful, and orgasm impossible. Not to mention constant dull aching numbness and tingling in my crotch. They knowing inflicted this upon me without regard and now don't want to except responsibility for their actions and the courts seem to be allowing them to dra[Show More]I had a defective bard mesh and the replacement mesh resulted in losing my right testicle, my love life and a girlfriend Sex has become painful, and orgasm impossible. Not to mention constant dull aching numbness and tingling in my crotch. They knowing inflicted this upon me without regard and now don't want to except responsibility for their actions and the courts seem to be allowing them to drag it out. It has been long enough !
ShelleyApril 21, 2023 at 3:59 pm
Been suffering too long. Would like a little compensation to help out. Lost house car everything. Not able to work after infected mesh and having removed causing several more issues including bladder.. hVe lost feeling in abdomen from surgeries. Thank bard
carlApril 21, 2023 at 2:15 am
THIS IS WHAT THEY ARE DOING TO US.....NOW LETS FILE LAWSUITS THEY ARE REALLY TORTURING BEYOND HUMAN COMPREHENTION...... I DIRECTED THIS TOWARDS BOTH THE COURT JUDICIAL SYSTEM AS THEY ARE THE ONES WHO ARE ALSO PERPETRATING ALSO WITH THE LONG UNNESSARY TIME PERIODS IN BETWEEN COURTS DATES THAT FACTS WILL NEVER CHANGE == THE BUILT A PICE OF S/H I/ IT DEVICE AND NEED TO STAND UP AND STAND[Show More]THIS IS WHAT THEY ARE DOING TO US.....NOW LETS FILE LAWSUITS THEY ARE REALLY TORTURING BEYOND HUMAN COMPREHENTION...... I DIRECTED THIS TOWARDS BOTH THE COURT JUDICIAL SYSTEM AS THEY ARE THE ONES WHO ARE ALSO PERPETRATING ALSO WITH THE LONG UNNESSARY TIME PERIODS IN BETWEEN COURTS DATES THAT FACTS WILL NEVER CHANGE == THE BUILT A PICE OF S/H I/ IT DEVICE AND NEED TO STAND UP AND STAND BEHIND THEIR PRODUCTS. AND MAYBE MAYBE WE MIGHT TRUST THEM AGAIN. I ALSO HAVE MY ATTORNEY RESEARCHING THE RELOVANTCY OF THIS.. PLEASE RESEARCH THIS AS WE US THE HERNIA PATCH TORTURE VICTEMS FOR WE NEED CLOSIER AND A SENSECE THAT WE CAN TRUST THE COURT SYSTEM No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948, art. 5) INTERNATIONAL COVENANT ON CIVILAND POLITICALRIGHTS (1976, art. 7) [T]he term “torture“ means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT (1984, art. 1, para.1) Introduction Torture seeks to annihilate the victim’s personality and denies the inherent dignity of the human being. The United Nations has condemned torture from the outset as one of the vilest acts perpetrated by human beings on their fellow creatures. Torture is a crime under international law. According to all relevant instruments, it is absolutely prohibited and cannot be justified under any circumstances. This prohibition forms part of customary international law, which means that it is binding on every member of the international community, regardless of whether a State has ratified international treaties in which torture is expressly prohibited. The systematic or widespread practice of torture constitutes a crime against humanity. In 1948, the international community condemned torture and other cruel, inhuman or degrading treatment in the Universal Declaration of Human Rights adopted by the United Nations General Assembly. In 1975, responding to vigorous activity by non-governmental organizations (NGOs), the General Assembly adopted the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. During the 1980s and 1990s, progress was made both in the development of legal standards and instruments and in enforcement of the prohibition of torture. The United Nations Voluntary Fund for Victims of Torture was established by the General Assembly in 1981 to fund organizations providing assistance to victims of torture and their families. The Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment was adopted by the General Assembly in 1984 and came into force in 1987. Its implementation by States parties is monitored by a body of independent experts, the Committee against Torture. The first Special Rapporteur on torture, an independent expert mandated to report on the situation of torture in the world, was appointed by the Commission on Human Rights in 1985. During the same period, the General Assembly adopted resolutions in which it highlighted the role of health personnel in protecting prisoners and detainees against torture and established general principles for the treatment of detained persons. In December 1997, the General Assembly proclaimed 26 June United Nations International Day in Support of Victims of Torture.
MarkApril 18, 2023 at 9:52 am
I've had multiple surgeries do to the mesh coming off and wrapping around the nerve to my bladder and killing it been 5 years this June and am sick of it still have another surgery coming up next month the Judge needs to tell them to settle I'm no father ahead than when I started end this now
TimothyApril 17, 2023 at 2:37 am
I almost died from the infection caused by the mesh implant and have had a revision surgery since that again has failed only to end up with a bulge one and a half the size of a softball on my left side of the abdomen
jeffreyApril 15, 2023 at 10:50 pm
I'm going in for my fifth revision surgery.My abdominal wall had to be reconstructed.I've got two more hernias this is rediculous. My life is ruined i'm 50 i too will be dead if this gets resolved in the next 50 years
KeithApril 13, 2023 at 8:34 pm
Damn shame justice delayed is justice denied!
DeborahApril 7, 2023 at 9:47 am
I'm saddened to hear the news about another delay. My husband had to have emergency surgery a year ago and is now scheduled to have a second revision surgery next month. None of the above are things that could be delayed. Why is big pharma able to keep delaying settlement for their products that have caused so much pain and suffering? As others mentioned, they will likely file for bankruptcy [Show More]I'm saddened to hear the news about another delay. My husband had to have emergency surgery a year ago and is now scheduled to have a second revision surgery next month. None of the above are things that could be delayed. Why is big pharma able to keep delaying settlement for their products that have caused so much pain and suffering? As others mentioned, they will likely file for bankruptcy before this is over. The court is giving them plenty of time to plan for that while we wait and wait. I'll be putting the new court date on my calendar along with all of my husband's doctor's appointments and surgery dates but it will have a question mark next to it.
RichardApril 5, 2023 at 1:51 pm
It been 5 yrs I be waiting and nothing it a big joke
JosephMarch 29, 2023 at 7:49 pm
Unreal. I have all but given up on the idea of seeing any compensation for my injuries so many times, then a grain of hope... only to be disappointed again. Your honor, I don't know what's worse - what bard's malfunctionin mesh did to my body or what the court is doing to my spirit. I pray to God this is a large settlement and I pray it happens soon.
DonaldMarch 29, 2023 at 3:06 am
This don't make no sense this Judge keeps cancelling the Hernia lawsuits. I've been waiting 10years.I like to ask the Judge what's taken it so long he should at least give us an answer. I thank the Big Pharmacy Company is paying him off he also wants to get a donation for his Reelection. The Government needs to Interven ASAP.
RoyMarch 28, 2023 at 2:30 pm
What a corrupt system it a Damm shame
AnthonyMarch 28, 2023 at 9:08 am
Unbelievable my life has been ruined for the last 13 years. This is way too long for us injured to be waiting.. The “honorable” judge needs to speed this crap up, not Keep delaying things. It seems every single order he hands down is beneficial to BARD
BrendaMarch 23, 2023 at 11:18 pm
I don't believe I will ever see a settlement check. This has been going on for years and I also believe they will end up claiming bankruptcy before this is ever settled. I used to think I would get something for all my pain and problems it has caused me in my marriage but not anymore. The system is just going to allow them to put off trials and make settlements with NDA's and keep everyone else su[Show More]I don't believe I will ever see a settlement check. This has been going on for years and I also believe they will end up claiming bankruptcy before this is ever settled. I used to think I would get something for all my pain and problems it has caused me in my marriage but not anymore. The system is just going to allow them to put off trials and make settlements with NDA's and keep everyone else suffer in silence.
JimMarch 22, 2023 at 4:52 pm
While another cancel date.I quest C.R.Brad next move to file BANKRUPTCY,delay,delay delay,.The judge Sargis need to put his foot down.Judge sir,you got over 18,000 claims people are hurting across this country having to take pain medicine for relief because you have a pharmaceutical company who was greedy by using a material they was told not to use,but because that material was cheaper that put t[Show More]While another cancel date.I quest C.R.Brad next move to file BANKRUPTCY,delay,delay delay,.The judge Sargis need to put his foot down.Judge sir,you got over 18,000 claims people are hurting across this country having to take pain medicine for relief because you have a pharmaceutical company who was greedy by using a material they was told not to use,but because that material was cheaper that put thousands of Americans lives at stake. They C.R.Brad wanted a greater profit so use the cheaper material for more profit gain.We The People are NOT GUINEA PIGS to experiment our health for C.R.Brad to be richer. Cancel onecdate to January till cancel that that date for May 2023,then cancel the May 2023 court date for, October 2023 ,when will the musical chairs stop,PEOPLE are hurting unfortunately some people have past away waiting for a settlement. I think the laws need to be changed these class action Lawsuits given a statue of limitations for a settlement to be given or the cases be drop.This is ridiculous for people to have to have corrected surgery from 2 times and I read where some people went thru 5 or 6 corrected surgery,and you Judge Sargis would YOU WANT your Love ones to go thru that,man you have gave C.R.Brad everything they wanted the most important you gave them is TIME. The question now Judge Sargis what will you do come September 2023 ,as the October date draws closer,while I know C.R.Brad ask again to cancel the October court date and reschedule for February 1,2024,and the BEAT goes on.
anthonyMarch 22, 2023 at 3:46 pm
Ill be dead by the time this goes to court, and my death is from the Bard mesh