Are you a victim of C.R. Bard Hernia Mesh Complications? Here’s what you need to know
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calendar_month Jul, 25, 2024
One of the largest medical device manufacturers of hernia mesh products has been C.R. Bard and it is now a subsidiary of Becton, Dickinson and Company BD. Hernia mesh refers to a medical device mainly used to provide extra support for weakened or damaged tissues during hernia repair surgeries.
Hernias occur most frequently within the abdominal region, especially around the groin. The causative factors of hernia are normally based on defects involving muscular weakness with increased abdominal pressure, such as severe straining, heavy lifting, obesity, and so forth. They may also occur in relation to developmental defects at birth. Surgery is still the mainstay of treatment to repair the weakened muscle or tissue and help prevent complications.
Hernia mesh litigation is based on claims that Bard's hernia mesh products were defectively designed and that the company failed to provide adequate warnings of the potential risks. Hundreds of patients have filed lawsuits claiming that they suffered severe complications from the hernia mesh, leading to long-term health problems and more surgeries to get the mesh removed.
At the beginning of the twenty-first century, hernia mesh devices have been widely regarded as a traditional way of repairing hernias, which is a physical problem that arises when the internal organs or tissue protrudes through a weak spot in the abdominal wall. In the early 2000s, C.R. Bard, a top manufacturer of medical devices, launched a new era of hernia mesh products, actually permanent ones. According to the company, those products were more resistant to the wear and tear of normal life, and thus, the patients really got a bone to fight with. A host of infections, severe damage in an organ, adhesion, and hernia recurrence involve those patients with the Bard hernia mesh implants. These problems brought about the presentation of lawsuits by thousands of patients against C.R. Bard, alleging that the corporation's goods were poorly constructed and that patients were not given any warning about the dangers.
The Bard hernia mesh lawsuits, while all being unique, were consolidated in 2017. The Judicial Panel on Multidistrict Litigation (JPML) came up with a single multidistrict litigation (MDL) in the Southern District of Ohio. The MDL, "In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation" (MDL-2846), has become the most prominent hernia mesh MDL, with over 22,896 pending cases as of June 2024.The Bard hernia mesh MDL is under the department of Judge Edmund A. Sargus, Jr. who serves as a set in civil law and supervising the process of selecting bellwether trials. These trials will be based on the aim of giving the plaintiffs some direction on the validity of their claim.
The litigation surrounding Bard's hernia mesh has been host to a number of bellwether trials. Both parties have had mixed success, as the defence won the first bellwether trial. In that case, a federal jury in Dayton, OH, found in favour of Bard on all of the plaintiffs' claims. It was not a total shock to the plaintiffs when they lost the first trial, because that seemed to be the way of things in other hernia mesh litigations. However, plaintiffs began to have more luck with bellwether trials. This victory was significant in that and it also underscored the potential for large damages within the MDL. More recently, Bard lost an important bellwether trial in November 2023, where plaintiff Aaron Stinson was awarded $500,000. This verdict could help the plaintiffs again increase the pressure on Bard to reach a global settlement.
In the course of the ongoing litigation regarding Bard hernia mesh, the situation is becoming more indicative of the potential for a settlement to be agreed upon. The federal MDL overseeing judge has expressed that, if there is no global settlement in place by June 2024, he will send cases back to district courts for trial. Bard has entered into confidential settlement agreements with some plaintiffs, and it is believed that Bard will probably seek a global settlement to resolve any outstanding cases. The significant verdicts in favour of the plaintiffs have also increased the pressure on Bard to negotiate a settlement that adequately compensates the affected patients.
Even though a settlement is highly probable, the Bard hernia mesh litigation has not reached its conclusion, and law firms engaged in these cases still accept new claims. Some of these complications from Bard's hernia mesh products include infection, organ damage, adhesions, and recurrence of hernias and patients are still entitled to file a lawsuit for these complications. For proper legal consultation regarding their rights, individuals will find it important to consult for situations that have been affected by Bard's hernia mesh products. Experienced personal injury lawyers would be able to take them through the labyrinth legal landscape and ensure victims get what they deserve in compensation.
Our law firm can serve you or your loved one if dangerous side effects occur from a C.R. Bard hernia mesh product. We have a network of legal partners ready to assist you that can provide you with answers and help you in the legal process to get the compensation that you merit. Don't try to handle this legal fight by yourself - contact us today so that we can assemble a committed team to support and guide you through your path to justice and compensation.
