Hello again from Jason J. Joy & Associates. We would like to provide you with an update on the ongoing Hernia Mesh litigation. As you may know, lawsuits are currently active against several hernia mesh manufacturers, including Ethicon, Bard, Covidien, Genzyme, and Atrium Medical Corporation. Three of these companies—Ethicon, Bard, and Atrium—have collectively recalled over 211,000 units of hernia mesh from 2005 to 2019 due to defects and complications.
Bard is facing roughly 18,000 lawsuits, making it the largest Multi-District Litigation (MDL) involving hernia mesh devices. Two bellwether trials have already taken place, with the first resulting in a defense verdict in September 2021 and the second in a $255,000 plaintiff’s verdict in March 2022. A “bellwether trial” is a case hand-picked by the parties and approved by the court. The goal of a bellwether trial is to give the parties and the court a better understanding of the arguments, the science, and the expected settlement ranges.
A third bellwether trial was initially scheduled for May 2023. This trial was delayed until October 2023, and a fourth bellwether trial scheduled for January 2024. The outcomes of these trials are significant as they can influence settlement negotiations for the remaining cases.
In August 2022, a hernia mesh trial in Rhode Island state court resulted in a $4.8 million plaintiff’s verdict against Bard. While these results may not directly correspond to other claims, they are indicative of the potential for successful outcomes.
As the trials progress, we may need to reach out to you for further information. It is crucial that you promptly return our calls, emails, and texts. If you are still gathering the necessary information to file your claim, we urge you to act quickly to ensure we have enough time to review and file your case.
We remain committed to keeping you informed and will provide updates as more information becomes available. If your contact information has changed, please reach out to Jason J. Joy & Associates at 713-221-6500. Thank you for your patience and trust in us during this complex process.