C.R. Bard, Inc. Faces First Bellwether Trial Over Hernia Mesh Injuries – Hernia Mesh Lawyer Explains

Searcy Denney Scarola Barnhart & Shipley
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Searcy Denney Scarola Barnhart & Shipley

C.R. Bard, Inc. is one of many medical device companies involved in large nationwide litigation concerning defective hernia mesh products. C.R. Bard, Inc. faces more than 25,000 lawsuits in state and federal courts, with the first trial in the federal multidistrict litigation (MDL) fully underway, as reported by medtruth.com and Reuters.

Before trials begin in mass tort litigation, the parties propose what cases should go to trial first as a way of determining how a jury is likely to decide in a typical hernia mesh lawsuit. In the first bellwether trial, the plaintiff alleges that he suffered pain, inflammation, infection, and the need for revision surgery because of the defective and dangerous nature of C.R. Bard, Inc’s hernia mesh products.

Common Hernia Mesh Injuries

In the first federal bellwether trial, the plaintiff alleges injuries that are common to most hernia mesh lawsuits filed in both state and federal court nationwide. Examples of severe and debilitating injuries associated with what injured plaintiffs believe to be defective hernia mesh devices include, but are not limited to, the following:

  • Chronic pain
  • Device failure (the mesh product did not successfully treat the hernia;
  • Infection
  • Inflammation
  • Mesh erosion
  • Mesh migration
  • Organ perforation (which is often secondary to device migration)
  • Foreign body rejection of the mesh product (which may be the trigger for additional injuries)
  • Adhesions
  • The need for removal and/or revision procedures

Hernia mesh injuries can be career-ending for some injured individuals and can alter the person’s life forever. Permanent hernia mesh injuries may mean some physical activities will no longer be possible. Although injuries are common among plaintiffs who have filed lawsuits, all cases are evaluated independently as some injuries may be more severe than others.

C.R. Bard, Inc. and Other Hernia Mesh Manufacturers Face Tens of Thousands of Lawsuits

C.R. Bard, Inc. faces more than 13,000 lawsuits in the federal MDL, which is situated in the Southern District of Ohio. The company also faces more than 12,000 lawsuits filed in state court actions. The hernia mesh litigation is by far one of the largest active mass tort litigations, demonstrating that injuries are widespread and severe enough to warrant legal action.

Other hernia mesh manufacturers, such as Ethicon, Inc. and Atrium Medical Corp., face tens of thousands of lawsuits nationwide. All lawsuits have common allegations that hernia mesh products are defective and that the manufacturers knew of certain dangers that were not shared with patients or their healthcare providers.

For example, the material used to compromise many hernia mesh products is not intended to be used as a permanent medical implant. As such, many patients have a foreign body reaction that leads to a long list of injuries that may be permanent. Because time is limited to pursue legal action, any person who suffered injuries following a hernia mesh procedure should consult with a hernia mesh lawyer right away.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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