MemberJanuary 2, 2023 at 11:24 am
If the litigation results are broad-based, for instance if damages are awarded based on the polypropylene material, then any polypropylene-based mesh will be at-risk for future litigation. If the litigation fails, then the flood-gates for new products can re-open.
In the meantime, sales continue using old products.
Mass tort is supposed to show that a product is defective and should be removed from the market. In this case though, the damages will probably just be used to set the price of future products.
What is supposed to happen, is the FDA is supposed to get involved and remove the product from market. But the FDA page about hernia mesh still has years old text implying that now recalled mesh products were the cause of hernia mesh problems. The FDA gets weaker and weaker as the years go by.