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  • Good intentions

    January 20, 2023 at 11:53 am

    Here’s another update on the Bard (now owned by Becton Dickinson) hernia repair mesh multi-district litigation (MDL). It’s hard to predict how the results might affect the field of hernia repair. If the lawyers focus on the use of low quality polypropylene and the fact that Bard did not disclose it to patients or surgeons then the solution for the mesh makers going forward is just more disclosure. Business goes on, no change to the rates of chronic pain.

    On the other hand though, if the lawyers show that polypropylene itself is the problem, no matter the quality, then there might be some impetus to change. The polyester fiber users will gain market share.

    But, even after the settlement, if it happens, the rates of chronic pain will not change. So these types of litigation could continue for decades. If there’s chronic pain from a hernia repair mesh the discovery process will probably show that the executives knew about it and pushed the product to market anyway.

    Anyway, here is the latest update and excerpts from the last three months showing how people keep joining the class. Pretty interesting to see it happening in real-time. I also included the last simple explanation of what the lawyers are focusing on to show negligence that is causing harm. Once they prove that potential harm was known but not disclosed I think it opens the door for continued discovery and future litigation.

    “January 18, 2023 Update

    A total of 18,403 cases are now pending in the hernia mesh class action MDL against C.R. Bard. That is an increase of 176 cases over the last 30 days, the biggest percentage increase of any mass tort MDL during that period. This high volume of new cases in this MDL has continued for several months now as we get closer to the next bellwether trial in May.”

    “December 18, 2022 Update

    As hernia mesh settlement rumors continue to swirl, the C.R. Bard hernia mesh MDL continues to add new cases as we slowly inch closer to a pivotal 3rd bellwether trial in May 2023 (recently postponed from February).

    The class action lawsuit added 273 new hernia mesh cases to the MDL over the past month, increasing the total pending Bard mesh lawsuits to 18,227. The Bard hernia mesh MDL grew by 23% in 2022, adding 3,380 cases. …”

    “November 17, 2022 Update

    Another 166 new hernia mesh injury cases were added to the C.R. Bard class action MDL over the last month. At the beginning of the year, there were just over 15,000 plaintiffs in the MDL, that number is now up to 17,954 and growing. The continued growth in the number of pending cases should help to keep the settlement pressure on Bard’s parent company, Beckton Dickson. If we get a solid verdict for the plaintiff in the upcoming bellwether trial in February we could potentially be talking about a global settlement deal before June.”

    “September 5, 2022 Update

    One of the issues that got flushed out during the Trevino trial is that C.R. Bard used a plastic resin in its mesh products even after the plastic supplier told Bard it was not safe for that use.

    This was no great revelation. But the plaintiff’s lawyers developed this issue well during the trial.

    C.R. Bard used a plastic made by LyondellBasell called Pro-fax 6523 in all its hernia mesh products because it was the cheapest available material that met specifications.

    Bard did this although LyondellBasell deemed Pro-fax 6523 unfit for permanent implantation inside the body and specifically prohibited buyers from using it in hernia mesh products.

    That C.R. Bard knowingly ignored this is a new revelation that could swing the momentum in the C.R. Bard class action lawsuit.”