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C.R. Bard Faces First Trial Over Defective Hernia Mesh

C.R. Bard, a subsidiary of Becton, Dickinson and Co., began its first bellwether trial on Monday, August 2nd over claims that its hernia repair surgical mesh is defective. The trial is expected to last over five weeks with testimony from plaintiff Steven Johns, his treating physician, Bard employees, and expert witnesses for both sides. 

Background in Defective Hernia Mesh Lawsuit

Specifically, Utah resident Johns alleges that he suffered “persistent, debilitating pain” and emotional distress after he was implanted with the Ventralight ST hernia mesh patch in 2015 to repair an abdominal hernia. He is bringing claims of negligence, design defect, manufacturing defect, breach of warranty, negligent misrepresentation, and violation of Utah’s consumer protection laws. A spokesman for the manufacturing company declined to comment on the case.

Bard marketed Ventralight and other similar products to support damaged tissue following hernia (a protrusion of an organ through a weak spot in a muscle or collective tissue wall) repair surgery. For Johns, the first surgery was not successful. A second surgery was then done to replace the first Ventralight patch, followed by a third surgery to repair a recurrence of the hernia. He claims that product design is “unreasonably dangerous” and that an anti-adhesive coating used to prevent the mesh from sticking to tissue is toxic and damaging.

Implications of Defective Hernia Mesh Ruling

The ruling of the bellwether trial will show the potential outcome of more than 13,000 lawsuits around the country from plaintiffs who allege the products caused pain, inflammation, and infection. These lawsuits have been consolidated into a multi district litigation (MDL) before Chief U.S. District Judge Edmund Sargus in Columbus, Ohio. It is the third largest MDL in the country. In total, the company is facing more than 25,000 lawsuits, with most of them in a Rhode Island coordinating litigation. 

In 2011, Bard settled about 2,600 lawsuits for $184 million related to an earlier hernia mesh product after losing a bellwether trial. 

For more information about defective hernia mesh repair products, contact us today.

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Atrium Medical ProLite Hernia Mesh Lawsuit Cleared for Trial

Atrium Medical Corp. faces trial for a plaintiff’s claims that a hernia mesh repair product resulted in severe infection and that the company didn’t warn doctors about the possibility of contamination during manufacture. 

The case began in October 2017 with a complaint from Randy J. Africano. The patient alleged that a non-sterile patch of ProLite mesh, which was used during a hernia repair surgery, caused an infection and serious injuries. 

The Food and Drug Administration (FDA) has warned Atrium about sterility and safety issues at some of its manufacturing facilities since 2012. In October 2021, the agency sent a warning to the company after facility inspections, noting a number of violations. In February 2015, a federal court in New Hampshire went as far as blocking the company from the distribution of several products made at its manufacturing buildings in New Hampshire, including the ProLite Mesh. 

During pretrial proceedings, Atrium filed a motion of summary judgment and asked to have the case dismissed. However, in early June, U.S. District Judge Mary M. Rowland issued a memorandum opinion and order. She threw out Africano’s claims about defective design but allowed the lawsuit to move forward with his charges of manufacturing defect and failure to warn. 

Atrium Hernia Mesh Litigation

Atrium currently faces thousands of product liability lawsuits related to its C-Qur hernia mesh products, which are currently pending as a federal multidistrict litigation (MDL). Allegations include issues with an omega-3 fatty acid gel coating used on the products. While it was intended to reduce scar tissue build-up and encourage attachment of the mesh to the abdominal wall, plaintiffs argue that it actually led to an increased risk of inflammatory response, bowel adhesions, and other serious complications that often required additional surgery. 

Early trials begin this month, which will help parties better understand how juries may respond to testimonies and evidence throughout the upcoming thousands of individual cases. 

For more information about Atrium’s defective hernia mesh repair products, contact us today.

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Hernia Mesh Litigations Set to Begin After COVID-19 Delays

After a delay due to COVID-19 restrictions, the lawsuits surrounding defective Hernia Mesh products are beginning to move forward around the country. Major manufacturers, including Bard, Ethicon, Atrium, and Covidien, are involved in separate litigations, although it’s likely that advances against one manufacturer will impact judiciary decisions against another. 

The Bard Hernia Mesh litigation is the biggest (based on market share) and focuses on the PerFix, 3DMax, Marlex, Kugel, Composix, Ventralex, Ventrio, Sepramesh, and Ventralight product lines. The primary state litigation is based in Rhode Island (where Bard is headquartered) and began on April 6, 2021, while the federal Multi-district Litigation (MDL) is occurring in the Southern District of Ohio and began on April 19, 2021. 

The Ethicon Hernia Mesh litigations primarily focus on Physiomesh and include claims against both the Proceed and Prolene product lines. Set to begin on June 7, 2021, the major state litigation will take place in New Jersey (home to the company’s headquarters), while the federal MDL is scheduled in the Northern District of Georgia. 

The Atrium Hernia Mesh litigations mainly focus on the C-Qur product line. The major state litigation will take place in New Hampshire (where the company’s former headquarters were located), while the federal MDL is scheduled for the District of New Hampshire. The first in-person federal trial will begin on July 7, 2021 with additional state and federal bellwether trials to follow.

The Covidien Hernia Mesh litigations, the smallest of the group, involve the Parietex and Gore-Tex product lines. The state litigation will occur in Massachusetts (where the company was previously headquartered), but no trial date is currently set.

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