C.R. Bard and its subsidiary, Davol, are currently defending against more than 20,000 lawsuits related to their hernia mesh products. These lawsuits allege that Bard/Davol's mesh devices were defective, causing injuries and complications such as mesh adhesion, chronic pain, bowel obstruction, and testicular injuries. Additionally, Bard and Davol are accused of failing to adequately warn patients and healthcare providers of these risks.
Verdict in Third Bellwhether Trial: Stinson v. Davol, et al.
November 2023 marked a turning point in the Bard Hernia Mesh litigation with the verdict in the long-awaited third bellwether trial, Stinson v. Davol, et al. (2:18-cv-01022). Aaron Stinson, who suffered severe health complications including lifelong injuries following the implantation of Bard’s polypropylene hernia mesh in 2015, was awarded $500,000 in damages. The jury found in favor of Stinson on the failure to warn and negligence claims, but did not support his design defect claim. This outcome, particularly the recognition of Bard’s failure to warn, may set a precedent influencing future lawsuits in this extensive Multidistrict Litigation (MDL No. 2846), which ranks as one of the largest in the United States.
Upcoming Bellwether Trials and Trends in Litigation
January 2024 will see another crucial bellwether trial involving Bard's 3DMax hernia mesh. These upcoming trials are expected to deepen the understanding of the expected outcomes in these cases and may encourage settlements. Additionally, the size of the Bard hernia mesh Multi-District Litigation (MDL) has shown a decrease, from 20,405 to 20,369 cases, indicating a potential saturation of claims. This development could influence Bard and Davol's approach to settlements, as it suggests a stabilization in the number of plaintiffs.
The recent Stinson verdict in the Bard Hernia Mesh litigation sheds light on the legal challenges faced by both plaintiffs and defendants in these cases. The jury’s decision acknowledges Bard’s failure to warn, bolstering the position of the plaintiffs. However, the relatively modest damages awarded reflect the complexities inherent in these cases. As the litigation progresses, the emphasis on failure to warn, negligence, and the specific health issues associated with different Bard hernia mesh products will be crucial in determining the outcomes of these lawsuits.
If you or a loved one has been injured by a hernia mesh product, contact Phillips & Associates for a free consultation today. You will immediately be put in touch with John Phillips or Patrick DiFilippo, who can help determine whether you have a case and advise you on the best course of action moving forward.