Status of Bard, Ethicon and Atrium Hernia Mesh Lawsuits

Three medical device companies are facing 14,900 hernia mesh lawsuits in three cross-district federal lawsuits across the country.

The COVID-19 pandemic has resulted in litigation delays in every MDL, and judges have postponed the main negotiations to 2021. There have not been any publicly reported settlements in these litigation groups.

Meanwhile, the number of lawsuits continues to rise.

CR Bard test set for January 2021

In October 2020, Bard faced 9,394 state hernia mesh lawsuits in the southern Ohio county before Judge Edmund A. Sargus, Jr.

The first trial date has been postponed several times and the COVID-19 pandemic has delayed it further. Steven Johns becomes the first Bard plaintiff to stand trial.

John’s lawsuit alleges he suffered serious complications after his surgeon implanted the Bard Ventralight ST Mesh in him. After his first operation, he suffered from pain, a recurrence of the hernia and adhesions. He had to undergo surgery to remove the original mesh and replace it with another Ventralight ST.

The processes were originally scheduled to start in May 2020. Then they were postponed to September 2020. Due to the COVID-19 pandemic, however, Judge Sargus postponed the first trial date to January 11, 2021.

In a pre-trial ruling dated August 14, 2020, Judge Sargus determined that by the time the first case was heard, there may be 10,000 lawsuits against Bard. The hearing can be rescheduled if the court has a scheduling conflict.

The plaintiffs filed a motion to exclude Dr. Yuri William Novitsky and Dr. David B. Renton. Judge Sargus partially granted the application by decision of September 11, 2020. He decided that the defense assessors could not say that the device was “in no way defective” or that the warnings about the risk of complications were sufficient.

Injured by complications related to the hernia mesh?

Ethicon

The Johnson & Johnson subsidiary Ethicon will face 3,128 Physiomesh hernia mesh complaints from October 2020. Judge Richard Story is directing these cases in the Northern District of Georgia.

Four lead cases were selected in September 2020. These include lawsuits from Diane and Jim Crumbley, Danielle Guffy, James Bovian, and Jeffrey Smith.

The Crumbleys’ lawsuit will be the first to be brought to justice. Jim Crumbley had an Ethicon Physiomesh implanted in 2014. His lawsuit alleges he had a second operation because of complications and is still having complications.

The process is scheduled for January 25, 2021 and is expected to take two to three weeks. The second guideline begins on March 29, 2021, the third on June 7, 2021 and the fourth trial date has not yet been set.

Atrium

As of October 2020, 2,378 Atrium C-QUR mesh lawsuits are pending in an MDL in New Hampshire Federal Court before Judge Landya B. McCafferty.

The first guideline was originally planned for May 2020. In April, Atrium requested that the hearing be postponed to 2021 due to the pandemic. The judge granted the request.

Carrie Barron’s lawsuit will be the first and will be heard on January 20, 2021. Before the trial, however, according to a status agenda, the plaintiffs and defendants have until October 26, 2020 for a possible settlement conference on October 1, 2020.

Judge McCafferty indicated that the Barron Trial can be carried out using technology that allows all parties to participate remotely and address any issues related to the pandemic. As soon as the plaintiff and defendant have made their recommendations, the judge will decide on them.

The next leading case will be the case of Martha Luna.

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