Hernia Mesh Mass Tort Marketing Campaigns For Lawyers

At the start of the month, 24,102 pending claims were recorded in the Bard MDL, and 1,660 pending claims in the Coviden MDL. 500 cases and 16 cases were recorded for the Atrium C-Qur and the Ethicon Physiomesh MDLs, respectively.

Early in the month, a Sacramento man filed a lawsuit in Contra Costa County, California, against multiple medical device manufacturers, including Covidien Inc., Medtronic USA Inc., and Tyco Healthcare Group LP. The suit alleges that a defective hernia mesh implant caused severe and lasting injuries.

The complaint states that the plaintiff received a Covidien ProGrip Self-Gripping Polyester Mesh during a May 2022 hernia repair surgery. He said the device later caused him to suffer complications such as mesh failure, nerve damage, and chronic pain, which required additional surgeries, including a triple neurectomy and vasectomy to remove the defective mesh.

The lawsuit accuses the defendants of negligently designing, manufacturing, and marketing the mesh while failing to warn of the product’s risks. It also includes claims of medical malpractice against the implanting surgeon and Contra Costa Health. The plaintiff seeks compensatory and punitive damages, arguing that the defendants misrepresented the product’s safety and concealed known dangers.

Running parallel to the Bard hernia mesh litigation, the Covidien hernia mesh litigation continues to gain momentum, with recent developments signaling progress toward resolution.

Judge M. Page Kelly’s Case Management Order 15 has set a clear timeline for pivotal pre-trial activities in 2025, including deadlines for corporate and expert discovery, bellwether trial selection, and pre-trial motions. The first bellwether trials are expected to run late 2025 or early 2026. Because of the severity of the injuries and the alleged design defects, these trials are expected to play a key role in driving settlement discussions and clarifying Covidien’s liability.

The Court has introduced CMO #55, launching the Intensive Settlement Process (ISP) in January 2027 to streamline claim resolution. Special Masters Ellen K. Reisman and John Jackson will lead settlement negotiations and mediations, with quarterly updates to the Court. Plaintiffs must submit detailed settlement packages before conferences. If unresolved by June 2029, claimants can opt out and proceed under docket control orders. Mediation costs will be shared equally between Bard and participating plaintiffs.

November 13, 2024

Claimants seeking faster resolution may now opt for a Quick Pay option. A fixed settlement of $25,000 is available for straightforward cases like those involving a single surgery and less severe injuries. In cases that may lack strong supporting evidence, claimants can receive $2,500.

Claimants with more complex cases have the option of pursuing higher-tier compensation. These payouts can be of significantly higher amounts, depending on the severity of the injuries. However, this option comes with a longer timeline, and it could potentially take two to four years for payouts to finalize.

Each Quick Pay selection reduces the number of lower-value claims in the pool, which then increases the average payout for higher-tier claims. In this redistribution, those with the most severe injuries are allowed to receive a larger portion of the settlement funds.

On October 2, 2024, Becton, Dickinson, and Company (BD), the owner of Bard, announced that it has reached a settlement that is expected to resolve the majority of hernia mesh lawsuits brought against it in the MDL (multi-district litigation) and Rhode Island state court. While no settlement amount has been confirmed, there is speculation that payouts may range between $50,000 and $100,000 per plaintiff. 

The Covidien hernia mesh litigation advances steadily with nearly 1,500 lawsuits, as plaintiff attorneys depose key corporate representatives. Meanwhile, the Bard hernia mesh MDL faces a standstill, prompting one family to request remand to Arizona due to settlement delays and health concerns. Judge Sargus denied this motion, citing the ongoing stay on remand requests.

A new Florida plaintiff joined the Covidien MDL, alleging complications from a Parietex ProGrip mesh implant. Both MDLs continue to grow, with Covidien reaching 1,472 cases and Bard surpassing 24,000.

The hernia mesh litigation rose again in August, with Bard cases totaling 23,990 and the Covidien to 1,410. New cases are coming up, some involving implants that are over ten years old. The recent orders issued by the MDL suggest a worldwide settlement in the offing with a discovery stay and an opt-out provision. At the same time, there are failures in trials in Bard that total up to up to $4 with three consecutive losses.

The hernia mesh MDL saw significant developments with the court approving two key orders. Case Management Order No. 52 imposes a limited stay on all cases, allowing for smooth administration while respecting the terms of the Master Settlement Agreement. Case Management Order No. 53 outlines procedures for plaintiffs opting out of the settlement. These orders indicate a nearing settlement. The number of active cases surged from 22,896 in June to 23,641.

Rumors of confidential settlements continue, with some firms reportedly reaching deals with Bard. A new study in JAMA Surgery highlights issues with robotic hernia repair surgery, showing higher recurrence rates within 10 years. The Bard MDL saw 640 new cases in May, totaling 22,896 pending cases. The Covidien MDL also continues to grow, with new deadlines extending the process further.

Settlement talks are intensifying, with Bard likely picking off law firms one by one. The Bard MDL added 583 new cases in April, bringing the total to 22,256. Covidien MDL sees an extension of deadlines due to significant discovery deficiencies, pushing potential settlements further into the future.

The Bard hernia mesh MDL added 411 new cases, reaching 21,673 pending cases. The Covidien MDL continues with extended deadlines for corporate discovery and expert witness depositions. Settlement talks in the Bard MDL are ongoing, with mediation sessions scheduled for late March to facilitate a resolution.

Settlement negotiations are the focus, with mediation sessions set for March 25-26. The Bard MDL saw a decrease in new case filings, reflecting a slowdown. A jury in New Jersey ruled in favor of LifeCell in a Strattice mesh case, while Covidien was ordered to release unredacted complaint files, moving the litigation forward.

Mediation is scheduled for early March to push for a settlement. The Bryan case trial is canceled to focus on global settlement talks. The Bard MDL added nearly 100 new cases in January, totaling 21,169 pending cases. Covidien faces a new lawsuit over its hernia mesh products, adding to its legal challenges.

The Bard hernia mesh MDL saw an increase of nearly 600 new cases since October, totaling 20,973 pending cases. Plaintiffs’ attorneys push for more trials to pressure Bard into a settlement. Covidien faces a new lawsuit alleging defective hernia mesh, while Bard’s appeal in the Stinson case is denied, maintaining the $500,000 verdict.