2024 Bard Litigation Updates
Current Update As of October 2, 2024
On October 2, 2024, BD, Becton, Dickinson and Company also known as the parent company for C.R. Bard, Inc. and Davol, Inc., announced a confidential aggregate hernia mesh settlement intended to resolve the vast majority of cases in both Rhode Island State Court and Federal MDL Court in the Southern District of Ohio. The settlement specifics will be forthcoming; however, the program is intended to cover the approximately 25,000 plaintiffs in the MDL and Rhode Island Courts and the more than 30 separate Bard hernia mesh products.
Please continue to keep us updated on any changes in your health related to your hernia mesh. Any records or images you wish to add to your file can be sent to records@hollislawfirm.com. Please also keep us updated as to any changes with your contact information. If you have any further questions, please contact us at (913) 385-5400 or email your attorney at attorneys@hollislawfirm.com.
July 6, 2024 Update
On July 6, 2024, in response to two motions filed jointly by the Plaintiffs’ Steering Committee (PSC) and Counsel for the Defendants C. R. Bard, Inc. and Davol Inc., Judge Sargus entered two Case Management Orders (CMOs):
- CMO 52: “Stay Order” prescribing a limited Stay that pauses or suspends any proceeding or action, including the discovery, of all cases filed directly in or transferred to the Bard MDL before July 6, 2024 (the date of the Stay Order), until further notice by the court.
- CMO 53: “Docket Control Order” is a type of “Lone Pine Order” that require the plaintiffs whose cases are not subject to the aforementioned “Stay Order” to comply with a list of more stringent requirements to furnish fundamental evidence of their claims, including the production of case-specific expert reports concerning the specific causation between the Bard Hernia Mesh Products and plaintiffs’ alleged injury within 60 days of service of complaints or after an order lifting the “Stay Order” in CMO 52.
It is worth noting that the parties stated in the joint motions that they are proposing the aforementioned two CMOs as the result of the ongoing and not yet completed mediation mandated by CMO 51 and 51-A.
March 1, 2024 Update
On February 1, 2024, Judge Sargus issued Dispositive Motions Order No. 9 in response to Defendants’ January 12, 2024 Motion for Summary Judgment on all plaintiff’s claim, and granted summary judgement in defendants’ favor on the majority of the claims including the failure to warn claim, negligent/fraudulent misrepresentation/fraudulent concealment/fraud claims, breach or express/implied warranty claims, and intentional infliction of emotional distress claim. The effect of the order essentially struck the aforementioned claims from plaintiff’s complaint and they are no longer part of the triable issues in the Fourth Bellwether case because the court believes that no material issue of fact exists in those claims to be decided by a jury. The remaining claims in the Fourth Bellwether case are the strict liability design defect, negligence, gross negligence, and punitive damages, on which Judge Sargus reserved his ruling in the order.
Later that same day, Judge Sargus also ruled on the Motion for Entry of Case Management Order (“CMO”) Governing the Future Management of Cases and Potential Remand filed by the Plaintiffs’ Steering Committee (“PSC”) in CMO 50, where he denied the PSC’s motion and further vacated the trial scheduling order for the Fourth Bellwether case. This means that the Fourth Bellwether Trial in MDL 2846 has been cancelled.
On February 29, 2024, Judge Sargus issued an updated Mediation Scheduling Order under CMO 51-A that prescribed an in-person mediation between representatives for the parties on March 25 and March 26, 2024, with mediator John Jackson, who was previously appointed as settlement special master. Unless the parties reach an agreement or stipulate to extend the negotiation, the order states, they shall report an impasse by May 24, 2024. If the result is ultimately an impasse, meaning the parties cannot come to an agreement for the resolution of these cases, the parties will stipulate a plan for continuing litigation including suggestions for remand by June 24, 2024.
2023 Bard Litigation Updates
November 8, 2023: Third Bellwether Trial
As it relates to MDL 2846, the third Bellwether trial in the case of Stinson v. Davol, Inc., et al. (18-cv-1022) began on October 16th, 2023 in the United States District Court, Southern District of Ohio. The trial is scheduled for four weeks, lasting from Monday to Thursday each week, with two weeks allocated for each side, the Plaintiff side representing Mr. Aaron Stinson and the Defense side representing Bard and Davol. As the trial progresses each week, each party will introduce evidence to try and prove their case to the jurors. The first two weeks of trial concluded with jury selection followed by opening statements from the Defendant and the Plaintiff in the case.
Continue to check our website periodically for updated information on the third Bellwether trial.
Day 16, November 8, 2023: After closing statements by the parties, the jury returned a verdict in favor of the Plaintiff awarding $500,000.00 in damages to Mr. Aaron Stinson. The jury found that Bard was liable for their failure to warn the Plaintiff’s doctors about the potential risks of the hernia mesh product. The Plaintiff did not prove malice or design defect in their case.
Day 15, November 7, 2023: Defense witness Dr. Maureen Reitman continued her testimony and was then cross-examined by the Plaintiff. This was followed by redirect and re-cross examination by each the parties. The jury was then dismissed and court was adjourned.
Day 14, November 6, 2023: Defendants called Dr. Stephen Badylak to the stand. Dr. Badylak is a Professor of Surgery and the Deputy Director of the McGowan Institute for Regenerative Medicine and has testified extensively on biomaterials and their safety in medical applications. After extensive examination by both parties, Dr. Maureen Reitman took the stand and testified, in part, about biocompatibility. Trial was adjourned for the day prior to Dr. Reitman’s cross examination.
Day 13, November 2, 2023: The Plaintiff continued to cross examine Ms. Whitehead, followed by redirect and re-cross examination by each the parties. Next, the Defendants called Dr. Fredrick Radke, a General Surgeon, by way of video deposition. Dr. Radke was examined by the parties. Before the court adjourned for the day, Defendants called Dr. Donna-Bea Tillman to the stand followed by cross examination, redirect and re-cross examination by each of the parties. Dr. Tillman is a Senior Consultant with Biologics Consulting Group and former director of the FDA CDRH Office of Device Evaluation.
Day 12, November 1, 2023: Defendants first called Dr. Robert Tucker, a pathologist, to testify on alternative causes to the Plaintiff’s injuries. After extensive examination by both parties, Ms. Lori Whitehead took the stand. Ms. Whitehead worked as a Marketing Director for Davol, Inc., and has knowledge of the device implanted in the Plaintiff. Court concluded for the day following cross examination by the Plaintiff.
Day 11, October 31, 2023: Defendants continued their examination of Dr. B.J. Pomerants, followed by cross examination by Plaintiff, and concluded the day with redirect and re-cross examination by each of the parties.
Day 10, October 30, 2023: The Plaintiff, Mr. Aaron Stinson, took the stand and gave his testimony. Defendants cross examined Mr. Stinson which was by redirect and re-cross examinations by each of the parties. Next, Mr. David Calabrese, a former vice president of sales and marketing for Bard, was called by the Plaintiff. After cross and redirect, the Plaintiff concluded their portion of the trial. Defense then moved for judgement as a matter of law. This type of motion is not atypical and is an attempt to conclude the case procedurally. Defense attorneys called Dr. B.J. Pomerants to the stand.
Day 9, October 26, 2023: Defendants continued their cross examination of Dr. Grischkan, followed by redirect and re-cross examination by each of the parties.
Day 8, October 25, 2023: The Plaintiff continued the direct examination of Dr. Grischkan followed by cross examination by the Defendants.
Day 7, October 24, 2023: Defendants continued to examine Mr. Darois, followed by re-cross and redirect examination by each the parties. Next, Plaintiffs’ attorney called Dr. Frederick Littlejohn, a board-certified anesthesiologist with a subspecialty certification in Pain Medicine, by way of video deposition. Dr. Littlejohn was examined by the parties. Before the court adjourned for the day, Plaintiff called its key expert Dr. David Grischkan, a board-certified general surgeon specializing in the repair of hernias.
Day 6, October 23, 2023: Plaintiff’s attorney called of Mr. Rogers Darois, a former Vice President of R&D and Research and Advanced Technologies at Davol, Inc., to testify on the risks associated with its Perfix Plug devices, and Defendants’ knowledge of the risks during the times the companies and their employees or agents promoted and sold the devices to physicians and the public at large. Mr. Darois was subsequently examined by Defendants’ attorney, Mr. Eric Alexander.
Day 5, October 20, 2023: Plaintiff’s attorney called witness Dr. Amy Tan, the surgeon who implanted the extra-large Perfix Plug to repair Plaintiff Mr. Stinson’s right inguinal hernia in 2015. Dr. Tan was cross examined by defense attorney and redirected by Plaintiff. Next, Ms. Gail Stinson, the spouse of the Plaintiff, was called to testify before the jury. Ms. Stinson was examined by the Plaintiff and the Defendants. Before the court adjourned, Plaintiff called Dr. David Ciavarella by way of video deposition, who is the Vice President in Medical Affairs at Becton Dickinson and former Vice President in Corporate Clinical Affairs for Defendant C.R. Bard, Inc.
Day 4, October 19, 2023: Plaintiff’s attorney called its regulatory expert, Dr. David Kessler, a former FDA Commissioner, to provide opinion concerning the 510(k) premarket notification and the labeling of medical devices. Dr. Kessler was cross examined by the defendants, and subsequently redirected and re-crossed by the parties. Defense filed a motion, which was ultimately granted by the court, to exclude Dr. Dipak Panigraphy’s testimony.
Day 3, October 18, 2023: Plaintiff’s attorney continued the direct examination of Dr. El-Ghannam, followed by the cross examination by defense attorney, and the subsequent redirect and re-cross examinations of Dr. El-Ghannam. Next, Plaintiff called Dr. Amit Badhwar, the director of Scientific Affairs for Defendant Davol, Inc., by way of video deposition. Mr. Badhwar was cross examined by the defense attorney and redirected by Plaintiff.
Day 2, October 17, 2023: Plaintiff’s attorney called the first witness, Mr. Stephen Eldridge, a Senior Research and Development (R&D) Manager at Becton Dickinson, the parent company of the Defendants, C. R. Bard, Inc. and Davol, Inc., by way of video deposition, and questioned Mr. Eldridge on Defendants’ knowledge related to the safety of the polypropylene used in the Perfix Plug devices. Subsequently, Mr. Eldridge was cross examined by defense attorney Mr. Eric Alexander, followed by a sequence of redirect and re-cross examinations by the parties. Before the court adjourned for the day, Mr. O’Brien called Dr. Ahmed El-Ghannam, the Plaintiff’s expert witness in biomaterials and bioengineering.
Day 1, October 16, 2023: Voir Dire (jury selection) began, and 8 jurors were selected. The preliminary jury instructions were read after the jurors were sworn in, followed by the opening statement by Plaintiff’s attorney, Mr. Timothy O’Brien and Defendants’ attorney, Mr. Michael Brown. These opening statement are designed to give a preview of the overall case and provide a general road map to the jury regarding what to expect during the trial.
September 14, 2023 Update
As we grow closer to the confirmed third Bellwether trial in the case of Stinson v. Davol, Inc., et al. (18-cv-1022), the overall litigation continues to progress. In the last month, over 100 cases have been filed, making MDL 2846 the 4th largest MDL in the country with a total count of over 20,100 lawsuits. In a new Case Management Order, both parties have been given a deadline of September 27th to submit all completed discoveries and any additional expert depositions. With this imposed deadline, we can finally look forward to October 16th without any delays or postponements. Aside from the Stinson trial, the Case Management Order has disclosed a potential fourth Bellwether trial in the case of Bryan v. C.R. Bard Inc., et al. (18-cv-1440) which is tentatively scheduled for early 2024. As we go through the third Bellwether trial, more information will begin to unravel about the fourth Bellwether trial.
July 7, 2023 Update
As you may recall, the third Bellwether trial in the case of Stinson v. C.R. Bard is scheduled for October 16, 2023 due to the plaintiff’s surgical intervention which took place on May 10, 2023. Given the amount of work that would have been required by the parties and the Court in such a short amount of time before the final pretrial conferences, the timeline was not plausible with the previously scheduled trial date of May 15, 2023. Motions have been filed by the defense alleging the plaintiff’s case was no longer an appropriate test case and not representative of the entire pool of cases. Thus, the defense asked the Judge to replace the Stinson case with a new bellwether case that would be more accurately representative of an entire pool of cases in MDL 2846. The defense has made motion after motion, and after hearing both sides, all motions have been largely denied by the Judge. We will continue as planned with the scheduled third Bellwether trial date unless new developments arise.
March 27, 2023 Update
As it relates to the third Bellwether Plaintiff, Mr. Stinson’s on-going medical care and the surgical intervention likely in April, the Court has expressed concerns about surgery occurring so close to trial. Due to the amount of work that will need to be done by the parties and the Court in such a short amount of time before the final pretrial conferences, the timeline is unfeasible. The stakes would be too high to rush the parties and the Court to trial, especially if the Plaintiff’s medical conditions are consistently changing. With this being said, the third Bellwether trial in the case of Stinson v. C.R. Bard–originally set to go to trial on May 15, 2023–has now been rescheduled to begin October 16, 2023. With this timeframe, the parties will have more time for additional fact and expert discovery, motions, pretrial exchanges, and rulings from the Court.
Other Updates from 2023
May 2023:
- The Plaintiff will have a chance to serve any objections to Defendants’ exhibit list.
- All unresolved objections and proposed case-specific jury instructions will need to be submitted to the Court.
- The final First and Second Pretrial Conferences are set to be held.
- The third Bellwether Trial Case, in the case of Stinson v. Davol, Inc. et al., is finally heard.
April 2023:
- Both parties will have a chance to serve their objections to each other’s page/line counter-counter-designations; resolve any objections; exchange and submit their proposed voir dire questions; and finally serve their proposed jury instructions to each other.
- The Defendants must have their exhibit list served, including any objections to the Plaintiff’s exhibit list.
- All designations and objections will need to be submitted to the Court.
March 2023:
- The parties will serve their page/line counter-counter designations of deposition testimony and objections to the other party.
- The Plaintiff will have their exhibit list served first.
February 2023:
- Both parties must serve their Witness lists this month.
January 2023:
- Responses in opposition to motions in Limine will be filed this month.
2022 Bard Litigation Updates
December 21, 2022 Update
As we continue to move forward in MDL 2846 with the third Bellwether trial set to begin on May 15, 2023, a timeline of deadlines is set in place for the upcoming trial. The following deadlines are as follows:
November 21st, 2022 Update
As it relates to the third Bellwether trial, in the case of Stinson v. Davol, Inc. et al, the original trial date of February 21, 2023 has been rescheduled. Due to ongoing health issues with the Plaintiff, the trial is now set to begin on May 15, 2023.
October 4th, 2022 Update
As the first Bellwether trial for the Rhode Island State Court wins with a victorious verdict in favor of the Plaintiff, we turn our attention to the emerging details of the litigation for MDL 2846. As it relates to the third Bellwether trial, in the case of Stinson v. Davol, Inc. et al, the scheduled trial date is set to begin on February 21, 2023. As Bard hernia mesh products continue to fail, resulting in additional surgeries and/or treatment, the size of the litigation continues to increase. As a result, MDL 2846 currently has over 17,000 pending product liability lawsuits.
With the Bellwether trial set to begin on February 21, 2023, each side will get a total of 35 hours of trial time which should give us a trial of about 3 weeks. Final Daubert motions are due by October 7, 2022. Our hope is that the Bellwether trial can provide the defendants and the rest of the Bard plaintiffs with enough information to allow meaningful settlement negotiations.
September 2nd, 2022 Update
As it relates to the Rhode Island State Court litigation in the case of Paul Trevino, et al. v. Davol Inc. and C.R. Bard Inc., a Rhode Island jury listened to opening arguments beginning July 28th, 2022. This marks the first state bellwether trial regarding the Ventralex hernia patch, a polypropylene hernia mesh containing an expandable ring. The trial consisted of roughly four weeks of testimony. We are pleased to report the final verdict resulted in favor of the Plaintiff. The jury found C.R. Bard and Davol Inc. liable to the plaintiff, Mr. Trevino, and awarded him a $4.8 million verdict. In addition to the jury finding C.R. Bard and Davol Inc.’s hernia mesh to be defective, it was also found that the manufacturer failed to warn the public of the defect.
As it relates to MDL 2846—the third bellwether trial in the case of Stinson v. Davol, Inc. et al.—a trial date is scheduled to begin on February 23, 2023. Whereas the fourth bellwether trial in the case of Bryan v. C.R. Bard, Inc., et al. is set to begin on May 15, 2023.
August 19th, 2022Update
As it relates to the MDL 2846; As we continue to prepare and strategize a game plan for the next bellwether trial, newly developed information has come to light as it relates to the projected trial dates. The third Bellwether trial, in the case of Stinson v. Davol, Inc. et al: the scheduled trial date is set to begin on February 23, 2023. Whereas, the fourth Bellwether trial, in the case of Bryan v. C.R. Bard, Inc. et al: the scheduled trial date is set to begin on May 15, 2023. We will continue to work diligently on your case and will keep you apprised of any updates or changes.
As it relates to the Rhode Island State Court Consolidation; A Rhode Island jury listened to opening arguments beginning July 28th, 2022 in the first state bellwether trial over a popular hernia mesh, Ventralex, a polypropylene hernia mesh that contains an expandable ring. This Bellwether trial is underway and will continue to be in session for a few more weeks. These trials are projected to last between 6 – 8 weeks.
July 1st, 2022 Update
In the case of Stinson v. Davol Inc. et al. involving the extra-large Perfix Plug device, used to repair inguinal hernias—was selected as Bellwether Trial Case No. 3. The Courts have pushed out the predicted date for the third Bellwether trial to now begin late fall or early winter of 2022. In the meantime, MDL 2846 has grown to have over 16,000 pending cases by plaintiffs around the country alleging that they suffered various injuries and complications from the defective design of Bard’s hernia mesh implants.
May 20, 2022 – Frequently Asked Questions from the Second Bellwether Trial
Since the conclusion of the second Bellwether trial, we have been receiving a lot of questions pertaining to “what’s next?” Here are a few answers to your Frequently Asked Questions:
Q: What happened as it relates to the second Bellwether trial?
A: Please refer back to April 18th, 2022 update.
Q: What happens now?
A: Our Plaintiff attorneys will continue to negotiate with the Defendants for a possible resolution as we prepare of the third trial case. Our hope is that the continuing bellwether trials will give our plaintiff teams’ attorneys significant leverage and provide defendants with enough information to allow for meaningful settlement negotiations.
Q: When is the next Bellwether trial?
A: If there is not a global Bard settlement, our attorneys would expect the next trial date predicted for the fall.
Q: When do you advise me to call back for an update?
A: You should expect an update in late summer/early fall (around August) unless there are changes in your health that your paralegal should be made aware of.
Q: Who gets to pick the next trial case?
A: Our Plaintiff attorneys have the next trial case pick for the third Bellwether trial.
Q: Is there anything you need from me?
A: Please continue to keep us up to date as it relates to your health. If you have upcoming appointments, consultations, or surgeries related to your mesh injuries please provide those dates and the outcome of your appointments. Send any and all physical therapy or pain management reports and/or medical records related to your mesh complications to your paralegal at records@hollislawfirm.com. If your contact number, mailing or email address changes; please call (800) 701-3672 or email your paralegal at christina@hollislawfirm.com to update your file.
April 22nd, 2022 Update
The third Bellwether trial case, involving a Perfix Plug, is scheduled for late summer or early fall of this year. Attorneys will continue to negotiate with Defendants for a possible resolution as we move forward with preparation of the third trial case. Our hope is that the continuing bellwether trials will give our plaintiff teams’ attorneys significant leverage and provide defendants with enough information to allow for meaningful settlement negotiations.
April 18th, 2022 Update
In the Bellwether case of Antonio Milanesi et al. vs. Davol Inc./C.R. Bard Inc., the trial consisted of roughly four weeks of testimony and the jury, we are pleased to report, it has come to a final verdict in favor of the Plaintiff. This is C.R. Bard/Davol, Inc.’s first loss in MDL 2846 resulting a dangerous and design defect from their hernia mesh products. The jury found C.R. Bard/Davol Inc. liable to this individual with a $250,000 verdict for the plaintiff on his defective design claim and $5,000 to his wife for her loss of consortium case. This was a good development as we know that C.R. Bard/Davol Inc. can be held liable for their hernia mesh products especially when they cause an injury like what the Plaintiff has suffered.
April 15th, 2022 Update
As we come to a close of the second Bellwether trial with the defendants resting their expert and defense testimonies, we now lay the case to the jury for deliberation. Since April 14th, 2022, the jury has been in deliberation. We were hoping to come to a close today as this would be a great day to end the week, but unfortunately we will have to await for the big verdict day next week. We will continue to keep everyone closely updated as the Bellwether trial continues on Monday.
April 8th, 2022 Update
The Plaintiff lawyers finished week three of the second Bellwether trial strong, as the last of expert and Plaintiff testimony was concluded. Defense has begun calling their first witnesses to testify against the Claimant in this case. This process will continue through next week.
April 1st, 2022 Update
As it relates to the second Bellwether Trial, we are off to a very good start. A jury has been selected to move forward and both parties from each side commenced opening statements and testimonies from expert witnesses.
March 21, 2022 Update
The second Bellwether Trial: in re: Milenasi vs. Davol Inc./C.R. Bard, Inc. is in session as of today, Monday, March 21, 2022, at 9:00 a.m. EST. These trials are projected to last between 6 – 8 weeks.
March17, 2022 Update
The Plaintiff attorneys are in preparation of the second Bellwether case which is still scheduled and moving forward for trial on Monday, March 21, 2022, at 9:00 a.m. EST. We will start receiving trial updates in a few weeks.
February 17, 2022 Update
The second Bellwether Trial case is still scheduled to begin on Monday, March 21, 2022, at 9:00 a.m. EST.
January 17, 2022 Update
The lead defense counsel was injured over the holidays and the Judge has postponed the trial to give the Counsel time to recover from his injuries. The second Bellwether Trial case has now been rescheduled to begin on Monday, March 21, 2022, at 9:00 a.m. EST.
2021 Bard Litigation Updates
December 7, 2021
MDL 2846 in the United States District Court for the Southern District of Ohio:
The first Bellwether trial was scheduled for August 2nd, 2021 and took roughly six weeks for the jury to come to a final verdict. With the defense selecting the first Bellwether case to deliberate and with the lack of injuries the case displayed, it essentially became an uphill battle to present substantial damages. Unfortunately, the jury concluded favoring on the defense side. The Plaintiffs are now moving forward with preparation of the second trial case and significant third-party discovery issues. We feel this will provide strong evidence to support our punitive damages claim. The hope is that the Bellwether trials will provide defendants with enough information to allow meaningful settlement negotiations.
The second Bellwether Trial Case is scheduled for trial on Monday, January 10, 2022, at 9:00 a.m.
State consolidated proceedings pending in the Superior Court of Rhode Island:
Providence, SC with Master Docket No. PC-2018-9999
The Rhode Island trials have been postponed and have not been rescheduled. As you may recall, the first Bellwether trial was scheduled for August 2nd, 2021 and took roughly six weeks for the jury to come to a final verdict. With the defense selecting the first Bellwether case to deliberate and with the lack of injuries the case displayed, it essentially became an uphill battle to present substantial damages. Unfortunately, the jury concluded favoring on the defense side. The Plaintiffs are now moving forward with preparation of the second trial case and significant third-party discovery issues. We feel this will provide strong evidence to support our punitive damages claim. The hope is that the bellwether trials will provide defendants and the rest of the Bard plaintiffs with enough information to allow meaningful settlement negotiations.
Until those bellwether cases are concluded, the Court has stayed action on all other Bard cases in the MDL, including your case. The second Bellwether Trial Case is scheduled for trial on Monday, January 10, 2022, at 9:00 a.m.
