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MDL 2846 and RI State Court Consolidation

Bard Litigation: Keeping You Updated

Defective Devices / November 10, 2021

At Hollis Law Firm, we strive to keep you updated on current and upcoming cases. This page serves to keep Bard clients updated on the current happenings within the Bard litigation. We will be updating this page as more information becomes available regarding both the Federal MDL and Rhode Island State Court Consolidation.

 

On April 10, 2018, the Hollis Law Firm and three other law firms filed a joint motion to consolidate all Bard polypropylene hernia mesh cases filed in federal courts nationwide. The initial filing by the plaintiffs indicated that 54 cases were pending in 17 different states nationwide. Attorneys for Bard replied less than one month later, noting the number of cases filed in federal court had surged to nearly 100. On August 2, 2018, the Judicial Panel on Multidistrict Litigation (JPML) held that “[a]ll of the actions share common factual questions arising out of allegations that defects in defendants’ polypropylene hernia mesh products can lead to complications when implanted in patients, including adhesions, damage to organs, inflammatory, allergic, and foreign body responses.”

The JPML then consolidated all federally filed Bard polypropylene hernia mesh cases to create IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation (MDL 2846) and transferred all cases to Chief Judge Edmund A. Sargus, Jr. and Magistrate Judge Kimberly A. Jolson in the Southern District of Ohio, Columbus Division. C. Brett Vaughn of the Hollis Law Firm was appointed to the Plaintiff’s Executive Committee and as co-chair of the Science and Expert Committee for the Bard hernia mesh MDL. There are currently over 10,000 polypropylene hernia mesh lawsuits filed in the Bard MDL.

 

Below are MDL updates as of November 10, 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.

 

 

We will continue to work diligently on your case and will keep you apprised of any updates or changes. Please continue to keep us updated on any changes in your health related to your hernia mesh or changes to your contact information. Any records and images you wish to add to your file can be sent to records@hollislawfirm.com.
If you have any further questions, please contact us at (913) 385-5400 or email the lead Bard paralegal, Christina Jones at christina@hollislawfirm.com.