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MDL 2846 and RI State Court Consolidation

Bard Litigation: Keeping You Updated

Defective Devices / November 21, 2022

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.

***Update as of November 21st, 2022:

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.

All records or images you wish to add to your file can be sent to the email address: records@hollislawfirm.com. We will continue to work diligently on your case and will keep you apprised of any updates or changes. Continue to check our website periodically for more updated information.

***Update as of October 4th, 2022:

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.

We will continue to work diligently on your case and will keep you apprised of any updates or changes. Any and all records and images you wish to add to your file can be sent to me at this email address: records@hollislawfirm.com.

***Update as of September 2nd, 2022:

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. We will continue to work diligently on your case and will keep you apprised of any updates or changes.

***Update as of August 19th, 2022:

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.  We will keep everyone in the loop as the trial continues, and if any meaningful progress towards settlement is made.

***Update as of August 12th, 2022:

As the litigation prepares for the third bellwether trial projected to begin by the end of this year, a rise in filed cases continue to climb making it over 17,000 cases thus far.  Continue to 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.

***Update as of July 1st, 2022:

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.

Continue to check our website periodically for more up to date information. Otherwise, reach back out to us late November unless you have updates that we should know about.

***Update as of May 20, 2022:

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.

***Update as of April 22nd, 2022:

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.  Please reach back out in the summer on the evolving status of this litigation and emerging details.  If you have any further questions, please let us know.

***Update as of April 18th, 2022:

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.

***Update as of April 15th, 2022:

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.

***Update as of April 8th, 2022:

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.  We will continue to keep everyone updated as the Bellwether trial moves forward.

***Update as of April 1st, 2022:

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.  We will continue to keep everyone updated as we move along.

***Update as of March 25, 2022:

Please refer back to March 21st update. **Please note:  These trials are projected to last between 6 – 8 weeks.**   We will keep everyone updated accordingly.

***Update as of March 21, 2022:

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.   We will keep everyone in the loop as the trial continues, and if any meaningful progress towards settlement is made.

***Update as of March17, 2022:

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. Please reach out to us in May for updates on the trial.

 ***Update as of February 17, 2022:

The second Bellwether Trial case is still scheduled to begin on Monday, March 21, 2022, at 9:00 a.m. EST.

***Update as of January 17, 2022:

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.

 ***Update as of 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.

 

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.