Updates and Preparations in the C.R. Bard MDL Hernia Mesh Case: Third Bellwether Trial Approaches Amidst Growing Lawsuit Numbers

September 1, 2023

The C.R. Bard Hernia Mesh MDL continues to evolve, with several key updates in the bellwether trials within this MDL. Bellwether trials play a critical role in shaping the course of thousands of pending lawsuits. 


Bellwether trials are test cases used in multidistrict litigation (MDL) to assist in predicting the outcomes of similar future cases. They are typically representative cases chosen from a larger group of lawsuits. The results of these trials can provide insight into how juries might respond to evidence and testimonies, and often guide settlement negotiations in subsequent cases. The third bellwether trial, Stinson v. C.R. Bard, et al. (2:18-cv-01022), is scheduled to begin on October 16, 2023.


The previous bellwether trials have provided valuable insights. For instance, the first, the Johns case, resulted in a verdict favoring the defense. This result suggested that plaintiffs may need to seek additional medical treatment to strengthen their case, a lesson that could potentially influence strategies in future trials.


The third upcoming bellwether trial has seen some recent developments. The plaintiff's lawyers withdrew their manufacturing defect claim, focusing the case on the failure to warn. This decision could streamline the trial and potentially impact the legal strategies of future plaintiffs.


As the third bellwether trial approaches, the number of hernia mesh lawsuits continues to grow. The Bard MDL added nearly 200 new lawsuits last month, bringing the total number of lawsuits in the Bard MDL class action to over 20,000.


In anticipation of this pivotal trial, the MDL Judge issued an order setting deadlines for last-minute discovery related to the plaintiff’s post-operative treatment. This suggests the judge is committed to proceeding with the trial in October without further delays.


The outcomes of these bellwether trials will likely influence the strategies and decisions of both sides in the remaining thousands of hernia mesh lawsuits. They could potentially lead to large-scale settlements if the plaintiffs' claims are validated, or alternatively, they could strengthen the defense's position if the verdicts favor C.R. Bard. If you or someone you know has experienced adverse effects from a faulty Hernia Mesh Product, please reach out to our office for a complimentary legal consultation at 1-888-383-4107.


While this article provides general legal information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer.


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