Hernia Mesh Class Action Lawsuit Update September 2024

August 26, 2024:

• Bard Hernia Mesh Settlement Anticipation: The Bard hernia mesh litigation remains relatively quiet, with no new docket entries since July 24th. However, rumors of a potential global settlement continue to circulate, suggesting that intensive negotiations are underway behind the scenes.

August 6, 2024 

• Bard Hernia Mesh Lawsuits Continue to Rise: Even as anticipation builds for a potential global settlement, the number of active cases in the Bard hernia mesh litigation keeps increasing. Between July and August 2024, the caseload grew from 23,641 to 23,990, representing an addition of 349 active Bard lawsuits.

July 18, 2024:

• Bard Hernia Mesh Litigation Stayed Pending Settlement: The U.S. District Judge overseeing all federal Bard hernia mesh lawsuits has issued a limited stay on the litigation, pausing all discovery and pretrial proceedings as the parties near a potential global settlement agreement. 

The stay, announced on July 6th, applies to all lawsuits filed before the order date and indicates that these parties cannot engage in discovery, file motions, or seek relief. The stay may be lifted for cases where plaintiffs opt out of the anticipated Master Settlement Agreement.

A separate docket control order was also issued, outlining the requirements for plaintiffs opting out of the settlement or filing new lawsuits after July 6, 2024. These requirements include filing a certification under penalty of perjury, producing early discovery documents, and submitting case-specific expert reports establishing causation. Non-compliance with these deadlines could result in dismissal of their claim.

July 4, 2024:

• Surge in Bard Hernia Mesh Lawsuits Amid Settlement Rumors: The number of active cases in the Bard hernia mesh MDL experiences a substantial increase, rising from 22,896 in June to 23,641 in July. This unusual surge for a MDL that is now over 5 years old may be attributed to speculation surrounding potential settlements.

June 30, 2024:

• Motion to Seal Settlement Terms: Two law firms file a joint motion with Bard to keep the terms of their hernia mesh settlement confidential, arguing that public disclosure could influence ongoing settlement negotiations with other plaintiffs' lawyers.

June 19, 2024:

• Study Raises Concerns About Robotic Hernia Repair: A new study published in JAMA Surgery suggests that patients undergoing robotic hernia repair surgery may face a higher risk of hernia recurrence within 10 years compared to those who undergo traditional procedures.

June 13, 2024:

• Judge Sargus Sets Deadline for Settlement Update: Judge Sargus indicates that, in the absence of a global settlement, he will remand the Bard hernia mesh cases back to district courts for trial. The parties are expected to update the judge on the status of settlement negotiations by June 24.

June 3, 2024:

• Bard Hernia Mesh MDL Continues to Grow: The Bard Hernia Mesh class action MDL experiences continued rapid growth, with 640 new cases added in May, bringing the total number of pending cases to 22,896.

May 31, 2024:

• No Update on Bard Hernia Mesh Settlement Talks: There has been no news on the progress of Bard hernia mesh settlement negotiations. The deadline for submitting joint or separate proposals for remanding cases for trial is June 24, unless a global settlement is reached before then.

April 2024:

• Fourth Bellwether Trial Canceled, Mediation Ordered: Judge Sargus cancels the fourth Bard hernia mesh bellwether trial and orders the parties to engage in several months of mediation to pursue a settlement agreement.

February 22, 2024:

• Bard Wins Partial Dismissal in Fourth Test Case: C.R. Bard Inc. and Davol Inc. secure summary judgment on several tort claims related to the 3DMax hernia mesh device in a bellwether trial. However, critical remaining counts in the complaint are allowed to proceed.

March 5, 2024:

• Mediation Plan and Schedule Issued: Judge Sargus issues an order outlining a mediation plan and schedule to facilitate a Bard hernia mesh MDL settlement. An in-person mediation session is scheduled for March 25 and 26, 2024. If no settlement is reached by May 24, 2024, the parties must submit a plan to advance the litigation.

March 3, 2024:

• Bard Hernia Mesh MDL Grows: The number of filed hernia mesh lawsuits in the MDL reaches 21,262, making it one of the most active mass torts.

February 22, 2024:

• Bard Gets Partial Dismissal in Fourth Test Case: C.R. Bard Inc. and Davol Inc. are granted summary judgment on several tort claims related to the 3DMax hernia mesh device in a bellwether trial, but critical remaining counts are allowed to proceed.

2024 Overview:

The C.R. Bard Hernia Mesh MDL, with over 20,000 pending cases as of January 2024, is one of the largest mass tort MDLs involving defective hernia mesh patches. Hundreds of new lawsuits have been transferred into the MDL over the last six months. A settlement is expected to be reached sometime this year.

What Is Hernia Mesh, Anyway?

Hernias can be an uncomfortable and often painful experience, and many individuals undergo surgery to find relief. One common treatment involves the use of hernia mesh implants. However, it's essential to be aware that, in some cases, these implants can lead to complications. If you've had a hernia mesh implant and are experiencing unusual symptoms, it's vital to understand the potential link between your symptoms and hernia mesh complications.

Hernia mesh implants are medical devices used to provide additional support to weakened or damaged tissue. During hernia repair surgery, the mesh is often placed at the site of the hernia to reinforce the area and prevent the hernia from recurring. While hernia mesh is designed to help patients recover more effectively, not all mesh products are created equally, and some can cause complications.

Fill out the form on this page now for more information.

Unusual Symptoms Post-Surgery: Should You Be Worried?

After undergoing hernia surgery, it's typical to experience some discomfort during the healing process. However, certain symptoms stand out as potential red flags for complications related to hernia mesh implants. It's crucial to differentiate these from normal post-operative sensations. Key symptoms to watch for include:

• Chronic Pain: Persistent or intense pain around the surgery site shouldn't be overlooked.
• Infection Indicators: Be alert for signs like redness, swelling, or unusual warmth at the surgery site.
• Hernia Recurrence: If the hernia reappears in the same area, it might be a cause for concern.
• Bowel Obstruction: Difficulty in bowel movements or severe constipation could indicate a serious issue.
• Mesh Migration or Shrinkage: If the mesh shifts or shrinks, it can lead to pain or a return of the hernia.

Types of Injuries Caused by Hernia Mesh

It's unsettling to discover that a solution meant to heal you has become a source of further pain. Infections, mesh migration, and persistent discomfort could signal that your hernia mesh implant might not be performing as it should. According to the FDA, some common complications from defective hernia mesh include:

• Adhesions: These are scar-like tissues that cause different tissues to stick together, often leading to discomfort or pain.
• Fistulas: These abnormal connections between organs or vessels can have serious health implications.
• Perforations: Tears or holes in nearby tissues or organs caused by the mesh can be particularly concerning.
• Autoimmune Reactions: In rare instances, the body may adversely react to the mesh, leading to broader systemic issues.

By understanding these symptoms and potential complications, you can better advocate for your health and seek timely medical attention if needed.

Your Legal Pathway: Understanding Rights and Options

For countless individuals, a hernia mesh implant promised a swift return to normal life after surgery. Yet, many have found their recovery journey halted by unexpected pain and complications. If you've faced abdominal pain, blockages, or any severe adverse effects post hernia mesh surgery, you might be eligible for significant financial compensation. Consulting with a legal professional can provide clarity on your rights and the next steps to take.

Fill out the form on this page now for more information and let's put you on the path to potential compensation. And don't delay – time is of the essence due to statutes of limitations. Your story matters, and your fight for justice is justified.

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Mass torts vs. class actions at a glance

When we're talking about mass tort and class action lawsuits, we're discussing two distinct legal approaches used to handle claims where many individuals are harmed by the same entity or event.

Mass tort lawsuits are a way to handle legal cases where many individuals have been harmed, but each person's situation is distinct. Think of it like a neighborhood where every house has different damage after a storm. In a mass tort, each homeowner would file their own lawsuit, but because the storm is the common factor, the court groups the lawsuits together to manage them more efficiently. The key here is that each person retains their own case and has a say in how it's settled, which reflects their unique damages.

In contrast, class action lawsuits and class action settlements bring people together under a single legal action. It's as if the whole neighborhood decided to sue the storm together, with one or a few neighbors representing everyone's interests. Here, individual control is limited. The representative, known as the lead plaintiff, along with their legal team, makes decisions that affect the entire group. When it comes to the payout, it's typically split evenly, or based on a formula that applies to all members.

What's best for you?

Let's quickly sum up the main points to help you decide which legal route could work better for your situation:

• Control: More personal control in mass torts; limited control in class actions.

• Compensation: Individualized in mass torts; uniform in class actions.

• Applicability: Mass torts fit for varied individual damages; class actions for uniform damages across the group.

• Efficiency: Class actions can be quicker and use fewer resources by combining claims.

So, if you're part of a group that's been wronged and you're thinking about legal action, consider these points. Do you need to maintain control over your case, or are you okay with a representative taking the lead? Do your damages require individual attention, or are they similar enough to others to share in a collective claim? Your answers will help determine whether a mass tort or a class action is the best route for your situation.