Hernia Mesh Litigation Reaches Global Resolution After Seven Years

Hernia Mesh Settlement Brings Relief to Thousands After Years of Litigation

October 3, 2024 — A significant milestone in the Bard hernia mesh litigation was reached this week as a global resolution process was established. This marked a decisive step in resolving tens of thousands of legal claims from plaintiffs who suffered complications after receiving Bard hernia mesh implants. This development follows seven years of intense legal battles, providing a path toward relief for individuals impacted by more than 30 Bard hernia mesh products.

The resolution process, approved by Bard’s parent company, Becton, Dickinson, and Company (B.D.), lays out a multi-year payment structure, with the first installment set to be distributed before the end of the year. The agreement encompasses state and federal claims, including those filed in Rhode Island state court and the federal multidistrict litigation (MDL).

The federal MDL, formally known as IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, centralized tens of thousands of cases in the Southern District of Ohio under U.S. District Judge Edmund Sargus, Jr. Plaintiffs in the MDL have long alleged that Bard’s hernia mesh products caused severe injuries, including chronic pain, infection, and mesh erosion.

The plaintiffs’ lead negotiators, including Don Migliori of Motley Rice, Jonathan Orent, Tim O’Brien of Levin Papantonio, and Kelsey Stokes of Fleming Nolen & Jez, played pivotal roles in crafting the resolution process. Reflecting on the complexity of the negotiations, Migliori highlighted the challenge of coordinating claims across multiple jurisdictions, noting, “This agreement is unique in the way that it creates a path forward for everyone.”

Stokes, a key figure in the litigation, expressed satisfaction with the outcome, stating, “On behalf of the nearly 25,000 MDL plaintiffs, we are pleased that the global resolution and resulting process will afford so many individuals a measure of justice.”

The global resolution follows two significant plaintiff victories in MDL bellwether trials. O’Brien and Stokes led three trials concerning various Bard hernia mesh products, resulting in two plaintiff verdicts. These wins and the $4.8 million compensatory damages awarded in Trevino v. Davol Inc.—the first state trial in Rhode Island—drove Bard toward settlement discussions. Motley Rice attorney Jonathan Orent tried the Trevino case, and the defendant’s appeal was also resolved as part of this global agreement.

“Today’s announcement is a real testament to the resilience and determination of all plaintiffs and the hard work of all parties involved,” added Stokes, emphasizing the long and arduous process endured by both plaintiffs and their attorneys.

The resolution comes as a culmination of years of detailed discovery, including reviewing millions of pages of corporate documents and dozens of depositions. The establishment of the MDL under Judge Sargus and the dedicated efforts of the plaintiffs’ legal teams played a crucial role in steering the litigation to this critical point.

As the global resolution process takes effect, thousands of plaintiffs and their families can begin to see a path toward compensation and closure. More details will be shared with plaintiffs in the coming weeks as the process moves forward.