Court Rules Against “Lifesaving Device” Claims for Hernia Mesh

In a recent court ruling C.R. Bard was told they cannot argue their hernia mesh implant is a “lifesaving device” in the upcoming bellwether trial scheduled for January 11, 2021. On Thursday, December 3, 2020, U.S. District Judge Edmund Sargus held that Bard and co-defendant Davol Inc. cannot refer to the Ventralite ST device as “lifesaving” because there is no evidence to support such a claim.

In the order Judge Sargus stated, “Federal courts have permitted lifesaving characterization if there is some evidence in the record to support the label. Defendants point to no such evidence here. If defendants can point to testimony that stands for the proposition that untreated hernias may cause death, the court will revisit this ruling.”

After numerous COVID related delays, the first hernia mesh bellwether trial is set to take place in the case of Steven Johns who filed suit against Bard and its Davol subsidiary in October 2018 alleging the companies knew and concealed the Ventralite ST mesh is not a viable long-term hernia treatment because the “Sepra Technology” breaks down and is absorbed into the body too rapidly, undermining its effectiveness.

Johns v. C.R. Bard is the first bellwether case to go to trial after being selected from thousands of cases against the company. The litigation was consolidated by the Judicial Panel on Multidistrict Litigation into MDL 2846 before Judge Sargus in the U.S. District Court for the Southern District of Ohio.

Common Injuries Related to Hernia Mesh Implants

Hernia repair surgery is one of the most common surgeries in the U.S. with over 700,000 operations being performed every year. Sometimes complications arise after surgery leading to serious injuries if the mesh is defective.

During hernia repair surgery the hernia is removed or pushed back into the abdomen. The surgeon then closes the weakened abdominal muscles with a piece of mesh made of synthetic plastic called polypropylene that is sewn into place to strengthen the abdominal wall.

Patients who have undergone surgery to repair a hernia may experience some complications if the mesh fails to adhere or slips out of place. According the U.S. Federal Drug Administration (FDA), the most common problems after hernia mesh surgery include the following:

  • Pain
  • Infection
  • Hernia recurrence
  • Adhesion
  • Bowel obstruction
  • Mesh migration
  • Mesh shrinkage or contraction
  • Hernia Mesh Recalls

Across all U.S. manufacturers, over 200,000 units of hernia mesh were recalled between 2005 and 2018 due to mesh failures and related injuries to patients. Manufacturers recall their products if they discover a problem or if doctors and patients report serious issues and complications related to the defective product. Oftentimes complication arise when defective mesh was used during the surgery. Some brands of surgical mesh have been recalled due the high failure rate and manufacturing defects.

Case Works is assisting some of the leading firms in the hernia mesh litigation with case development and processing. If your firm is looking for a partner law firm to assist with settlement discussions, we can help you get connected to the leading law firms in the industry.

If your firm needs help getting hernia mesh claims prepared for settlement, click the button below to get in touch. The Case Works Essure Team is specially trained to work with victims to maximize the value of their claim. As a seamless extension of your firm, our Hernia Mesh Team will ensure your clients receive exceptional service and the care they deserve. We can help your firm get claims proven up and ready to settle.

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