The extraordinary circumstances surrounding the COVID 19 pandemic have affected court proceedings involving hernia mesh litigation.
Thousands of hernia mesh cases have been filed across the country by patients claiming the devices caused serious injury and health complications.
Plaintiffs in the three hernia mesh multidistrict litigations have been anxiously awaiting their day in court, but the COVID 19 pandemic has stalled progress, further delaying bellwether trials.
Federal bellwether cases are carefully selected as representative claims that contain similar characteristics and issues of fact shared by plaintiffs. Their outcomes are used to inform both sides as to the potential value of claims. If the first trials result in large verdicts for the plaintiffs, this typically sets the stage for global settlement negotiations.
Hernia mesh products from a number of manufacturers have been linked to infection, sepsis, fistula development, bowel obstruction, and organ perforation resulting from mesh erosion and migration. Many of these adverse effects have necessitated painful and invasive revision surgery.
Bard MDL bellwether update
The Bard Polypropylene Hernia Mesh Products Liability Litigation is located in the United States District Court for the Southern District of Ohio. The first bellwether trial, originally set to commence on May 11, 2020, was rescheduled for September 29, 2020. The Honorable Judge Sargus, however, announced that the court may postpone the trials until 2021, depending on improvements with the COVID 19 pandemic.
Atrium C-QUR trials delayed
Roughly 2,000 hernia mesh complaints are pending in the Atrium C-Qur multidistrict litigation (MDL No. 2753), located in the United States District Court for the District of New Hampshire. The first bellwether trial was slated to begin on May 20th, but has been pushed back due to ongoing restrictions from the coronavirus crisis. On April 8, the defense filed a motion requesting the Atrium MDL bellwether trials be postponed until January 2021. The court has yet to respond to this request.
Ethicon Physiomesh trial schedule
The Ethicon Physiomesh MDL is proceeding in the United States District Court for the Northern District of Georgia, where some 2,800 cases have been consolidated. The first bellwether trial is still currently scheduled for November 2, 2020, and the second trial is set to start on February 22, 2021.
Explore your legal options
If you suffered complications after surgery with hernia mesh, you may be eligible for legal action. For a private consultation regarding your rights to hernia mesh compensation, contact Showard Law Firm today. The case review is free and legal representation is offered on a contingency basis, which means you owe no fees unless we recover compensation on your behalf.