BD Agrees to Settle 38,000 Hernia Mesh Lawsuits

BD Agrees to Settle 38,000 Hernia Mesh Lawsuits

Introduction

Becton Dickinson (BD) has agreed to settle nearly all U.S. lawsuits related to its hernia repair mesh, involving about 38,000 cases, in a settlement jointly overseen by state and federal courts.

The litigation has spanned nearly two decades. While BD did not disclose the settlement terms, the company stated that the amount was covered by the majority of the $1.7 billion it had previously set aside for product liability cases. Payouts are expected to occur over several years, with the first payments scheduled before the end of this year.

Most of the lawsuits are centralized in federal court in Columbus, Ohio, with the remaining cases handled in state court in Providence, Rhode Island. Plaintiffs will have the option to opt out, but their lawyers anticipate high participation rates. BD has not admitted wrongdoing and plans to defend against any remaining claims.

The hernia mesh products, made of polypropylene, were implanted to repair hernias but allegedly degraded in patients' bodies, leading to injuries such as infections, chronic pain, and organ damage. The first cases were filed in 2006 in Rhode Island, where Davol, the original manufacturer, was headquartered. BD acquired Davol's parent company, C.R. Bard, in 2017.

Four cases have gone to trial. Three resulted in verdicts for the plaintiffs, with awards of $255,000 and $500,000 in federal court, and $4.8 million in state court. BD won one trial in federal court.

This settlement is notable for its unique level of coordination between federal and state courts, with special masters appointed by both to administer the claims process, ensuring consistency for plaintiffs regardless of where their case is pending.