First Federal Bellwether Trial Set in Strattice Mesh Case

First Federal Bellwether Trial Set in Strattice Mesh Case

Introduction

Lawyers involved in federal Strattice hernia mesh litigation are scheduled to meet with the presiding judge in the U.S. District Court for the District of New Jersey to discuss preparations for the first in a series of early test trials.

The court has indicated that the first bellwether trial is expected to begin by February 2026.

Background on Strattice Mesh and Allegations

The Strattice Reconstructive Tissue Matrix, introduced in 2008, is a hernia mesh product derived from porcine (pig) skin. The material is preserved in a phosphate-buffered aqueous solution and marketed as a cross-linked graft device. This cross-linking chemically binds proteins in the tissue to strengthen the mesh.

However, in recent years, the product’s safety has come under scrutiny. Dozens of lawsuits have been filed against the manufacturer, LifeCell Corporation, alleging that the mesh increases the risk of serious complications, such as infections, foreign body reactions, and other injuries. Plaintiffs argue that the mesh was defectively designed and marketed without adequate warnings.

FDA Reports and Litigation History

According to the U.S. Food and Drug Administration (FDA), more than 450 medical device reports involving the Strattice mesh were filed between 1990 and 2020. These included at least six reports of patient deaths, 340 injury reports, and 107 mesh malfunction incidents.

While most lawsuits have been centralized in a New Jersey state-level multicounty litigation (MCL), a significant number of claims have also been filed in federal court, where LifeCell is headquartered. These federal lawsuits have now been consolidated in the District of New Jersey.

Timeline for Upcoming Bellwether Trials

U.S. Magistrate Judge overseeing the federal litigation recently issued an amended case management order setting forth deadlines leading up to the first trial. A status conference will initiate the next phase of pretrial activity. Dispositive and expert motion opening briefs are due by August 5, with responses due by September 5, and replies by September 15. Separate expert motion briefs must be filed by September 25, followed by responses on October 17 and replies by October 28.

While the date for the second bellwether trial has not been finalized, it is expected to occur at least four months after the first.

Impact and Future of Litigation

The bellwether trials aim to provide insight into how juries may respond to recurring themes in the litigation. Though their outcomes will not be binding on other cases, they could influence potential Strattice hernia mesh settlements. If no settlement is reached, unresolved claims may proceed to individual trials.