In an order issued on September 12, Judge Pamela Reeves of the U.S District Court for the Eastern District of Tennessee allowed product liability claims by Plaintiff Martha Karen Jones against Davol, Bard in Davol Dulex hernia mesh case to proceed.
However, the breach of warranty claim has been time-barred since it was not filed within the four-year statute of limitations period. The plaintiff underwent hernia surgery in 2008. Later, in 2012, the mesh got infected and had to be removed requiring additional surgeries until May 2017. Jones then filed a complaint against C.R. Bard and Davol for false marketing the defectively designed hernia mesh.
Lawsuits linked to hernia mesh complications are expected to go to trial in 2019. The multidistrict litigation (MDL No.2782; In Re: Ethicon Physiomesh Flexible composite Hernia Mesh Products Liability Litigation) was formed in June 2017 before U.S. District Judge Richard Story in the Northern District of Georgia.