Amid the on-going coronavirus pandemic, the first bellwether trial involving polypropylene hernia mesh products manufactured by C.R. Bard, Inc. and its Davol, Inc. subsidiary has been delayed to September 2020.
Earlier, U.S. District Judge Edmund A. Sargus identified three cases that were expected to go to trial in May 2020, July 2020, and September 2020. According to the new pretrial order issued on April 24, the first trial will now not start until September 2020, and it could be delayed further until 2021, as requested by both the parties initially.
Judge Sargus, in the pretrial order, stated that the court will closely monitor the current situation and be in touch with the parties about the September 29, 2020 trial date. The court might also reconsider the date if the situation does not improve.
A telephone conference has also been scheduled for May 21, during which the court will update the parties regarding the second and third cases selected for the bellwether process.
Currently, Bard is facing more than 6,800 product liability lawsuits, but according to recent court records, around 500 new cases are being filed each month throughout the federal court system. The lawsuits involve plaintiffs alleging that they suffered painful and debilitating complications following the use of its mesh products.
Bard hernia mesh claims are consolidated under federal multidistrict litigation (MDL No. 2846; In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation) in the Southern District of Ohio, presided by Honorable Edmund A. Sargus, Jr., and Honorable Kimberly A. Jolson.