U.S. District Judge Landya McCafferty of the United States District Court for the District of New Hampshire, overseeing all Atrium C-Qur hernia mesh lawsuits, rescheduled the first bellwether trial of the multidistrict litigation (MDL) to begin on July 7, 2021.
The proposal was sent in last week through a joint agenda by the parties involved in the litigation, indicating that they are optimistic that the case will proceed in-person before a jury. The parties also noted that they will revisit the logistics if the in-person trial becomes unmanageable.
The trial was initially scheduled for May 2020 but due to the on-going COVID-19 pandemic, the trial was delayed several times.
The result of this trial and other upcoming trials will not hold an obligation on other cases and will be closely monitored by the parties as it would influence settlements for the plaintiffs, helping avoid the need for individual trials nationwide in the coming years.
Currently, more than 2,500 hernia mesh lawsuits are pending against Atrium in the federal court system, each raising similar allegations that the C-Qur mesh has design defects and was unreasonably dangerous, and increased the need for additional corrective surgeries to remove or replace the patch.
Apart from Atrium C-Qur, other products, which include Ethicon Physiomesh, Bard Polypropylene Mesh, and Kugel Patches have also been alleged to cause similar complications.