Bellwether Trial Of Hernia Mesh MDL Postponed Until May 2023

The United States District Judge presiding over all Bard hernia mesh lawsuits pending in the MDL (multidistrict litigation) has postponed the next bellwether trial until May 2023.

The delay is a result of the court-appointed master, who continues to work with the parties to help facilitate negotiations to settle thousands of claims pending in the federal court system.

Since each of the claims raises similar allegations that plaintiffs suffered painful complications due to design defects associated with certain polypropylene mesh products sold in recent years, including Bard Ventralex, Bard Ventralight, Bard Perfix, Bard 3DMax, and other systems, nearly 18,000 product liability lawsuits are currently pending in the federal Bard hernia mesh MDL, which is centralized before a U.S. District judge in the Southern District of Ohio.

While the parties made some progress last year in negotiating Bard hernia mesh settlements to resolve some state court claims in Rhode Island, following mixed results in the first two federal trials held before the judge, preparations for a third and fourth bellwether trial, which were originally scheduled to begin in February and May 2023, were resumed earlier this year. The next Bard hernia mesh trial date has been rescheduled for May 15, 2023, according to the issued order.

The Court made no mention of the reason for the delay or when the fourth trial, previously scheduled for May 2023, will now begin. The order, however, comes just weeks after a Bard hernia mesh settlement master was appointed to work with the parties in the lead-up to the next trial.

Although the results of early bellwether trials in the federal MDL will not be binding on other claimants, they are intended to help the parties gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation, as well as determine the potential amounts of Bard hernia mesh lawsuit payouts that may be awarded if each claim goes to trial.

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