The Bard hernia mesh lawsuit involves thousands of claims against Bard and its parent company, Becton Dickinson (BD), over injuries allegedly caused by defective hernia repair mesh products. Plaintiffs claim the polypropylene mesh degraded in their bodies, causing severe complications such as chronic pain, infections, organ damage, and the need for additional surgeries.
What Is the Latest Update?
As of October 2024, Bard’s parent company, BD, agreed to a significant settlement to resolve approximately 38,000 lawsuits in the United States. This settlement was reached in coordination with both federal and state courts, including centralized cases in Columbus, Ohio, and Providence, Rhode Island.
December 1, 2024 – Opting Out of the Hernia Mesh Settlement
Opting out of the Bard settlement will take significant time. Mediations for opt-outs are scheduled for January 2027, and trial scheduling may not occur until June 2029.
Delays are likely to feel like justice deferred for many plaintiffs, with potential trials for opt-outs pushed to 2030 or later.
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Key Details of the Settlement
Settlement Amount: While the exact terms remain confidential, BD disclosed that it will use a substantial portion of the $1.7 billion previously allocated for product liability litigation to fund the settlements.
Resolution Scope: The agreement aims to resolve nearly all pending cases. However, plaintiffs retain the right to opt out and pursue individual claims.
Payment Timeline: Settlement payouts are expected to begin before the end of 2024 and will continue over several years.
BD’s Stance: BD has not admitted liability and stated it will defend against any remaining claims.
Background of the Lawsuit
The Bard hernia mesh litigation has been ongoing for nearly two decades. Plaintiffs argue that Bard’s hernia mesh products, used in surgical repairs, failed due to material degradation, causing:
Our hernia mesh lawyers negotiate with new clients suffering severe side effects from these defective products. Over 25,000 hernia mesh lawsuits have been filed, with over 21,000 in the Bard litigation alone.
Settlement Projections
A quick pay option offers a fixed settlement of $25,000 for straightforward cases (e.g., single surgery, less severe injuries). A smaller payment of $2,500 is available if Bard mesh was not deemed the cause of injuries.
A points system is anticipated for more complex cases, with higher payouts for severe injuries, including multiple surgeries or permanent disability.
Average settlement estimates suggest payouts of $65,000 to $70,000 per person, depending on the severity of injuries and other factors.
Recent Updates in the Hernia Mesh Lawsuit
December 1, 2024 – Opting Out of the Hernia Mesh Settlement
Opting out of the Bard settlement will take significant time. Mediations for opt-outs are scheduled for January 2027, and trial scheduling may not occur until June 2029.
Delays are likely to feel like justice deferred for many plaintiffs, with potential trials for opt-outs pushed to 2030 or later.
October 23, 2024 – Some Settlement Details
Payments will be distributed over 3-4 years, with earlier filed lawsuits prioritized.
Plaintiffs can opt out of the settlement, but the process for doing so remains unclear.
October 14, 2024 – How Settlement Might Work
A settlement points system will likely assign compensation based on factors such as injury severity, number of surgeries, and impact on quality of life.
Cases with weak claims may lower the overall average, potentially increasing payouts for severe cases.
October 3, 2024 – Settlement Rumors
Rumors suggest an average settlement of $65,000 per plaintiff, with some payouts spread over up to five years.
October 1, 2024 – MDL Updates
Over 100 new cases were added to the Bard MDL in the past month, alongside 41 cases in the Covidien MDL, raising its total to 1,511 cases.
September 26, 2024 – Covidien MDL Progress
Significant progress in the Covidien litigation includes depositions and discovery. However, Bard plaintiffs remain in a court-ordered pause as settlement talks continue.
September 17, 2024 – Judge Denies Motion to Remand
A motion to remand by frustrated plaintiffs was denied, maintaining the stay outlined in Case Management Orders 52 and 53. Victims express growing frustration with the slow pace of litigation.
Previous Trial Outcomes
Before the settlement, four cases went to trial. Three verdicts favored the plaintiffs, awarding compensation of:
For individuals affected by Bard’s hernia mesh, the settlement offers an opportunity to receive compensation without undergoing prolonged litigation. However, those opting out of the settlement will need to pursue their claims independently.
FAQs
What is the quick pay option under the settlement?
The quick pay option offers fixed compensation of $25,000 for claimants with straightforward cases, such as single surgeries or less severe injuries. For cases where Bard mesh was not confirmed as the cause of injuries, smaller payments of $2,500 are available.
When will settlement payouts begin?
Settlement payouts are expected to start before the end of 2024, but the full process will take 3-4 years to complete, with earlier filed cases prioritized.
What is the settlement points system, and how does it work?
A points system will likely be used to determine payouts. Points are awarded based on factors such as the severity of injuries, the number of surgeries required, permanent disability, and other impacts on quality of life. Cases with more severe complications will receive higher compensation.
How many lawsuits have been filed in the Bard hernia mesh litigation?
Over 21,000 lawsuits have been filed in the Bard litigation alone, making it one of the largest product liability litigations in U.S. history.
What other hernia mesh litigations are ongoing?
The Covidien hernia mesh MDL is another major litigation, with more than 1,500 cases currently pending. This litigation is progressing with discovery, witness depositions, and upcoming expert testimony.
What were the outcomes of previous Bard hernia mesh trials?
Three Bard hernia mesh cases went to trial before the settlement. The verdicts included:
$255,000
$500,000
$4.8 million
Why are there delays in resolving opt-out cases?
Delays are caused by the complexity of coordinating thousands of cases and the ongoing settlement negotiations. Opt-out mediations are scheduled for 2027, and trials may not start until 2030 or later, leading to significant wait times for plaintiffs who choose to opt out.
Conclusion
The Bard hernia mesh settlement represents a significant step toward resolving one of the largest medical product liability litigations in recent years. While the financial terms remain undisclosed, the agreement’s scale highlights the seriousness of the claims and provides closure for many affected individuals. Those impacted by the defective hernia mesh should consult legal counsel to explore their options under the settlement.
