The trial of the first bellwether case against C.R. Bard will begin this week, where the juries will discover testimonies and evidence in the thousands of hernia mesh lawsuits with allegations of defective designs.
The trial will include videotape testimony from expert witnesses and two dozen facts. It is expected to last for five weeks and two days.
The plaintiff of the trial alleges C.R. Bard's Ventralight ST mesh device caused injuries. The device failed to serve the purpose and caused uneasiness for the plaintiff. The plaintiff even alleged that the manufacturer did not provide adequate warnings about the device. The defendant even failed to provide an accurate way to use the device. Other allegations include that the defendant did not conduct sufficient research and testing before distributing the products.
Bard even requested the federal judge to exclude the testimony of an FDA expert, but the judge rejected the manufacturer's plea. The second bellwether trial against the manufacturer is set to begin on January 10, 2022.
Currently, Bard faces over 8,000 product liability lawsuits from individuals who allege that they experienced complications after a hernia repair. Bard Ventralex, Bard Ventralight, Bard Perfix, Bard 3DMax, and other mesh systems are the products that are alleged of having defective designs.
The plaintiffs allege the products involve a polypropylene mesh design that is dangerous and defective. The product is required to be removed or replaced by a new one after a few years as it wears down.
U.S. District Judge Edmund A. Sargus, Jr. is overseeing the MDL in the Southern District of Ohio for a common outcome of all the lawsuits.
