A man who alleged C.R. Bard of designing a defective hernia mesh patch has been awarded $250,000 in the second bellwether trial from the multidistrict litigation over hernia mesh products.
The verdict in the trial has been awarded on the 18th day of trial after the jury rejected products liability, failure to warn, negligent misrepresentation and fraudulent misrepresentation claims.
The plaintiff in the lawsuit had got a Ventralex Hernia Patch implanted in July 2007, as mentioned in the complaint. He had to undergo several surgeries due to the patch. The plaintiff filed a suit, along with his spouse, who was awarded $5,000 in loss of consortium damages.
The plaintiff's attorney, over and over, told the jury that Bard's Ventralex is still on the market, which is unfair as it is defective in design. The jury responded by stating that the court is aware of the defective design of the patch and it is glad that the plaintiff dared to report the issue which has resulted in this immportant verdict.
The first bellwether trial held in Ohio was awarded in the favor of Bard and its subsidiary Davol where the jury did not find the company responsible for the injuries sustained by the plaintiff due to Ventralight ST hernia mesh.
According to the Judicial Panel on Multidistrict Litigation, it is the third biggest MDL in the country that involves nearly 16,700 pending cases over the Bard products.
