According to Mass Tort Nexus one of the fastest growing mass torts is Bard Hernia Mesh. Here’s what you need to know if you are looking to get involved in the litigation.
There are over 300,000 surgical mesh procedures conducted per year, Bard holding 70% of the market share. The conservative failure rate for this implant procedure is currently at 20%, so the numbers for the past five years alone could hypothetically surpass 200,000 potential cases.
In an update, National Law Review reported thousands of individuals have filed Bard Hernia Mesh lawsuits, the litigation currently pending in Rhode Island state court (which began in late 2017), as well as in federal court in the Southern District of Ohio (which formed in August 2018). Both litigations are still relatively young, so they are expected to continue throughout 2019, possibly longer.
Although these dates are subject to change, there are two mesh trials scheduled in the Rhode Island state court in 2019 – one in June, the other in September.
These initial trials are bellwether trials. Courts utilize a bellwether approach when large numbers of plaintiffs are proceeding on the same claim and there is no other practical way for the courts to handle the massive caseload. They are essentially “test cases” to help anticipate the outcome of similar cases in the future. This is a very time-consuming, complex process.
The growing Bard Hernia Mesh litigation is happening concurrently with hernia mesh litigations across the country. Other litigations are concerning different manufacturers and their hernia mesh products. Some of the claims are against manufacturers Johnson & Johnson and Ethicon, others against manufacturer Atrium.
More about Hernia Mesh Dangers
According to the U.S. National Library of Medicine, there is a 20-45% recurrence rate for incisional hernia repairs involving mesh. This type of hernia occurs through an incision or scar in the abdomen. Patients with complex ventral hernias (a bulge in the abdominal wall, which can include incisional hernias) have a national recurrence rate of about 30-40%.
The FDA warns of the complications of hernia mesh. The most common adverse events following hernia repair with surgical mesh include: pain, infection, hernia recurrence, adhesion, bowel obstruction, mesh migration and mesh shrinkage (contraction).
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