The first trials in the Bard hernia mesh multidistrict litigation have been scheduled.

According to an April 3, 2019 article in the National Law Review, the federal court overseeing the MDL has recently come up with a protocol and a schedule for the bellwether trial phase.

What is a Bellwether Trial?

The bellwether trial phase tries several chosen test cases in a particular dispute with the aim of giving the parties in other, related lawsuit an idea of how their evidence and arguments will play out in court.

The defendant and the plaintiffs are allowed to choose a few representative cases for the bellwether group—in the Bard hernia mesh product litigation, six from each side—which will all proceed through mutual discovery processes.

The hope of discovery is that some of the cases can be eliminated based on the lack of evidentiary strength until three remain. These three are set to be heard in federal court over the late spring, summer, and early fall of 2020.

The ultimate aim of the bellwether phase is to facilitate the settlement of many similar lawsuits. In an MDL such as the C.R. Bard hernia mesh dispute, there are thousands of lawsuits which could overburden the courts and be ridiculously expensive for a defendant to fight one-by-one.

What Problems Have Arisen with the Use of Surgical Mesh for Hernia Repair?

According to the U.S. Food and Drug Administration (FDA), the use of surgical mesh has become a common way to support weakened and damaged muscle or connective tissue that supports the organs of the abdominal and pelvic cavities.

Surgical mesh products are either synthetic or derived from similar animal tissues from pigs or cows.

The FDA indicates that a review of adverse medical event reports reveal that use of mesh has led to hernia recurrence, pain, infection, partial bowel blockage or obstruction and a build-up of internal scar tissue that ‘glues’ tissues together and affects function.

Additionally, it has not been unheard of for surgical mesh to migrate from its originally placed position, perforate organs, or to contract.

What are the Alleged Issues with Bard Hernia Mesh Products?

While Bard hernia mesh products aren’t the only such medical mesh devices under the legal microscope at present, several brands released under their name and that of their subsidiary Davol have been the subject of litigation. The names include PerFix, 3DMax, Marlex, Kugel, Composix, Ventralex, Ventrio, Sepramesh and Ventralight.

The C.R. Bard hernia mesh products lawsuits are part of this federal MDL and have also been registered at the state level in Rhode Island. In a separate National Law Review article posted last December, it was estimated that the Rhode Island litigation would likely go to bellwether trial phase early this summer given that it was initiated earlier that the federal MDL over hernia mesh.