By Top Class Actions  |  October 9, 2024

Category: Legal News
Close up of a surgical mesh, representing the Bard settlement.
(Photo Credit: Casa nayafana/Shutterstock)

Bard hernia mesh settlement overview: 

  • Who: C.R. Bard Inc. agreed to settle claims in a multidistrict litigation (MDL) and Rhode Island state court. 
  • Why: The Bard settlement resolves claims made by tens of thousands of individuals who argue they were injured by the medical technology company’s hernia mesh implant devices. 
  • Where: The Bard settlement resolves a MDL in Ohio federal court and a case in Rhode Island state court. 

Medical technology company C.R. Bard Inc. agreed to a settlement that will end claims made by individuals arguing they were injured by its hernia mesh implant devices. 

Bard-owner Becton Dickinson announced the settlement earlier this month. The company said the agreement puts to bed the “vast majority” of Bard hernia mesh-related complaints involved in multidistrict litigation and Rhode Island state court. 

While no dollar amount was revealed, the Bard hernia mesh settlement would allow tens of thousands of plaintiffs to receive “highly individualized” compensation offers based on specific injuries, treatments and conditions, reports Law360. 

The Bard settlement would reportedly be available to more than 25,000 plaintiffs and covers more than 30 of Bard’s hernia mesh products. 

Bard parent says hernia mesh settlement to ‘eliminate uncertainty’ for stakeholders 

Becton Dickinson said the Bard settlement will be paid out over a multi-year period and that it was structured to “eliminate uncertainty” for all stakeholders related to settled cases and will not change its “cash flow goals” or “capital allocation strategy.”

“The multi-year payment structure was contemplated as part of the company’s cash flow planning process and was included in its previously communicated free cash flow goals and capital allocation strategy,” Becton Dickinson said in a statement. 

Becton Dickinson is not admitting to any liability or wrongdoing by agreeing to it and said it will “continue to dispute” the claims and plans to “vigorously defend” itself in cases not resolved by the settlement.  

The settlement comes after a $4.8 million verdict in favor of a plaintiff in state court and three bellwether trials in the MDL — two of which led to verdicts favoring plaintiffs, reports Law360. 

An Ohio federal jury also awarded $500,000 to an Ohio man last year who argued he sustained lifelong injuries after being implanted with a hernia mesh made by Bard and its subsidiary Davol Inc. 

Have you been injured by a Bard hernia mesh device? Let us know in the comments.

The plaintiffs are represented by Tim O’Brien of Levin Papantonio, Kelsey Stokes of Fleming Nolen & Jez LLP, Don Migliori and Jonathan Orent of Motley Rice LLC and Michael A. London of Douglas & London PC.

The Bard hernia mesh settlement is In re: Davol Inc./C.R. Bard Inc. Polypropylene Hernia Mesh Products Liability Litigation, Case No. 2:18-md-02846, in the U.S. District Court for the Southern District of Ohio and Davol/C.R. Bard Hernia Mesh Multi-Case Management, Case No. PC-2018-9999, in Rhode Island Superior Court. 


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18 thoughts onBard to provide individualized settlement offers to hernia mesh plaintiff

  1. Kristen says:

    I too have had issues with bard mesh. Not sure how to be added. But my mesh didn’t hold up but 3 months. And I still have pain issues.

  2. Russell A Boyer says:

    I had hernia surgery and Bard Davol mesh was used.
    I suffered excruciating pain as the mesh did not hold. How do I place a claim in Illinois?

  3. Chaunda says:

    I have had so many abdominal hernia surgeries now that I have lost track but it’s around 5 now . I was constantly in pain and now I constantly get hernia because everything they use fails. And my lawyers don’t want to really fight for me because it’s been so long, they just want their money while I will end up still suffering with a couple of dollars if I go the option they trying to make me settle for.

  4. PRAKASH SHAH says:

    Add me

  5. Amy Bennett says:

    yes had hernia repair 2001 and 2003 revised Dr wont even look at it and say they won’t do another surgery to much of a mess so William takes sildenafil 100mg 1 daily to help with pain he has been taking for the past few years since 2010 sometimes it helps other times it hurts so bad that he can’t move

  6. Lee Howard says:

    3/22/2021 my husband had surgery using mesh. He complains of pain every day since. He has had scans and it shows nothing is amiss but the pain is real. He is not one to share he is in pain, so I know he is in a lot of pain if he is sharing. Please add him.

  7. Lenora Salandi says:

    My son(60) had a hernia operation where they inserted the mesh and has been in agony ever since. It was a labor issue and the labor wouldn’t pay to remove it and he, without insurance, could not afford the operation on his own. Does he have any chance of recovering money for his pain, suffering, and being unable to work at his job (he’s from Montana was a sawyer until the operation.)?

  8. David Bravo says:

    I have both a Bard Inguinal Hernia Mesh and an Ethicon mesh implant as well and I feel pain and mental anguish on a daily basis because of these. I am a 100% Service Connected Veteran (USMC) and would appreciate any legal referal for these. They were implanted in our local VA hospital here in Puerto Rico next to the US Virgen Islands.

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