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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