C.R. Bard’s Bid for Dismissal in Hernia Mesh Bellwether Rejected
On September 2, 2021, U.S. District Court Judge for the Southern District of Ohio Eastern Division Edmund A. Sargus Jr., issued an order rejecting defendant C.R. Bard’s bid for summary judgment as the first bellwether in the Hernia Mesh multidistrict litigation continues.
The plaintiff in the bellwether, Steven John, claims that he sustained significant injuries as a result of the implantation of the defendant’s Ventralight ST device. The Ventralight ST device is a multicomponent device made up of mesh, consisting of polypropylene, polyglycolic acid fibers and a bioresorbable coating called “Sepra Technology” (“ST”). The ST-coated side of the mesh is placed against organs, such as the bowels, while the uncoated polypropylene side is placed against the fascia because the uncoated side is purportedly better able to maximize tissue attachment and thus support the hernia repair.
The plaintiff argues that the ST coating on the product resorbs too quickly leading to the exposure of internal organs and tissue to bare polypropylene. The plaintiff alleges he experienced omental adhesions after his laparoscopic hernia repair surgery. In the suit, the plaintiff argues that the defendant knew that the ST coating on the product resorbs too quickly and that polypropylene is unsuitable for permanent implantation in the human body.
The bellwether trial began on August 2, 2021, with the plaintiff resting his case on August 24, 2021, at which time the defendant filed its motion for judgment as a matter of law on all of the plaintiff’s claims including, design defect, failure to warn, fraud and/or negligent misrepresentation and express and implied warranty. However, the court held that these issues will remain for a jury to decide.
The bellwether case is: Johns v. CR Bard et al., Case No.: 2:18-cv-01509, and the MDL is In re: Davol Inc./C.R. Bard Inc. Polypropylene Hernia Mesh Products Liability Litigation, Case No.: 2:18-md-02846, both in the U.S. District Court for the Southern District of Ohio.
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