A significant global resolution process has been established offering relief to plaintiffs who suffered after receiving a Bard hernia mesh implant. The agreement establishing the process marks a major legal milestone after seven years of relentless litigation for these individuals and their loved ones who faced formidable challenges. The process, which covers more than 30 Bard hernia mesh products, is a path to resolve all filed cases in both Rhode Island state court and the federal multidistrict litigation (MDL). 

Bard parent company, Becton, Dickinson and Company (NYSE:BDX), recently approved this path to resolution, signifying a decisive step toward addressing the tens of thousands of legal claims brought in state and federal courts. The resolution process established a multi-year payment structure, with the first defendant payment to be executed before year's end.

The agreement resulted from negotiations conducted by Rhode Island co-lead and co-liaison counsel Don Migliori and Jonathan Orent, federal MDL co-lead counsel Tim O’Brien and Kelsey Stokes and Executive Committee Chair, Michael London with counsel for Bard’s parent company, BD. 

Motley Rice attorney Don Migliori, one of the lead negotiators for the agreement shared, “The biggest challenge to overcome was the number of plaintiffs across multiple jurisdictions. This agreement is unique in the way that it creates a path forward for everyone.” 

Hernia mesh MDL co-lead attorneys added, “On behalf of the nearly 25,000 MDL plaintiffs, we are pleased that the global resolution and resulting process will afford so many individuals a measure of justice.”

The Rhode Island state court serves as a key jurisdiction for consolidated hernia mesh cases against C.R. Bard, which is headquartered in Rhode Island. In re Davol/C.R. Bard Hernia Mesh Multi-Case Management was also established in 2018 in front of Superior Court Presiding Justice Alice Gibney.

Overseen by the Honorable Judge Richard A. Licht of Rhode Island Superior Court, the first state case to go to trial was Trevino v. Davol Inc. in 2022. Motley Rice litigator Jonathan Orent was lead trial counsel representing plaintiff Paul Trevino in a month-long jury trial, securing a $4.8 million compensatory damages award for negligence just five days after closing arguments. The defendant’s appeal of Trevino, which had been pending, is now resolved as part of the global resolution.

The federal MDL, In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, was established by the Judicial Panel on Multidistrict Litigation (JPML) in the Southern District of Ohio under the supervision of Honorable U.S. District Judge Edmund Sargus, Jr. in August 2018. The MDL centralized claims regarding alleged injuries caused by Bard’s hernia mesh products, simplifying pre-trial proceedings for the tens of thousands of federal cases filed. 

Plaintiffs’ MDL counsel reviewed tens of millions of pages of Bard documents and deposed dozens of corporate witnesses and tried three MDL bellwether trials regarding three different Bard products. After two plaintiff verdicts, Judge Sargus removed a fourth bellwether trial case from the calendar and ordered the parties to direct their efforts to resolution through the global mediation process.

Today’s final global resolution was ultimately triggered by a combination of the MDL verdicts and the Trevino verdict against Bard, and the hands-on management of the second largest MDL in the United States by Judge Sargus.

“Today’s announcement is a real testament to the resilience and determination of all plaintiffs and the hard work of all parties involved. We look forward to sharing more details directly to all plaintiffs soon,” added counsel.