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Bard Hernia Mesh Litigation Continues in Federal and State Courts

On April 17, 2019, Judge Sargus, who is overseeing the Bard Hernia Mesh MDL in the Southern District of Ohio, held a Case Management Conference. At the time of the conference, the Court noted that there were just over 1,700 cases filed in the MDL, with approximately 80-100 new cases being filed each week. The parties advised that the protocol and schedule for conducting various depositions were still being discussed, including the depositions of the treating physicians, corporate designees, and company witnesses. Paper discovery from defendants is also still being produced and reviewed by Plaintiffs’ leadership. Another conference is scheduled for early June.

This April conference comes less than a month after Judge Sargus issued Case Management Order No. 15 in which he approved the Bellwether Discovery Pool Plaintiffs. As previously mentioned, the bellwether process allows for an efficient and streamlined judicial approach to potentially resolving many cases that involve common questions or similar sets of facts. As part of the bellwether selection process in the Bard MDL, each party proposed six cases, for a total of twelve cases. Once Core Discovery is completed on the twelve cases selected, each party will then select three cases for trial consideration, for a total of six cases. The Court will then select three cases for bellwether trials by February 14, 2020.

The first bellwether trial in the MDL is currently scheduled to begin on or about May 8, 2020; the second trial will begin on or about July 13, 2020; and the third bellwether trial will begin on or about September 14, 2020. Meanwhile, trials are also being prepared in the Bard hernia mesh state litigation, which is venued in Rhode Island. Multiple trials are currently scheduled to begin in Rhode Island between July 2019 and April 2020.

COPYRIGHT © 2020, STARK & STARKNational Law Review, Volume IX, Number 122


About this Author

Stefanie Colella Walsh, Pharmaceutical Litigation Attorney, Stark Law Firm

Stefanie Colella-Walsh is a Shareholder and member of Stark & Stark’s Litigation, Insurance Coverage & Liability, Intellectual Property and Mass Torts Groups where she concentrates her practice in complex litigation with a focus in mass tort and pharmaceutical litigation. She also handles litigation related to nursing home negligence and abuse claims, elder abuse, and assisted living facility litigation.

Recently, Ms. Colella-Walsh was a member of the national trial team involved the first trial in the country of a TVT-Secur transvaginal...

Martin P. Schrama, Stark Law, Intellectual Property and Litigation Law Attorney

Martin P. Schrama is a Shareholder in Stark & Stark's Commercial Litigation, Mass Tort, Intellectual Property and Green Litigation Groups. Mr. Schrama has extensive experience litigating on both the trial and appellate levels of the federal and state courts of New Jersey and New York, as well as numerous other jurisdictions throughout the nation in a pro hac vice capacity. This experience also extends to regular practice before AAA, JAMS and various other alternate dispute resolution fora.

The primary focus of Mr. Schrama’s practice is complex civil litigation matters, with a concentration in mass tort/class action prosecution and defense, and complex commercial litigation. Mr. Schrama is currently co-lead trial counsel representing numerous plaintiffs in the mass tort environmental contamination case of In Re Bristol-Myers Squibb Environmental Contamination Litigation, Case No. 281. Mr. Schrama is also currently involved in representing numerous plaintiffs in mass tort pharmaceutical cases pending in the New Jersey Superior Court case of In Re Yaz®, Yasmin®, and Ocella® Litigation, Case No. 287; In Re Nuvaring® Litigation, Case No. 284; and In Re Depuy ASR® Hip Implants Litigation, Case No. 293. Mr. Schrama frequently writes about timely legal and legislative developments impacting plaintiffs in mass tort and product liability actions for Stark & Stark's Mass Tort Law Blog.