Becton, Dickinson and Company (BD) recently agreed to settle approximately 15,000 Hernia Mesh lawsuits presently pending in the Providence RI Superior Court. Our office is local counsel for numerous law firms from around the country for whom we have filed almost 5000 cases. The total payouts could exceed $1.3 Billion.
The Hernial mesh lawsuits allege that C.R. Bard, located in Rhode Island and Davol Inc., which are owned by BD, designed defective mesh products, failed to adequately test them, and didn’t properly warn users about potential risks.
As these products broke down, they reportedly caused infections, organ damage, chronic pain, and other serious complications.
For over 45 years, Brian Cunha & Associates has fought to hold companies like Bard accountable for harming patients.
On October 10 2024, Bard’s parent company Becton Dickinson agreed to an out-of-court settlement for hernia mesh lawsuits. The settlement involves both cases in the federal multidistrict litigation (MDL) and those filed in the Rhode Island state court.
In total, around 38,000 claims will be resolved, including:
- Nearly 25,000 hernia mesh claims in the Federal Ohio MDL, which was first filed in 2018
- Over 15,000 claims in the Rhode Island State litigation where Bard’s headquarters is located
The individual specific Bard hernia mesh settlement amounts haven’t been announced, as a formula is being devised based on the medical condition and severity of the injury to each potential claimant.
The company’s last quarterly report set aside $1.7 Billion for product liability litigation, and BD noted the hernia mesh settlement was a “large majority” of this amount.
The settlement includes a requirement that Bard make payments over several years, with the first hernia mesh settlement being paid by the end of 2024.
A History of Bard Hernia Mesh Litigation
The first hernia mesh lawsuit was filed in Rhode Island in 2006, and BD got involved in the litigation after purchasing Bard in 2017.
As these lawsuits progressed, bellwether trials were scheduled for cases in the MDL. A bellwether trial helps predict how a jury might react to a claim, giving an idea of how much may be awarded in similar lawsuits.
C.R. Bard hernia mesh lawsuit updates so far include:
- 2021: A jury ruled in Bard’s favor during the first bellwether trial of the MDL.
- 2022: The second bellwether trial awarded $250,000 to the victim.
- 2023: A third bellwether trial resulted in a $500,000 verdict against the company.
- 2022: The first state court trial in Rhode Island granted $4.8 Million to victims.
- 2024: A fourth bellwether trial was removed from the court calendar, and the judge told both sides to come to an agreement.
After three trial losses in a row that awarded increasing amounts of compensation, Bard settled all of the cases filed prior to July 2023 with a proviso that there would be further negotiation regarding cases filed between July 2023 and August 2024.
At Brian Cunha & Associates
Our firm has successfully handled claims involving many defective products, medical devices, and other personal injuries caused by negligence. We’ve recovered hundreds of millions total nationwide.