Billion-Dollar Resolution Marks End to Years of Medical Device Litigation
In a significant development for medical device litigation, Becton, Dickinson, and Company (BD) have reached a groundbreaking agreement to settle approximately 38,000 Bard hernia mesh lawsuits. The settlement, potentially exceeding $1 billion, addresses claims spanning nearly two decades and covers more than 30 mesh products.
5 Key Points
- The settlement covers 38,000 lawsuits across multiple jurisdictions.
- BD has allocated $1.7 billion for product liability litigation.
- The first payouts are expected by the end of 2024.
- Individual settlements are estimated to be between $50,000 and $100,000.
- The agreement covers over 30 different Bard mesh products.
40,000 Cases Merge Under Ohio MDL and Rhode Island Jurisdiction
The comprehensive settlement encompasses federal and state litigation, resolving approximately 25,000 cases in the federal MDL in Ohio and 15,000 claims in Rhode Island state court, where Bard’s headquarters is located. The agreement addresses cases dating back to 2006 when the first hernia mesh lawsuit was filed. Plaintiffs’ attorneys note that the program will provide “highly individualized” settlement offers based on specific injuries, conditions, and treatments experienced by each affected individual.
Three Lost Trials Push Bard Toward Settlement Table
A sequence of significant court decisions was crucial in driving the settlement negotiations. While Bard secured a victory in the first bellwether trial in 2021, subsequent cases resulted in substantial plaintiff victories. The second bellwether trial awarded $255,000, followed by a notable $4.8 million verdict in Rhode Island state court for plaintiff Paul Trevino. A third bellwether trial resulted in a $500,000 award, creating mounting pressure for resolution.
$1.7 Billion War Chest Allocated for Victim Compensation
BD’s financial commitment to resolving these cases is substantial, with $1.7 billion set aside for product liability litigation. The company has indicated that the hernia mesh settlement will constitute a “large majority” of this amount. Settlement distributions will be structured over several years, with initial payments scheduled to begin in late 2024. Despite this agreement, BD maintains its stance, denying wrongdoing and continuing to dispute the allegations.
Settlement Terms Leave Door Open for Future Claims
While this settlement resolves many pending cases, it doesn’t preclude future legal action. Injured patients can pursue individual settlements or take their cases to court. The agreement’s structure allows for case-by-case evaluation, with anticipated settlement amounts ranging from $50,000 to $100,000, though previous court awards have significantly exceeded these figures.
FAQ
Q: Do you qualify for a hernia mesh lawsuit?
A: To see if you qualify, click here.
Q: How many lawsuits does this settlement resolve?
A: The agreement settles approximately 38,000 Bard hernia mesh lawsuits across federal and state courts.
Q: When will plaintiffs begin receiving payments?
A: The first payouts are scheduled to begin at the end of 2024 and will be distributed over several years.
Q: What is the expected range for individual settlements?
A: Attorneys anticipate settlement amounts between $50,000 and $100,000, although previous court awards have been substantially higher.
Q: Does this settlement mean Bard admits fault?
A: No, BD explicitly states that the settlement does not include an admission of liability or wrongdoing.
Q: Can new cases still be filed?
A: Injured patients can still pursue individual hernia mesh settlements or take their cases to court.
Citations
Mundy, J. (2024, October 18). Agreement to Settle nearly 38,000 Bard Hernia Mesh Lawsuits. Lawyers and Settlements. https://www.lawyersandsettlements.com/legal-news/mesh-complications/agreement-settle-nearly-38-000-bard-hernia-mesh-lawsuits-24000.html
