MDL 2846 Now Third Largest Mass Tort
As of July 18, 2023, 228 new hernia mesh lawsuits were added to the C.R. Bard class action MDL over the past month, bringing the total number of pending cases to 19,935. This makes MDL 2846 the third largest consolidated mass tort, trailing behind only 3M earplugs and Talcum Powder cases.
Upcoming Bellwether Trials Confirmed
In September 2023, the MDL Judge issued a new Case Management Order confirming that the next bellwether trial in the Bard hernia mesh MDL, Stinson v. Davol, Inc., et al. (18-cv-1022), will commence on October 16, 2023. A fourth bellwether trial, Bryan v. C.R. Bard Inc., et al. (18-cv-1440), is also scheduled for early 2024.
FDA Actions on Hernia Mesh Recalls
In October 2012, the FDA issued a warning letter to Atrium, the maker of C-Qur hernia mesh, for failing to address infection and sterility issues, including complaints about the device containing human hair. Atrium eventually recalled the C-Qur mesh in July 2013 due to issues with the coating sticking to the package lining in high humidity, potentially increasing infection risks.
In a further development, the FDA filed a lawsuit against Atrium in February 2015 for poor quality production, and another manufacturer, Ethicon, recalled their Physiomesh in July 2016, citing a high risk of revision surgery.
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