Hernia Mesh Lawsuit Moves Forward, Bellwether Date Set

Post on behalf of Thomas J. Ueberschaer PA on Wednesday February 28, 2018

For many years, individuals who received mesh implants during their hernia repair surgery have come forward to report complications and serious injuries resulting from their mesh device. In many of these cases, these individuals have had to undergo numerous revision surgeries and painful treatments in order to try to recover and live with the damage caused by their hernia mesh implant. Too often these treatments and changes come at great financial and personal cost and they have had to face these costs alone.

Now, many of these people have found that their only means of potential recovery for the injuries caused by the manufacturer of their mesh device is to join the growing multi-district litigation (MDL) against the makers of their device. Fortunately, it appears that progress is being made in the litigation. As of the end of January, a bellwether trial has been established In Re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation.

A bellwether trial is an important part of an MDL litigation. In some cases, the outcome of the bellwether trial can establish the tone for negotiations moving forward in the litigation.

In the order, the Court establishes the following:

  • No later than May 15, 2018, an “Initial Discovery Pool” of 24 cases will be selected. Twelve of these cases will be selected by the plaintiffs and twelve will be selected by the defendants.
  • Another 10 cases will be added to the Initial Discovery Pool on June 22, 2018.
  • From the Initial Discovery Pool, ten cases will be selected for expert discovery in a “Trial Pool” of cases, by December 1, 2018.
  • The Court will establish details about the order of plaintiffs for trial, the timing of trials, and other matters concerning the trials, by May 15, 2019.
  • On September 16, 2019, the first bellwether for Physiomesh will occur.

This means that the trial process for hernia mesh is moving forward. With the Court establishing an initial structure and setting deadlines, the process is now underway, moving forward with litigation. Hopefully, once the process has been completed, plaintiffs injured by their hernia mesh who filed a hernia mesh lawsuit will be able to say that justice has been done.

Do you have a hernia mesh lawsuit?

Have you or a loved one been injured after receiving a hernia mesh implant? Our firm is currently investigating cases related to hernia mesh injuries. Please contact our firm immediately to discuss your case. Call 850-434-8778.

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