The first bellwether trial in the Ethicon Physiomesh Multi-District Litigation (MDL) is scheduled to go before a jury on December 2, 2019. The scheduling of the hernia mesh bellwether trial indicates a significant development in the litigation as a whole.
Bellwether trials often serve as indicators of how juries are likely to react to evidence that is likely to be presented repeatedly, expert testimony, scientific data, etc., should multiple trials be conducted. It is common that, depending on the outcome of a bellwether trial, a settlement process may be established following a decision that is beneficial to the the plaintiffs.
Any settlement proceeding established, however, is not necessarily binding on other plaintiffs who still have a right to individually pursue their recovery.
Ethicon Physiomesh was recalled in May of 2016 following mounting reports of complications related to the product. These hernia mesh complications include: infection, pain, perforations, recurrence of the hernia, and many others. It has since been established that many of these complications are the result of the flawed design of mesh product.
Mounting expert testimony has gone so far as to state that these hernia mesh products are not compatible with human tissue.
At this time, almost 1500 lawsuits are pending against Johnson & Johnson (J&J) and Ethicon, J&J’s subsidiary. Each of these lawsuits represents a person injured by the selfish practices of J&J to place profits ahead of patient safety.
You can view the order regarding the bellwether trial here.
According to the order, the plaintiff and defendant will each select five cases for an initial trial pool. The plaintiffs will then need to be completed by August 15, 2019. The scheduling of these lawsuits will be determined by July 29, 2019 and evidentiary motions to challenge any expert testimony will need to be submitted by August 28, 2019.
What should you do about a hernia mesh complication?
If you or a loved one had a hernia repair surgery and later suffered complications that required treatment, you or your loved one may be entitled to compensation.
Our law firm continues to investigate hernia mesh lawsuit claims and continues working to see that the legal rights of the injured are protected.
Contact our law firm to discuss your situation in a free, confidential initial consultation.