This was seen as a significant victory for plaintiffs as thousands of other victims await trial. A federal jury has ordered C.R. Bard and its parent company, Beckton Dickinson, to pay in damages in the second Bard hernia mesh lawsuit. This was just the second victim claim to go before a jury in the federal court system where thousands of similar claims are currently pending.
This was a “bellwether” trial and helped help the parties gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation against Bard, and promote potential hernia mesh settlement negotiations between the parties. Each of these lawsuits raise similar allegations that plaintiffs experienced complications and required additional surgery after receiving defective polypropylene hernia repair products sold in recent years. These complaints include Bard Ventralex, Bard Ventralight, Bard Perfix, Bard 3DMax along with other mesh systems.
This hernia mesh lawsuit was filed by Antonio Milanesi and his wife, Alicia Morz De Milanesi and was the second claim to reach trial in late March. Following more than two weeks of testimony in the U.S. District Court for the Southern District of Ohio, a jury verdict was returned on April 15, 2022. According to the verdict sheet the jury sided with the plaintiffs on claims including negligent design defects and loss of consortium. The Milanesi lawsuit was filed in 2018 after Antonio experienced problems with a Bard Ventralex Hernia Patch implanted during umbilical hernia surgery in July 2007. After developing an infection and a small bowel fistula in May 2017, Milanesi underwent additional surgery to have the mesh removed.
The evidence at trial showed the mesh adhered to a loop of the small bowel and that lead to erosion and the need for a small bowel resection, anastomosis, removal of the mesh and repair of the ventral hernia, leaving Milanesi with permanent and severe injuries. It is hoped that the Milanesi trial will have a big impact on how much the manufacturer may need to pay to settle each of the remaining cases pending in the federal court system, which could result in liability of several billion dollars.
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