As Fall is approaching, we thought it would be a good time to write you an update letter on the hernia mesh litigation. You are receiving this letter because we have previously sent you correspondence notifying you that we believe you were implanted with a qualified product and endured a qualifying procedure to revise/repair/remove your implanted mesh. We would like this letter to serve as an overall update to all mesh claims, regardless of the type of mesh that was used in your surgery or surgeries. Additionally, we hope this letter serves as a “myth buster” because there is a lot of misinformation online about hernia mesh cases and the ongoing litigation across the country.
In the next couple of months, our team will be very busy with depositions. Within the next month we will be taking the depositions of the following corporate personnel: VP of Research and Advanced Technology, Chief Technology Officer, VP of Regulatory Affairs, VP of Quality Assurance, Sr. Research and Development Manager, and former Sr. Director of Research and Development. Moreover, we have been taking depositions of the sales reps and sales managers that sold hernia mesh medical devices. These depositions are occurring in multiple states and even different countries.
Our team continues to push hard on reviewing millions and millions of documents. More than 30 lawyers are continuously reviewing documents in order to better prepare for upcoming trials. The first trial in Bard hernia mesh will commence in May of 2020 in the Southern District of Ohio in front of Chief Judge Sargus. A commonly asked question is whether your case will be tried. At this time, the cases that are going to trial have been selected. You would know if your case was one of the cases that is being tried in front of the Judge. These cases that are being tried will serve as “test” cases, which will help determine the value of all cases moving forward.
We commonly get asked, “what is the value of a hernia mesh case?” At this time, we cannot answer that question. There are no settlements yet in hernia mesh. However, there have been tens of thousands of settlements with pelvic mesh. Many of the advertisements that you see online and even on television suggest that there are settlements happening. However, that simply is not true. We are extremely positive on how the cases are going and being litigated, and we are confident that we will have a successful outcome. But, again, there are no settlements currently happening in the hernia mesh litigations and nothing is guaranteed.
There are five major manufactures of hernia mesh that we are going after. You have been implanted with a mesh that is manufactured by one of more of the following manufacturers: (1) Bard/Davol; (2) Atrium; (3) Ethicon/Johnson & Johnson; (4) Gore; and (5) Covidien. Each of these manufacturers have a separate track and/or Judge assigned to the case. We believe that by having these multiple tracks it will help the overall litigation go more efficiently and successfully than if we had all the cases consolidated in one court. Your case is also receiving more attention this way.
The next most common question asked by our clients is, “how long is my case going to take?” Again, currently we do not know with certainty. We are asking these manufacturers to pay hundreds of millions, if not billions in damages. There are tens of thousands of individuals who were impacted by these defective products. We are moving as quickly as possible to get these cases resolved. The key to resolution for medical device cases is taking cases to trial. We believe there will be more than 7 cases tried across the country next year. These cases will put immense pressure on the manufacturers to settle.
Although, you may not hear from us for months, we are actively litigating the case as mentioned above. If you are receiving this letter it is because our nurse team, lawyers and other staff members have already sufficiently gathered your medical records and properly analyzed your claim. If you do have an update on your medical status, we would like you to call our nurse team at 888-493-7951.
Lastly, if you would like to follow us on social media you may follow us on Facebook or on Instagram. You will be receiving more correspondence via email, text and letters as the case progresses along and moves closer to trial. Please have a safe and wonderful fall!
Adam Krause is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Adam Krause has made a career of taking complicated litigation and presenting it in the most elementary terms for a jury of your peers to understand. Learn more about his experience here.