An OH federal jury has given C.R. Bard Inc. and its subsidiary Davol Inc. a win in the first bellwether over allegations that its Ventralight ST hernia mesh is defective, finding no liability on the companies’ part for injuries a man says he sustained as a result of those alleged defects.

The jury found in Bard and Davol’s favor on all of Steven Johns’ claims against them, including negligence claims for failure to warn and design defect and product liability claims for failure to warn and design defect, as well as breach of express warranty, fraud and negligent misrepresentation.

Johns was implanted with the mesh in 2015 to treat a hernia and soon after he suffered pain, a recurrence of the hernia and decreased mobility as a result of the defect, as well as emotional distress. He later had the mesh removed, which required another “physically and emotionally painful” recovery period.

Johns claimed the “ST” coating, which is designed to “resorb” after a set period, did not last as long as Bard advertised, resulting in exposure to the polypropylene layer and causing serious injuries. Johns’ doctors had to surgically remove the Ventralight ST and eventually repair the hernia the device was supposed to treat. Johns claimed the company knew about the design defects and failed to adequately warn consumers about the risks of using the product.

The Johns trial served as the first bellwether in multidistrict litigation consolidated in Ohio federal court in August 2018.

LAW360: https://www.law360.com/articles/1420047/jury-hands-cr-bard-a-win-in-ohio-hernia-mesh-bellwether

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