Hernia Mesh Lawsuit Goes To Trial Next Year
Patients suffering from hernia mesh complications are anxious to see their cases against manufacturers go to trial. There are a variety of hernia mesh manufacturers, but one of the largest, Ethicon Inc., will be brought to trial next year in the first case regarding its hernia mesh product, Physiomesh. The federal court overseeing the Physiomesh litigation set a trial date for September 16, 2019.
Hundreds of lawsuits have been filed against Ethicon and its parent company, Johnson & Johnson (J&J). The cases have been consolidated in a multidistrict litigation (MDL) to help speed up a resolution. United States District Judge Richard W. Story is presiding over the MDL in a Georgia courtroom. By mid-May of this year, both sides will submit twelve cases for inclusion in the initial discovery pool.
Both sides will spend the remainder of the year going through the discovery process; and in December both sides will further narrow down the trial pool to five cases each. From these ten cases, several will be selected to be the first hernia mesh cases to go to trial in what is called bellwether trials. Bellwether trials help both sides understand how juries will react to the cases. If Ethicon loses one or more bellwether trials, the company may decide to begin settlement talks with the plaintiffs, rather than continue taking cases to trial.
What Does This Mean For Physiomesh Injury Victims?
Victims of defective hernia mesh often suffer daily with chronic abdominal pain, intestinal blockage, and other serious complications. Patients who received Physiomesh to repair their hernias feel they were not adequately warned of the risks associated with the product. They are demanding answers from Ethicon and J&J; and, although the process can seem like it is taking a very long time, it is actually moving forward at a good pace.
U.S. District Judge Richard Story has given both sides tight deadlines throughout 2018 to keep the litigation moving forward. Although patients will have to wait over a year for the first trial, the litigation has taken a monumental step forward with scheduling the first trial date.
Get Help With Your Physiomesh Claim
If you are suffering from Physiomesh complications or complications from any other type of hernia mesh, you need to immediately reach out to an experienced products liability attorney. It’s not too late to file a claim and hold the manufacturer responsible. At Blizzard & Nabers LLP, we can analyze your case and help you understand your legal options and the process of pursuing compensation. Call us today for a free consultation to discuss your case.