What Defense Verdict in First Bellwether Bard Hernia Mesh Trial Means For Future Settlements

While last week's defense verdict in favor of C.R. Bard and the defective hernia mesh medical device was certainly a surprise and a disappointment, the outcome does not necessarily portend bad news for the thousands of Bard hernia mesh victims.

In making their decision, the jury deliberation was short especially given the complex matters they had to consider. 

Defense verdicts in bellwether trials are actually common. 10 years ago when C.R. Bard was a defendant in the Kugel Mesh litigation, the first bellwether trial (Whitfield v. Davol Inc.) also resulted in a defense verdict. But then the 2nd bellwether trial resulted in a $1.5 million verdict which prompted Bard to negotiate a global settlement of the remaining cases.

There is just too much evidence of Bard hernia mesh failures and design defects for the behemoth medical device company to prevail in these hernia mesh cases.  I am still confident that at some time in the future Bard will enter into global settlement negotiations.  For them, it's a simple business decision.  They can't afford potentially huge jury verdicts and the continued negative publicity about their products.