In addition to those previously filed, three new lawsuits have been filed against Teva Pharmaceuticals, the manufacturer of the intrauterine medical device (IUD) known as Paragard.

As we have written before, Paragard is a small plastic T-shaped device with a copper wire coiled around it. Recent lawsuits allege that Paragard is defective and causes serious complications and injuries. The IUD can break off or become dislodged upon removal, causing severe damage to the surrounding tissues and organs.


Continue Reading Paragard IUD Alleged to Cause Serious Injuries

You have seen a lot of commercials and have probably been searching the internet for some straightforward explanations about Paragard. Here is a simple guide to Paragard lawsuits and settlements in four easy steps:

  • Step 1: Get Your Medical Records Confirming Your IUD Implant.
  • Step 2: Identify Your Paragard IUD Implant.
  • Step 3: Identify Your Related Injury.
  • Step 4: Contact a Paragard Attorney.


Continue Reading A Simple Guide to Paragard Lawsuits and Settlements

So, what is my defective hernia mesh case worth?

It is a very simple question, but you have done quite a bit of research and consulted with supposed experts – and no one can give you a straight answer. The answer is that no one knows specifically what your case is worth right now, that is why there are ongoing nationwide litigations. But before you go back to your Google search, while no one can tell you specifically what your case is worth, we can tell you what attorneys consider when they estimate the potential value of hernia mesh cases.

Here is what you need to consider:

  1. What were the settlement values in similar litigations?
  2. What are the strengths and weaknesses of your individual case?
  3. What can you expect to walk away with?

Helpful hint: If someone does tell you that they know exactly what your hernia mesh case is worth – at best they have no idea what they are talking about; and at worst they are an infomercial trying to sell you something. The same holds true for anyone guaranteeing a favorable outcome. This is litigation and there is always a chance that plaintiffs in litigation lose, making their cases worth nothing.


Continue Reading A Guide to Figuring Out What Your Defective Hernia Mesh Case is Worth

The primary Bard Hernia Mesh state litigation, pending in Rhode Island state court under Judge Gibney, is now set to begin its first bellwether trials that will focus on claims involving the Ventralex patch product, and proceed to trials involving the Composix E/X product. Not to be outdone, and though only designated in August 2018, the Bard Hernia Mesh Multidistrict Litigation (“MDL”) in the United States District Court for the Southern District of Ohio under Judge Sargus, is also steaming along. Plaintiffs and Defendants have narrowed down the initial bellwether pool to six cases – three cases chosen by each side. On January 13, 2020, the parties will submit briefing detailing which cases each party believes should go to trial. Based on that briefing, on January 24, 2020, the Court will select three of those cases for the first bellwether trials. After remaining case specific discovery and motion practice, those cases will go to trial on May 11, 2020; July 13, 2020; and September 14, 2020.

Continue Reading Bard Hernia Mesh Cases Leading the Charge to Settlements in Hernia Mesh Litigations

On October 24, 2019, the United States Food and Drug Administration (“FDA”) issued a draft guidance addressing textured breast implants that have been linked to breast implant-associated anaplastic large cell lymphoma (“BIA-ALCL”).”

Continue Reading FDA Recommends New Warnings for Breast Implants Alleged to Cause Cancer

On October 3, 2019, Plaintiffs in several pending class actions made a motion before the Judicial Panel on Multidistrict Litigation, to centralize related Allergan Biocell textured breast implants lawsuits in a Multidistrict Litigation. The Judicial Panel on Multidistrict Litigation (“JPML”) is a panel of appellate and district court judges that determine whether or not to create an MDL. A Multidistrict Litigation (“MDL”) is a procedure whereby qualifying cases filed in federal district courts throughout the nation are consolidated in one federal district court, before a single judge. If an MDL is created, the JPML then selects the district court and assigns a judge to preside over the litigation.

Continue Reading Allergan Breast Implants Alleged to Cause Cancer

How Do I Know If I Have a Hernia Mesh Claim?

STEP 1: Obtain Medical Records

hernia mesh lawsuitThe first step in figuring out whether you have a potential hernia mesh claim is to confirm which type of hernia mesh you had implanted. There is a simple way to do that. Whenever doctors use a medical implant or device, like hernia mesh, it comes in its own shiny new box (as you can imagine, a lot of marketing goes into the packaging of these expensive products). The box has stickers on it that specifically identify everything about the mesh (manufacturer, model, lot number, etc.). The surgeon takes the sticker off of the box and attaches it to the Operative Report. Consisting of only a few pages, the Operative Report is a basic summary of your hernia mesh implant operation. The stickers are usually attached to the last page of the Operative Report. You can go to your medical provider and ask for your Operative Report (this should only take you a couple of days), or you can retain an attorney to formally request your operative report (this will take a few weeks).


Continue Reading A Simple Guide to Hernia Mesh Lawsuits and Settlements

On April 17, 2019, Judge Sargus, who is overseeing the Bard Hernia Mesh MDL in the Southern District of Ohio, held a Case Management Conference. At the time of the conference, the Court noted that there were just over 1,700 cases filed in the MDL, with approximately 80-100 new cases being filed each week. The parties advised that the protocol and schedule for conducting various depositions were still being discussed, including the depositions of the treating physicians, corporate designees, and company witnesses. Paper discovery from defendants is also still being produced and reviewed by Plaintiffs’ leadership. Another conference is scheduled for early June.

Continue Reading Bard Hernia Mesh Litigation Continues in Federal and State Courts

Currently, there are more than 10,000 IVC filter cases filed across the country, in state and federal courts, with a majority being filed against manufacturers, Bard Medical and Cook Medical. IVC filters are small devices surgically implanted into the inferior vena cava in an effort to catch blood clots (where they should naturally dissolve) before they travel to the lungs, causing a potentially fatal pulmonary embolism. The Bard MDL (multidistrict litigation) is venued in the District of Arizona, while the Cook MDL is venued in the Southern District of Indiana. Additionally, lawsuits are being filed against Boston Scientific for its Greenfield Vena Cava Filter in Ohio; as well as Rex Medical and Argon Medical for their Option and Option Elite IVC Filters in Pennsylvania.

Continue Reading IVC Filter Cases Continue to Move Forward

We have already written about the thousands of Bard hernia mesh cases pending in Rhode Island state court moving swiftly towards bellwether trials. Not to be outdone, the federal Multidistrict Litigation (MDL) cases in the United States District Court for the Southern District of Ohio, before Judge Edmund A. Sargus, are heating up as well.

The MDL encompasses claims against C.R. Bard and its corporate subsidiary, Davol, based upon allegations that Bard’s polypropylene hernia mesh was defective and caused injuries to patients. Even though the MDL was formed in August 2018, the Court has already put together an aggressive procedure and schedule for bellwether cases.


Continue Reading Bard Hernia Mesh MDL Moving Quickly