More Evidentiary Rulings Issued in 3rd Davol/Bard Hernia Mesh Bellwether Case
October 4, 2023
COLUMBUS, Ohio — In preparation for trial in the third Davol Inc./C.R. Bard Inc. polypropylene hernia mesh bellwether action, an Ohio federal judge barred arguments that defendants should have warned of a hypothetical risk of injuries that have no connection to the plaintiff’s theory of injury or injuries themselves.
On Oct. 3 Judge Edmund A. Sargus of the U.S. District Court for the Southern District of Ohio noted he already excluded Dr. David Grischkan’s opinions regarding migration, nerve entrapment, mesh tissue stiffening, bowel obstruction, and organ fistulization, but allowed his opinions regarding mesh shrinkage or contraction.
“Defendants also …