Bard’s Motion for Pre-Verdict Judgment Denied in Bellwether Hernia Mesh Case
September 7, 2021
COLUMBUS, Ohio — An Ohio federal judge has denied C.R. Bard’s motion for pre-verdict judgment in the first bellwether polypropylene hernia mesh case, rejecting its argument that the plaintiff’s proposed non-polypropylene alternatives are not alternative designs.
In a Sept. 2 order, Judge Edmund Sargus Jr. of the U.S. District Court for the Southern District of Ohio noted the plaintiff’s experts “offered a variety of alternatives, including non-resorbable barrier designs, non-polypropylene designs, and native tissue repairs,” and that the court already rejected Bard’s argument that non-polypropylene devices are not alternative designs.
Plaintiff Steven Johns underwent repair of a ventral hernia in …