Warning, Design Defect Claims Proceed in 2nd Bellwether Hernia Patch Case

COLUMBUS, Ohio — The judge overseeing the federal Davol/C.R. Bard hernia mesh MDL docket has denied defendants’ summary judgment motion on claims for failure to warn and design defect in a bellwether case, finding the plaintiffs adequately alleged the patch can buckle and that their surgeon was inadequately warned of that risk.

In an Oct. 5 order, Judge Edmund A. Sargus Jr. of the U.S. District Court for the Southern District of Ohio further allowed the claims for gross negligence and punitive damages to proceed, finding the plaintiffs presented evidence that defendants knew of the device’s alleged risks, yet continued …