Davol, Bard Denied Summary Judgment in Bellwether Hernia Mesh Action

COLUMBUS, Ohio — An Ohio federal judge has denied Davol Inc. and C.R. Bard Inc. summary judgment in a hernia mesh bellwether case set for trial in May, ruling the plaintiff has established questions of fact as to whether his device was defectively designed and accompanied by inadequate warnings.

In a March 13 order, Judge Edmund A. Sargus of the U.S. District Court for the Southern District of Ohio also ruled there is a question of fact as to whether defendants acted deliberately and with malice, warranting punitive damages.

Maine resident Aaron Stinson was implanted with defendants’ PerFix Plug hernia …