Becton Dickinson (BDX.N) has agreed to settle nearly all U.S. lawsuits from individuals claiming injuries caused by its hernia repair mesh, covering around 38,000 cases. This unusual settlement, jointly overseen by state and federal courts, promises to conclude litigation that has spanned almost two decades.
The company, in an announcement on Wednesday, did not disclose the terms of the settlement. BD stated that the amount represents a “large majority” of the $1.7 billion it had previously set aside for product liability litigation, as detailed in its most recent quarterly report.
BD plans to make the payouts over several years, with the first scheduled before the end of this year. Nearly 25,000 of the cases are centralized in federal court in Columbus, Ohio, while the rest are in state court in Providence, Rhode Island. Plaintiffs can opt out of the settlement, though their lawyers anticipate a very high rate of participation.
BD emphasized that it does not admit any wrongdoing and will continue to defend itself in cases from plaintiffs who choose not to participate in the settlement.
Tim O’Brien of Levin Papantonio and Kelsey Stokes of Fleming Nolen & Jez, lead lawyers for the federal plaintiffs, expressed their satisfaction with the settlement. In a joint statement, they noted that the “global resolution and resulting process will provide many individuals a measure of justice.”
Don Migliori of Motley Rice, a lead attorney for the plaintiffs in Rhode Island, highlighted the unique coordination between federal and state courts in this case, which he said set it apart from previous mass tort litigation settlements.
Special masters from both courts will collaborate to administer claims, ensuring that the claims process remains consistent for plaintiffs regardless of where their cases are pending. Migliori stated, “This is the first truly comprehensive effort where the two judges are working together.”
The first hernia mesh cases emerged in 2006 in Rhode Island state court, where hernia mesh manufacturer Davol was based. BD acquired Davol’s parent company, C.R. Bard, in 2017.
The lawsuits involve mesh products made from polypropylene, which are used to repair hernias. Plaintiffs claim that the mesh degraded after implantation, leading to injuries such as infections, chronic pain, and organ damage. Of the four cases that went to trial, three resulted in verdicts favoring the plaintiffs—$255,000 and $500,000 in federal court, and $4.8 million in state court. BD won the fourth trial in federal court.
The federal MDL case is In re: Davol Inc/C.R. Bard Inc Polypropylene Hernia Mesh Products Liability Litigation, U.S. District Court for the Southern District of Ohio, No. 18-md-02846. The Rhode Island litigation is In re: Davol/C.R. Bard hernia mesh multi-case management, Rhode Island Superior Court, No. PC-2018-9999.
