Bard Avaulta Surgical Mesh MDL: What Does It Mean To You?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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The Bard Avaulta surgical mesh MDL (multi-district litigation) is currently in the discovery phase. What does that mean, and more importantly, what does it mean to you?

Bard Avaulta MDL in Discovery Phase

Numerous surgical mesh injury lawsuits have been filed against C.R. Bard alleging that its surgical mesh product caused stress urinary incontinence (SUI) and pelvic organ prolapse (POP). In fact, so many lawsuits have been filed that they’ve been consolidated into what is known as an MDL.

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What Is an MDL?

An MDL coordinates all of the case filings in a particular category. So, instead of having 200, 300 or 1000 different lawyers taking the same depositions of the same corporate defendant, there are people in the Multi-District Litigation that are responsible for obtaining that discovery, getting whatever documents are needed and making all relevant information in the case available to everyone with a similar lawsuit. The defendant will do its discovery on the individual plaintiffs at the same time.

An MDL process makes it easier on everyone by avoiding a lot of duplication in the discovery process that can arise when there are a number of the same types of cases. Multi-District Litigation is not a barrier to filing a lawsuit, it simply creates timetables that every party filing a lawsuit must follow. There are court orders that will apply to every case that might not apply if the cases were litigated individually without the Multi-District Litigation coordination.

What Might the Bard Avaulta MDL Filing Mean to You?

Product liability lawyers say that the Bard Avaulta MDL set up in the Southern District Court of West Virginia is currently in the discovery phase and will address the pretrial issues and discovery for the federal cases so that common issues don’t have to be addressed over and over again in every case.

While there were only a dozen or so cases in Bard Avaulta MDL when it was first set up in October of 2010, that number has increased dramatically as more and more information is being discovered about how these products work and the injuries and side effects that have become associated with them.

The Bard MDL does not affect others who have been victims of surgical mesh injuries except for the fact that more information about the products, the injuries, and the manufacturers’ actions may be known for those who file surgical mesh lawsuits in the future.

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