3rd Bellwether Davol/Bard Hernia Mesh Case Set for Trial, Evidentiary Motions Addressed

COLUMBUS, Ohio — In a third bellwether case set for trial in the Davol Inc./C.R. Bard Inc. polypropylene hernia mesh multidistrict litigation, an Ohio federal judge ruled that the plaintiff’s expert, Dr. David Kessler, may testify about defendants’ knowledge of the device’s risks.

In a June 6 order, Judge Edmund A. Sargus of the U.S. District Court for the Southern District of Ohio further ruled, however, that Dr. Kessler may not offer opinions regarding complications not alleged by plaintiff Aaron Stinson, including death, because they are irrelevant.

“In his report, Dr. Kessler claims Defendants failed to warn about ‘the …