Davol, Bard Seek Summary Judgment in Bellwether Hernia Mesh Case

COLUMBUS, Ohio – Davol Inc. and C.R. Bard Inc. have moved for summary judgment in a bellwether hernia mesh product case, arguing that the plaintiff has failed to link his various injuries to their 3DMax mesh.

In a Jan. 10 motion filed before Judge Edmund Sargus Jr. of the U.S. District Court for the Southern District of Ohio, defendants further argue that the learned intermediary doctrine defeats the claims because the plaintiff’s implanting surgeon was well aware of the risks at the time of the surgery.

In 2012, Jacob Bryan was implanted with defendants’ large 3DMax mesh to repair a …