June 22, 2022
CEO Pleads Guilty To $17 Million DME Medicare Fraud

On April 15, 2022, a federal jury sitting in the United States District Court for the Southern District of Ohio, Eastern Division found in favor of the plaintiffs in the second bellwether surgical mesh case to be tried so far in the multidistrict litigation. The first trial resulted in a defense verdict in 2021.

The jury awarded the man $250,000 on his negligent design defect claim and $5,000 to his wife (also a plaintiff) on her loss of consortium claim. The jury found in favor of the defendants on the plaintiffs’ claims for strict liability for design defect, for negligent failure to warn, negligent misrepresentation, fraudulent misrepresentation, and for intentional misconduct or gross negligence claim.

The plaintiff had hernia repair surgery in 2007 during which C. R. Bard, Inc.’s Ventralex mesh was implanted. The plaintiffs alleged that the surgical mesh products caused pain, infection, inflammation, a bowel abscess, and other problems that required additional surgery in 2017.

Mesh plaintiffs allege in their lawsuits that the surgical mesh products were defectively designed because the polypropylene used in the construction of the mesh degrades when implanted in human tissue. The defendants maintain that the mesh products are safe and properly designed. Becton, Dickinson and Company acquired Defendant C.R. Bard, Inc. in 2017.

There are presently more than 16,000 federal surgical mesh cases that have been consolidated in federal court in Columbus, Ohio. Becton, Dickinson and Company also faces state court lawsuits over its hernia mesh. Becton, Dickinson and Company stated in its most recent quarterly report that it faces more than 26,000 pending hernia mesh lawsuits, most in the Ohio MDL or in a coordinated litigation in Rhode Island state court.

Johnson & Johnson’s Ethicon unit and Getinge’s Atrium Medical Corporation are also involved with MDLs consolidated for similar claims over their mesh products. In December 2021, Atrium announced that it had agreed to settle all claims against it for $66 million. The MDL against Ethicon remains pending. No trials have taken place with regard to the Ethicon mesh cases.


Becton, Dickinson and Company states on its website: “The Bard™ Ventralex™ Hernia Patch is intended for use in all forms of hernia repair requiring reinforcement with a non absorbable support material. The small Bard® Ventralex™ Hernia Patch (4.3 cm/1.7 in) is also intended to repair soft tissue deficiencies, including deficiencies caused by trocars … The Ventralex™ Hernia Patch is a self-expanding polypropylene and ePTFE patch that allows for an intraabdominal, tension-free repair. This technique is designed to eliminate the lateral dissection typically required for preperitoneal placement, which may help minimize post-op pain. Deep placement of the prosthetic also allows for a strong repair and less chance of recurrence … Possible complications include seroma, adhesions, hematoma, inflammation, extrusion, fistula formation, infection, allergic reaction, and recurrence of the hernia or soft tissue defect. If the SorbaFlex™ PDO monofilament is cut or damaged during insertion or fixation, additional complications may include bowel or skin perforation and infection.”


If you or a family member were implanted with hernia mesh or other surgical mesh and suffered complications, injuries, or chronic pain afterwards, you should find a mesh claim lawyer in your U.S. state who may investigate your mesh claim for you and represent you or your family member in a claim against the manufacturer, distributor, and/or supplier of the mesh, if appropriate.

Visit our website or call us toll-free in the United States at 800-295-3959 to find mesh claim attorneys who may assist you.

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