BD (Becton, Dickinson and Company) (NYSE: BDX), a leading global medical technology company, announced on October 2, 2024 that it has reached an agreement to resolve the vast majority of its existing hernia litigation.
Terms of the settlement agreement, which are confidential, include cases in both the Rhode Island consolidated litigation and the federal multidistrict litigation in Ohio. The aggregate amount payable pursuant to this settlement is within the company’s current product litigation reserve for this matter and will be paid out over a multi-year period. As a result, the settlement amount is already recorded as a liability within BD’s consolidated balance sheet and the agreement will not result in an incremental charge to the company’s consolidated income statement. BD believes this agreement is in the best interest of all parties and is structured to eliminate uncertainty for all stakeholders related to the settled cases. The hernia mass tort litigation represents a large majority of BD’s total product litigation reserve.
The multi-year payment structure was contemplated as part of the company’s cash flow planning process and was included in its previously communicated free cash flow goals and capital allocation strategy.
The settlement does not include any admission of liability or wrongdoing, and BD continues to dispute the allegations in these matters. The company will continue to vigorously defend itself in cases not resolved through this agreement.
BD states that patient safety and product quality are top priorities at BD. All implantable medical devices carry inherent risks and provide significant clinical benefits. BD is confident in both the design of its products and fulfilling its obligation to provide information about both the risks and the benefits of its products, enabling physicians, in consultation with their patients, to determine whether those benefits outweigh the potential risks in a particular instance.
The plaintiffs allege that BD’s flexible polypropylene mesh products implanted to repair hernias are defective. Plaintiffs allege that their mesh implants degraded in their bodies and caused a variety of injuries, including infection, chronic pain, and organ damage.
Three of the four mesh trials that have gone to trial resulted in verdicts for the plaintiffs: $255,000 and $500,000 in federal court cases, and $4.8 million in state court. BD prevailed in one federal case.
The federal MDL 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.
If you or a family member were implanted with surgical mesh and suffered mesh erosion, 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.
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