With Bellwether Trial Number Three Scheduled for October, We May See a Settlement Agreement Soon After That Case Concludes.
When will the Bard Hernia Mesh Lawsuit Settle? Bard, also known as C.R. Bard, is a medical device manufacturer that has faced litigation regarding its hernia mesh implants. Bard Hernia Mesh, a leading manufacturer of hernia mesh products, has been named in several lawsuits over their products.
Plaintiffs alleged that Bard’s hernia mesh was defectively designed and manufactured, causing serious complications such as infection, pain, organ damage, and nerve damage. Furthermore, many of these cases also allege that Bard failed to adequately warn patients of the potential risks involved with their hernia mesh products even though they were fully aware of them.
The Bard Hernia Mesh lawsuits have resulted in several multimillion-dollar settlements for affected individuals during the initial Bellwether Trials. But this is just the preliminary “test case trial phase” used to determine how much C.R. Bard should expect to settle these cases for, and how much plaintiffs and their attorneys should expect to receive in a settlement.
Plus, there are still many people who have yet to file a lawsuit or are in the process of doing so, which will have a significant impact on determining how much these cases will ultimately cost C.R. Bard. The hernia mesh class action MDL involving C.R. Bard continues to attract a significant number of new plaintiffs. In July alone, 206 additional cases have been added to the MDL, bringing the total number of hernia mesh plaintiffs to 19,476.
Since the beginning of 2023, the Bard hernia mesh MDL has seen 1,000 new cases added to its ranks, and given C.R. Bard’s stalling strategy, many more may end up being added by the time they reach settlement negotiations.
As of August 2023, Bellwether trials are underway. In Rhode Island state court, a jury awarded a plaintiff (Paul Trevino) $4.8 million. Paul Trevino filed a lawsuit claiming that C.R. Bard’s Ventralex hernia patch eroded into his bowel due to the company’s decision to prioritize cost over safety when selecting materials. The jury agreed that the design was flawed, and Bard had neglected to provide adequate warning about the associated risks.
You can read our detailed coverage of the Bard Hernia Mesh Lawsuit here: https://www.balancedbridge.com/bard-hernia-mesh-lawsuit-2023-update/
When Will The Bard Hernia Mesh Lawsuit Settle and be Paid?
This is the big question on a lot of plaintiffs’ minds – when is the Bard Hernia Mesh Lawsuit going to settle, and when will people be paid? The Trevino Bellwether trial has paved the way in helping the MDL determine what settlements should be based on how much juries are willing to award plaintiffs if a case goes to trial. The bottom line is, Bard will probably continue to stall, file motions, and do everything they can to drag this case out for as long as they can.
There is still one more Bellwether Trial to be held (Stinson v. C.R. Bard), but Bard is also doing everything it can to stall that trial, and more recently, trying to make sure Stinson v. C.R. Bard doesn’t go forward at all. The judge in the case had scheduled the trial for May 2023, but it was rescheduled for October 16, 2023.
In June 2023, Bard made an attempt to avoid using the Stinson case as the final Bellwether trial, arguing that the plaintiff was in such poor shape that this case wouldn’t be properly representative of other cases in the MDL. Most likely they knew it would result in a jury decision unfavorable to them. The judge denied this motion, and it looks like the Stinson Bellwether Trial will go forward in October 2023.
But what does this have to do with when the Bard Hernia Mesh Lawsuits will settle and when plaintiffs (and their attorneys) will get paid?
You must understand that class action lawsuits and MDLs take a long time. The bellwether trials are designed to “test the ground” so to speak. The amounts juries award plaintiffs in these “test run trials” help determine how much the defendant should expect to settle for, and how much plaintiffs and their attorneys should expect to receive.
The good news is, once the bellwether trials are concluded, settlements should start coming soon afterward. The judge in the MDL has already threatened C.R. Bard with removing MDL status and remanding the cases back to individual state courts if they did not immediately begin making a significant effort to move toward settling these cases.
If that were to happen, C.R. Bard would have to defend every single case one at a time in the state the lawsuit was filed in. This would ultimately lead to astronomical legal expenses and most likely, billions of dollars in judgments rendered in favor of plaintiffs. Because of this threat, we can expect to see the cases that have consolidated into MDL status begin settling soon after the October 2023 bellwether trial concludes.
Will Bard Hernia Mesh Lawsuits Settle in 2023?
A lot of people are wondering if the Bard Hernia Mesh Lawsuits will settle in 2023. At this point it is hard to tell. If the Stinson bellwether trial concludes quickly, we should expect to see settlement agreements being hashed out between defense and plaintiff attorneys in the MDL soon afterward. But at this point, it seems likely that the Bard Hernia Mesh Lawsuits are going to spill over into 2024.
When Will Bard Hernia Mesh Lawsuits Pay
And this is probably the biggest question on the minds of plaintiffs who have been included in the Bard Hernia Mesh MDL – when are we going to get paid once these cases settle.
The truth is – it can take a long time to receive a settlement check from an MDL or class action lawsuit. In recent major lawsuits like the Sexual Assault Lawsuits against USC (University of Southern California), the defendant was allowed to spread out payments over the course of eighteen months because the settlement was so large. Judges understand that some settlements are so sizable that the defendant would be bankrupted if forced to pay everything all at once, so they allow them time to pay.
In more recent major class action lawsuits like the lawsuits against 3M for AFFF Foam contamination, the company was given up to ten years to pay. This was also the case for JUUL e-cigarette maker, who recently settled with multiple states for advertising to, and addicting untold number of young people to their vape products – they too were given up to ten years to pay what they owe.
It seems unlikely that C.R. Bard will be given such a long time to pay, but plaintiffs and their attorneys should have their minds set to expect a lengthy wait before any actual settlement checks are sent out.
We wrote an entire article outlining how long it takes to receive a settlement check from a class action lawsuit.
Is It Too Late to Join the Bard Hernia Mesh Class Action Lawsuit?
No, it is not. In fact, one of the consequences of having C.R. Bard drag out these initial bellwether trials is that it is giving more people time to join the MDL. And the longer Bard drags out these preliminary “test drive” lawsuits, the more people will join the MDL, and the more people will receive settlements.
To join the Bard Hernia Mesh Lawsuit (MDL), you will want to find and contact an attorney who specializes in these types of cases to get your case added to the MDL. If you have had a Bard Hernia Mesh implant surgery, and you suffered complications, you need to contact an attorney, and we suggest you do so right away to get in right away.
Get Some of Your Money Fast Once Your Lawsuit Settles
If you are involved in the Bard Hernia Mesh Lawsuit as either a plaintiff or plaintiff attorney, Post funding for class action lawsuits can provide valuable assistance once these cases settle. Sooner or later, these Bard Hernia Mesh Lawsuits are going to settle, and once attorneys reach a settlement agreement and you (and your attorneys) are waiting for your funds to be disbursed, you have the option to “take out an advance” on the money you are owed from the Bard Hernia Mesh Lawsuit settlement, once a settlement agreement has been reached.
The same is true for attorneys representing clients in the Bard Hernia Mesh MDL – once these cases begin to settle, you can take out a post settlement advance on the contingency fees you are owed.
How a Settlement Advance for Class Action Lawsuits Works
Let us explain how a settlement advance works. Let’s say Mary is going to receive $100,000 as part of a class action lawsuit settlement in six months, but she wants to take out a settlement advance now on part of the $100,000.
- $100,000 – This is the amount Mary is owed from the class action lawsuit settlement in six months. The money owed from a class action lawsuit is considered an asset (like a stock or bond) and it can be sold to someone else for an agreed price.
- $50,000 – This is the amount of settlement advance Mary wants to receive and use now.
- $45,000 – This is the amount of money that Mary receives right away from Balanced Bridge Funding because she agrees to sell a portion of her class action lawsuit settlement to Balanced Bridge Funding. Balanced Bridge Funding now owns the right to a portion of Mary’s class action lawsuit settlement. Essentially, Balanced Bridge gets paid to wait for the settlement money to be distributed.
- $5,000 – This is the amount of money Balanced Bridge Funding makes for advancing Mary assuming payment is received in six months as agreed upon.
- $45,000 – Balanced Bridge Funding bought the asset from Mary for $45,000 and will receive $50,000 from the settlement attorney of record when the settlement is paid in six months, earning Balanced Bridge Funding $5,000.
$45,000 Advance Mary received from Balanced Bridge Funding
+ $50,000 Mary will receive when the settlement pays out in six months
= $95,000 This is the total amount Mary will receive from the class action lawsuit
NOTE: This information is a fictional example for the purpose of explaining how post settlement funding for class action lawsuits works and does not reflect the rates or fees charged for post settlement funding. Each case is different, and the amounts will depend on various factors including the time it takes for the case to collect.
Is Post Settlement Funding for Class Action Lawsuits a Loan?
A settlement advance for class action lawsuits is not a traditional loan. Rather than lending you money, a legal funding company considers the money you are owed from a class action lawsuit as an asset, akin to stocks or bonds. Like any other asset you possess, such as a car or house, you have the option to sell it to someone else.
Using the example from the infographic above, this person agreed to sell $50,000 of their class action lawsuit settlement for the price of $45,000. The settlement advance company now OWNS the right to $50,000 of the class action lawsuit settlement and will receive their money directly from the settlement. They bought the asset from you for $45,000 and will receive $50,000 from the settlement attorney of record when the settlement is paid, earning the legal funding company $5,000.
How much of my settlement can I sell to receive an advance?
The answer is – it depends. In most cases, you will be able to sell a large portion of your class action lawsuit settlement. But you will not normally be able to sell 100% of it.
What can I spend my Class Action Lawsuit Post Settlement Funding Advance on?
The great news is that once you receive a post settlement advance from a class action lawsuit or MDL, there are no restrictions on how you can use your money. It’s entirely up to you. Whether it’s for medical bills, education, relocation, or even a new car, the choice is yours. Treat it just like any other money in your bank account. Spend it as you see fit, knowing it’s yours to use however you wish.
Remember, unlike a loan, which may have a great deal of restrictions and guidelines as far as what you can spend the loan money on, this is not a loan. You are selling your class action lawsuit settlement and just like if you sold a car, the money from that sale is yours. Selling part of your class action lawsuit settlement is no different than selling a car or a house – once you’ve sold it, the proceeds from the sale are yours.
Will I have to pay taxes on my Bard Hernia Mesh settlement?
We cannot answer this question for you as an individual, but many types of settlements you receive are considered income by the IRS and are 100% taxable. This is not always the case, however. There are types of settlements that could be exempt from taxation. You should consult with your attorney and CPA to make sure you pay your taxes properly on any settlement money you receive.
Do I have to pay taxes on my post settlement funding advance?
Again, we cannot give you any advice personally, but generally, yes, you will. You are selling an asset, and when you sell an asset of any kind, whether it is a stock, bond, or home, you can expect to pay taxes on all, or a portion, of the amount of the sale. You should consult with your attorney and/or CPA to understand the tax consequences of selling your lawsuit settlement to a lawsuit financing company like Balanced Bridge Funding.
About a Post Settlement Advance with Balanced Bridge Funding
A Class Action Settlement Advance is a Non-Recourse Transaction: We Accept All the Risk
Class Action Lawsuit funding is a non-recourse transaction. This means you don’t need to worry about what might happen if the defendant suddenly can’t pay your settlement award — we accept all risk of non-payment, meaning that you will still get to keep the money from your settlement advance if the defendant goes bankrupt or is unable to pay for whatever reason.
Fast, Hassle Free Application
In most cases, we can get your money in your hands in one week or less. Our application is simple, straightforward, and easy to complete. Remember, this isn’t a loan, so there isn’t as much paperwork to go through. In most cases, we can approve your application and have your money deposited into your checking account in a matter of days.
Class Action Lawsuit Funding: If you think our post settlement funding solution could be the right fit for you, please call one of our legal funding specialists at 267-457-4540 or to apply online, simply CLICK HERE and fill out our quick form application.