The U.S. Judicial Panel for Multidistrict Litigation held a hearing in San Antonio in May 2017 to decide whether a multi-district litigation was appropriate for cases alleging injury as a result of implantation of Physiomesh, a hernia mesh device manufactured and sold by Johnson & Johnson subsidiary, Ethicon, Inc.  BBGA and other firms filed the initial petition requesting that the Panel create an MDL for the Physiomesh cases, and BBGA attorney Henry Garrard argued before the Panel at the San Antonio hearing.  On June 2, 2017, the Panel issued its ruling creating an MDL for the Physiomesh cases, and ordering the transfer of all Physiomesh cases to the Northern District of Georgia federal court in Atlanta before the Hon. Richard Story.  BBGA argued before the Panel that the Northern District of Georgia would be an appropriate location for the MDL.

An MDL is a procedural device which allows for the coordinated handling of multiple cases that have similar facts before a single court.  The Judicial Panel for Multidistrict Litigation decides whether an MDL is appropriate, and if so, where the MDL should be located.  When multiple individuals have suffered similar injuries from the same product or similar products, their cases are often assigned to a single court (the MDL court).  Coordinating litigation before a single court is intended to promote efficiency and economy, and to conserve resources.  When related cases are coordinated before a single court, important work necessary for the development of these cases does not have to be duplicated, and court rulings that can affect all cases are consistent.  The lawyers who represent plaintiffs are able to work together to achieve their clients’ common goals.

A leader in the national surgical mesh litigation for more than a decade, BBGA continues to have an active role in this important litigation. The initial status conference before Judge Story will be held on August 1, 2017, and BBGA is taking the lead role in preparing the documents requested by the court.  BBGA also intends to seek a formal leadership position in the MDL.