In a case management order (PDF) issued on November 21, U.S. District Judge Edmund A. Sargus announced the appointments of Ellen K. Reisman and John Jackson, to serve as Special Masters in the federal multidistrict litigation (MDL) established for the management of all Bard hernia mesh lawsuits.
The experienced mediators will organize and manage a Court-supervised Intensive Settlement Process (ISP), which is intended to resolve claims that do not settle as part of the global agreement. These Special Masters will hold a series of mediation sessions and provide the court with a quarterly update on the progress of the ISP, which is expected to continue through at least mid-2029.
Following the initial Bard hernia mesh settlement payouts over the next few years, the Special Masters will begin holding monthly conference sessions starting in January 2027, to address cases where claimants opted out of the settlement, rejected previous offers or otherwise have not resolved their claims.
Lawyers representing the unresolved claimants will have the ability to select the Special Master for mediation, with costs split between the parties. Each side will be required to appear in-person at the conference sessions, with full settlement authority to resolve the case.
The Intensive Settlement Program will continue until the Special Masters certify to the court that there are no longer any additional unresolved claimants that need to participate in the process. Until that occurs, individual plaintiffs are unable to file any individual motions requesting that their case be set for trial.