
The Jon & Marc Podcast
The $88M Hernia Mesh Outlier, NEC Trial, & $1.5T Social Media Lawsuits
Key Takeaways $88M Covidien Hernia Mesh Verdict : Plaintiffs secured a massive $77 million compensatory award plus $11 million for loss of consortium involving Symbotex mesh, though as a non-punitive outlier, it may stall global settlement talks rather than force them. NEC MDL Trial Underway : Four years after MDL formation, the first trial is kicking off following wild state court swings ranging from a $495 million plaintiff victory to recent defense wins. Bard PowerPort Bellwether #2 : Following a defense-leaning first trial on an infection-only claim, the second bellwether shifts to a more severe device fracture and migration injury across 3,000 MDL cases. State AGs Target Social Media : Dubbed "the largest consumer protection lawsuit in American history," state AGs are seeking $1.5 trillion in damages and major platform overhauls (age verification, stopping doom scrolling) to protect minors. Trial Strategy & Leverage : Single large verdicts create defendant pressure, but building docket leverage requires consistent bellwether wins to drive realistic settlement valuations.

