Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh
The Davol/C.R. Bard hernia mesh docket is one of the largest active products-liability MDLs by pending-action count, consolidating claims that polypropylene mesh implants used to repair hernias degrade, migrate, or provoke chronic inflammatory reactions, producing pain, adhesions, bowel injury, and repeat surgery to remove or replace the mesh. A docket of this scale, more than seven years into centralization, generally offers funders meaningfully more pricing information than an early-stage matter: claim categories have been tested, defense positions are well understood, and the range of outcomes across different injury severities and surgical histories is far better mapped than it would be in year one.
For a law firm holding a substantial inventory of hernia mesh claims, that maturity supports portfolio-level financing structured around tiers of injury severity — revision surgery with documented mesh removal typically anchors the higher end, while claims resting mainly on ongoing pain without a confirmed removal sit lower — rather than a flat, undifferentiated advance across the whole book. Criterica Capital's mass tort finance product is built for exactly this kind of tiered, high-volume inventory, and a firm with meaningful hernia mesh volume may also find portfolio finance structures worth exploring alongside single-docket advances.
Medical-lien exposure is a first-order consideration in this docket given how often the injury involves hospitalization, imaging, and a second surgical procedure: Medicare, Medicaid, and private-insurer liens should be modeled early, since mesh-removal surgery can generate lien balances substantial enough to materially affect net recovery and, in turn, funding structure. Duration risk is shaped less by the number of remaining actions than by how the transferee court sequences the claims still active in the docket toward resolution or remand.
A structural brief on this litigation's procedural posture — available from Criterica Intelligence — is a useful complement to any inventory-level funding analysis here.
Pre-settlement funding is a non-recourse purchase of a portion of the proceeds of a pending legal claim — not a loan. If the case does not result in a recovery, nothing is owed. Rates, fees, and repayment terms are disclosed in full in the funding agreement, which the applicant’s attorney reviews before signing. Availability and terms vary by state.
Litigation structure and resolution-risk brief on Criterica Intelligence →