Allocation Strategy: Bard (MDL 2846) vs. Covidien (MDL 3029)

EXECUTIVE SUMMARY

The “Hernia Mesh” bucket is no longer a single asset class. As we enter Q1 2026, the litigation has bifurcated into two distinct phases. Bard has transitioned into a mature “Administration & Cleanup” phase, where value is found only in specific, high-damage claims. Covidien, conversely, has entered the “Active Litigation” phase, offering the growth potential that Bard provided in 2022.

This brief outlines why smart capital is shifting growth budgets to Covidien while maintaining a strict maintenance budget for Bard.

AT A GLANCE: THE DUAL-TRACK STRATEGY

DEEP DIVE: THE “MAINTENANCE” PLAY (BARD)

The Reality: The “land grab” is over. The court is actively purging cases that lack immediate proof of revision.

The Opportunity: “Late Discovery” Claimants.

There remains a steady stream of plaintiffs who had Bard mesh implanted 5-10 years ago but are only now undergoing revision surgery.

• Why Buy: These are “Settlement Ready” assets. They bypass the risky “causation” discovery phase and slot directly into higher settlement tiers.
• Intake Mandate: Must enforce a “Hard Revision Filter.” If the mesh is not out (or scheduled to come out), the case is a liability, not an asset.

DEEP DIVE: THE “GROWTH” PLAY (COVIDIEN)

The Reality: MDL 3029 (Dist. of Mass.) is where MDL 2846 was three years ago.

The Opportunity: Diversification.

With trials scheduled to heat up in 2026, Covidien offers the “pressure leverage” that drives case value.

• Why Buy: To build future inventory. As Bard settles out, firms need to replenish their tort/product liability active dockets. Covidien offers a different defendant (Medtronic) and a different mechanism of injury (Polyester vs. Polypropylene), providing true portfolio diversification.
• Intake Mandate: Aggressive acquisition. While revision is preferred, surgical recurrence and infection cases are still viable for inventory building.

THE BOTTOM LINE

Do not treat these dockets the same.

1. For Bard: Stop buying “pain.” Buy evidence. Use our Tier 1 Protocol to cherry-pick the highest value claims to top off your settlement group.
2. For Covidien: Open the faucet. Use our standard mass tort campaigns to acquire market share before the cost-per-case spikes during the first trial.

ACTION ITEM

Mohr Marketing has allocation available for both dockets in February 2026.

• Bard Campaign: Capped at 50 leads/firm (Strict Revision Filter).
• Covidien Campaign: Open Volume (Standard Criteria).

Contact:

Mohr Marketing, LLC

866-695-9058

www.mohrmktg.com

Summary

Article Name

Allocation Strategy: Bard (MDL 2846) vs. Covidien (MDL 3029)

Description

This brief outlines why smart capital is shifting growth budgets to Covidien while maintaining a strict maintenance budget for Bard.

Author

Susan Mohr

Publisher Name

Mohr Marketing, LLC

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