Hernia Mesh Lawsuit – March 2023 Update

Hernia mesh lawsuits are legal claims filed by patients suffering the consequences of defective hernia mesh implants. Hernia mesh lawsuits are filed against the manufacturers of surgical mesh and/or healthcare providers.

Patients’ attorneys argue that many hernia mesh products have design defects and are causing injuries and resulting in additional surgeries that would not have been necessary if a different product had been used or a different course of action had been taken. The faulty hernia mesh products have been seen to shrink, migrate, break, or reject, resulting in acute or chronic pain, infections, nerve damage, bowel obstruction, impotence, and other serious conditions. 

The manufacturers being sued include Ethicon (a Johnson & Johnson subsidiary), Bard (formerly known as C.R. Bard, owned by Becton Dickinson), Covidien (owned by Medtronic), Gore Medical (part of W. L. Gore & Associates, Inc), Genzyme (owned by Sanofi) and Atrium Medical Corporation. 

Your legal options for a hernia mesh case will vary depending on the specifics of your situation and who is responsible for your condition. It is natural to have questions. An experienced personal injury lawyer will be able to establish if you qualify for a lawsuit and guide you through every step of the process.

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Hernia Mesh Lawsuit Update 2023

March 11, 2023

Over 18,000 lawsuits involving Bard hernia mesh are being presided over by U.S. District Judge Edmund A. Sargus, who has announced that a third case will be presented to a federal jury on May 15, 2023. This comes after the first two bellwether trials, which were intended to gauge how juries would react to certain evidence and testimony, produced mixed results. The lawsuits all make similar allegations against C.R. Bard, claiming that the company sold polypropylene mesh products that were defective and increased the risk of complications after hernia surgery. Some of the mesh systems identified by the plaintiffs include Bard Ventralight, Bard Ventralex, Bard Perfix, Bard 3DMax, and others.

According to the plaintiffs, the mesh failed, leading to a host of complications, including severe abdominal pain, infections, and more. In many cases the patients needed to have the devices removed causing additional pain and suffering

January 4, 2023

The plaintiffs are currently awaiting the third bellwether trial in the Bard hernia mesh case.  A bellwether trial is one whose outcome is expected to inform people in similar upcoming trials of what to expect (e.g. how much compensation each plaintiff is likely to receive).

In December 2022, a personal injury lawsuit was filed against a different manufacturer, Covidien Inc, by Garett Cooper in Massachusetts district court (where Covidien was headquartered prior to its acquisitions by Medtronic and where thousands of additional claims are pending). Cooper’s complaint will be centralized with hundreds of other Covidien LLP lawsuits pending in the federal court system as part of a multidistrict litigation (MDL).

Many hope that a Bard hernia mesh settlement will be reached in 2023 and will trigger settlements in smaller MDLs like Covidien.

Hernia Mesh Lawsuit Settlement Amounts

Used in approximately 90% of all hernia repairs performed annually (approximately 800,000 groin hernia repair surgeries were performed in 2003 in the U.S.), hernia mesh left many patients with serious complications and hefty medical bills.  

There are several hernia mesh manufacturers in the U.S. The three that are facing the highest number of lawsuits in federal court are Atrium Medical, Bard, and Ethicon. These companies now face over 50,000 individual lawsuits combined. State lawsuits are pending against Covidien and Gore Medical.

Many hernia mesh cases settle before they go to trial, which is what most patients hope for. You may be wondering what the average hernia mesh lawsuit settlement amounts are. The average payout for a hernia mesh lawsuit is tricky to calculate. It is first important to understand the difference between an individual claim and an MDL. In individual cases, the plaintiffs present evidence of their unique problems and losses. On the other hand, Hernia mesh MDL plaintiffs fill in a standardised fact sheet. Individual personal injury settlements are confidential. In large MDLs with large numbers of suers, the settlements may reach a multi-million mark. The largest amount paid to date is $184 million paid in a global settlement by Bard (then C.R. bard) to settle approximately 3,000 cases in 2011.

Factors that determine the settlement amount may include the severity of injuries, the severity of economic impact (such as lost wages, legal and medical bills), the injuries’ effect on quality of life and personal relationships, etc. 

Individual plaintiffs in hernia mesh lawsuits with more serious complications receive larger settlements. This is organised according to a points-based system, ranging from “Tier 1” (most serious) to “Tier 3” (least serious).

The Best Lawyers for Hernia Mesh Lawsuit

Hernia mesh lawsuits have three main focuses: 

• Defective design 
• Failure to warn 
• Manufacturing defects

Things To Know Before Filing A Hernia Mesh Lawsuit

1. Find the Manufacturer and the Type of Your Implant
   This information is incredibly important when filing your lawsuit. Amongst other things, it will determine where your claim is filed. You want to know if similar lawsuits are being filed by other patients and if the mesh has been recalled. You can usually find this information in your hospital records.  
2. Know the Dates of Your Hernia Mesh Surgery and Any Further Surgeries
   Your medical records should provide this information as well. It could be useful to get copies of any other documentation available, like consent forms and medical bills.  
3. Confirm That You Qualify
   Your legal rights could be affected by where you live and when the surgery(-ies) was performed. A consultation with a hernia mesh lawyer will answer all of your questions. Initial consultations at King Law are free. 
4. Check the Statute of Limitations
   Hernia mesh lawsuits count as product liability cases. The rules for these vary from state to state. If you miss the deadline, you won’t be able to file a lawsuit or get compensation.For example, Kentucky’s statute of limitations for product liability cases is 1 year. California’s statute of limitations for product liability cases is 2 years, as is New York’s.

Hernia Mesh Lawsuit Process

Below is the process a lawsuit follows. Note that the process can end with a settlement from the second point onwards.

1. You hire an attorney
2. Your attorney files the complaint 
3. The discovery process: both sides lay their cards on the table and any other relevant information is sought
4. Pre-trial motions: it is decided what evidence and claims are admissible
5. Trial is held, verdict is announced 

Ideally, a lawsuit ends with a favorable settlement or jury verdict. Most cases settle before trial, but unfortunately, there is no guarantee of a favorable outcome or even any kind of payout at all. 

King Law is a partnership of 3 experienced attorneys with expertise in personal injury lawsuits and criminal defense. We are proactive advocates for injury victims, ready to hold manufacturers accountable for putting patients at risk. We will help you fight for the settlement you deserve, including compensation for medical expenses, loss of income, pain and suffering, loss of quality of life, and more. Contact our Rochester hernia mesh attorney for a consultation and learn how you can take charge of your situation.

Hernia Mesh Complications and Recalls

Common hernia mesh complications include pain, bleeding, bowel obstruction, infections, sexual dysfunction, bladder injuries, nerve damage and other extremely serious conditions.

Hernia repairs that require mesh are usually pretty straightforward, but sometimes complications manifest that require additional surgery.

Complications fall into two categories: operative and post-operative. If the issues are operative issues, then the cause is usually tissue damage during surgery. Post-operative complications have to do with the hernia recurring, infection, moving, shrinkage or rejection of the mesh.

Hernia mesh complications include:

• Adhesion (scar-like tissue that sticks tissues together that should not be stuck together)
• Infection 
• Rejection (immune response to the mesh)
• Bowel obstruction (blockage of the large or small intestine)
• Mesh migration
• Mesh shrinkage
• Bowel perforation (a hole in neighboring tissues or organs)
• Bleeding, blood in urine 
• Fistulae (abnormal connections between two body parts)
• Chronic or acute pain
• Hernia recurrence

Robinson, Clarke, Shoen, and Walsh analyzed 252 adverse event reports related to the use of surgical mesh for hernia repair. Adverse events included infection (42%, 107 reports), mechanical failure (18%, 46 reports), pain (9%, 23 reports), reaction (8%, 20 reports), intestinal complications (7%, 18 reports), adhesions (6%, 14 reports), seroma (4%, 9 reports), erosion (2%, 6 reports), and other (4%, 9 reports). Death occurred in 2% (5 cases). 

Some discomfort and tenderness after a hernia mesh surgery is considered normal, but recurring pain, stabbing pain and swelling or heat sensations around the surgery site may indicate a problem. Blood tests, CT scans and X-rays can be used to investigate potential  hernia mesh complications.

Hernia Mesh Recalls

Hernia mesh manufacturers have recalled more than 211,000 units of hernia mesh from 2005 to 2019. Please find a list of medical devices facing lawsuits below. 

Additionally, you can see if your device was recalled using the FDA medical device recalls database. 

Manufacturers Facing Hernia Mesh Lawsuits

Credit: https://www.consumersafety.org/ 

Hernia Mesh Side Effects Years Later

Hernia mesh complications are usually evident shortly after surgery, but may take months or even years to manifest. Research published in the National Center for Biotechnology Information includes an example in which hernia mesh complications reduced testicular blood supply, resulting in painful testicular ischemia 6 months after the surgery.

Research suggests that meshes reduce, but do not eliminate the possibility of hernia recurrence (recurrence is particularly common for inguinal hernias). A variety of hernia mesh complications, such as migration, adhesion, fistula and perforation, may lead to recurrence.

According to Dr. Mark Reiner, an NYC hernia surgery professional, in the case of hernia mesh failure, your doctor may have to perform surgery to remove the mesh and will also have to repair the hole. Another hernia repair surgery may be needed and can be considerably more difficult to perform than the original surgery. Medication, such as antibiotics, may also be needed to fight or prevent an infection.

Additional surgeries and visits to your healthcare professional result in a financial burden, additional risks, reduced quality of life as well as emotional stress. Consider reaching out to our team of experienced attorneys if you’re thinking about filing a hernia mesh lawsuit.

Hernia Mesh Failure Symptoms and Signs

Contact your healthcare provider immediately if you’re experiencing any of the following symptoms: 

1. Pain, discomfort or tenderness
   Patients suffering from hernia mesh failure often report pain in the area where the implant is located. Extreme bloating, swelling and abdominal bruising may also be signs of mesh failure. 
2. Flu-like symptoms
   These include fever, chills, body and muscle aches, headaches, fatigue, loss of appetite, sweating, swollen lymphnodes, etc. 
3. Nausea and vomiting
   If a patient has a hernia mesh implant, nausea can be a sign that something is wrong.  
4. Swelling, redness or heat in the vicinity of the implant
   If the vicinity of the implant appears swollen, or if redness or a rash is present, contact your doctor. 
5. Lethargy, depression and trouble sleeping
   Since chronic infections are often associated with hernia mesh failure, ongoing lethargy can be a symptom. It may mean that your body is working hard to fight off the infection, resulting in low energy levels.  
6. Constipation or Bowel Obstruction
   Faulty or misapplied mesh can cause gastrointestinal problems, such as constipation or inability to pass gas or even bowel obstruction that can require bowel removal.  
7. Erectile dysfunction
   Mesh complications may lead to impotence, particularly among patients with inguinal hernias. This may be a result of irritation or inflammation caused by the mesh or by a nerve or spermatic cord attaching to the implant.  
8. Hernia recurrence
   Hernia recurrence can be caused by a patient’s lifestyle, but it can also be caused by mesh detachment. It is difficult to prove that recurrence is caused by hernia mesh failure, especially since mesh generally reduces the chances of hernia recurrence. 

If you’re experiencing any of the symptoms above, you should contact your healthcare provider. Additionally, we recommend documenting all of your symptoms because you will need that information if you decide to pursue legal action.

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify to take legal action in a hernia mesh case if: 

• You suffered serious side effects or complications 
• You required additional surgery for your mesh hernia repair 
• Your loved one passed away due to hernia mesh complications

You need to be able to demonstrate that you suffered serious side effects by providing medical documentation, documentation of damages/losses, etc. 

You may be eligible to file a hernia mesh lawsuit, especially if the implant was manufactured by these companies:

• Atrium: C-QUR hernia mesh
• Bard: PerFix, Kugel, 3DMax, or Ventralex mesh
• Covidien: Parietex mesh
• Johnson & Johnson: Ethicon Physiomesh

Hernia Mesh Lawsuit Updates From 2022

December 14, 2022
Originally scheduled to begin February 21, 2023, the third bellwether Bard hernia mesh trial has been pushed back to May 2023. No formal reason was provided for the delay. The delay could be because of simple scheduling conflicts or because the Judge thinks a settlement is possible and is allowing more time for a deal to be reached.

October 1, 2022
A trial in the Bard hernia mesh MDL has been scheduled for February 21, 2023. The first bellwether trial ended in a defense verdict (verdict in favor of the defense), the second trial resulted in a $255K payout and the third trial resulted in a $4.8 million payout.

August 17, 2022
Judge Sargus appointed a settlement master in August 2022, an expert intended to facilitate a settlement to avoid a trial.

July 29, 2022
Public court filings indicate that Becton Dickinson & Co used harmful plastic in its hernia mesh kits.

June 7, 2022
Covidien hernia mesh lawsuits sent to U.S. Court in Massachusetts.

April 18, 2022
Federal jury in Ohio orders Bard and Davol to pay $255K to a Florida resident injured by a Ventralex hernia pad.

Frequently Asked Questions