Hernia Mesh Lawsuit – April 2025 Update
Hernia Mesh Lawsuit Overview
More than 24,000 people in the United States have sued hernia mesh manufacturers after experiencing injuries related to their hernia mesh implants. These cases allege manufacturers knew hernia mesh products were potentially defective, yet they did not properly warn patients. Major actions against hernia mesh manufacturers like Bard and Covidien have been occurring for several years. These lawsuits have been consolidated into Multidistrict Litigations (MDLs) in 2018 and 2022. People are filing lawsuits against these manufacturers for allegations including, inadequate design, manufacturing defects, and failure to warn patients about the risks associated with the hernia mesh devices. Patients who received hernia mesh implants starting in 1995 and who experienced complications like infection, migration, adhesion, and hernia recurrence may be eligible for compensation. Robert King, an experienced hernia mesh attorney, understands the importance of knowledgeable legal help in these complex medical device cases. King Law Firm is providing information, updates, comprehensive hernia mesh case evaluations, and legal representation nationwide.
Hernia Mesh Lawsuit – 2025 Update
April 11, 2025: First Bellwether Set for Covidien Hernia Mesh Lawsuits
The first bellwether trial in the group litigation against Covidien has been set for early 2026. The first test trial will be the case of Patterson v. Covidien, which will be heard on February 17, 2026. The trial will be held in person at the John Joseph Moakley Courthouse in Boston, MA. Bellwether trials are important in multidistrict litigations (MDLs) like the Covidien Hernia Mesh Products Liability Litigation. The outcome of this “test” trial will be important to Mr. Larry Patterson, who was injured by Covidien’s Symbotex hernia mesh device. The outcomes will also be crucial to the more than 1,700 people who have joined the litigation against Covidien. Facts and outcomes in this test trial will be highly relevant to other plaintiffs in this group litigation.
March 12, 2025: Plaintiffs in Bard Hernia Mesh Lawsuits Have Multiple Options for Settlements
Many people have joined the group litigation related to Bard’s hernia mesh implants, which have harmed thousands of people. Lawyers representing those people are working with their clients to determine the best path to a settlement. Quick-pay 1 is an option for people who do not have a qualifying injury. Quick-pay 2 is the option for people who experienced a qualifying injury that was mild or moderate. The traditional-pay settlement option will be for the people who experienced the most severe injuries. People are working with their lawyers to determine the best option, based on their individual circumstances. Some people are still eligible to join this lawsuit and should do so quickly.
March 10, 2025: Deadline For Expert Reports Approaches in Covidien Hernia Mesh Lawsuits as Mediation Begins
The deadline for experts to testify in the Covidien hernia mesh lawsuits are approaching. If the deadlines are not delayed, there could be bellwether (test) trials later this year. Lawyers representing people harmed by Covidien hernia mesh and lawyers for Covidien have agreed to an experienced mediator for these cases. Having an experienced mediator will likely bode well for the plaintiffs in these cases. Covidien is defending lawsuits on three different levels—Minnesota state court, Massachusetts state court, and the federal lawsuits pending in the District of Massachusetts.
March 3, 2025: Five More Hernia Mesh Lawsuits Lodged Against Davol and C.R. Bard
Throughout February 2025, the MDL panel judges transferred five new cases into the federal Hernia Mesh lawsuit against C.R. Bard, Davol, and other medical device companies. The plaintiffs sued these businesses because their hernia mesh products caused severe complications. Settlements are underway, and more plaintiffs can file new cases if they were hurt or their loved ones were killed because of defective hernia mesh products.
February 25, 2025: Settlement Deadline For Bard Hernia Mesh Claims Extended
People who have joined the group lawsuit after being injured by Bard’s hernia meshes will have more time to file their claims. Bard claimants have been instructed to use the crosslink portal to upload medical records and other evidence. There have been multiple technical issues with the portal. Although the deadline to file claims was supposed to be March 17, 2025, these issues caused that deadline to be pushed out by several months. Generally, the settlements are still on a first-come-first-served basis, so plaintiffs in this case are encouraged to work with attorneys to get their claims filed as quickly as possible.
February 4, 2025: In the Wake of Bard Settlement, Cases Against Hernia Mesh Manufacturers Increase
The hernia mesh litigation is in various stages, depending on the defendant. As of February 3, 2025, there are 24,102 cases pending against C.R. Bard many of which may be dismissed as part of last month’s settlement order. Meanwhile, 1,660 lawsuits against Covidien and 500 claims against Atrium have not been resolved. While Ethicon has faced over 4,000 hernia mesh lawsuits against it, all but about 16 of those were dismissed, mainly due to a previous settlement.
January 6, 2025: Hernia Mesh MDL Judge Enters Order Creating Settlement Fund for Hernia Mesh Lawsuits Against Bard
The Judge overseeing the Hernia Mesh Bard multidistrict lawsuit entered an order establishing a qualified settlement fund. Eligible plaintiffs may receive money from this fund if they settle their case with Bard. The amount that a plaintiff may get from this fund depends on things like their unique circumstances and the distribution rules in place under the applicable settlement agreement.
December 13, 2024: Deadlines Updated in Federal Covidien Hernia Mesh Lawsuits
The judge overseeing the Covidien hernia mesh multidistrict lawsuit (MDL 3029) has issued an updated schedule for pre-trial activities in 2025. Judge M. Page Kelly issued Case Management Order 15, which updated important deadlines for actions that will occur in this case. The order gave deadlines for general corporate discovery, expert discovery, selection of trial cases, motions, and the order of the trial cases. These deadlines will occur throughout 2025 and be important for all people who have filed lawsuits against Covidien after being harmed by their mesh products.
December 2, 2024: More Than 26,000 Pending Lawsuits Against Hernia Mesh Manufacturers
As of December 2, 2024, there are still 26,242 lawsuits pending against hernia mesh manufacturers like Bard, Covidien, Atrium and Ethicon, as part of multidistrict litigation efforts. Although some of these lawsuits have settled, it is expected that many settlements will occur in 2025. Additionally, more people will file lawsuits as they realize some hernia meshes have severe side effects resulting in pain, suffering, and repeat surgeries.
November 27, 2024: Judge In Bard Hernia Mesh Lawsuits Appoints Special Masters And Implements Intensive Settlement Process
The judge in the Bard Hernia Mesh multidistrict litigation (MDL 3081) has appointed two special masters and implemented an intensive settlements process (ISP) for people harmed by Bard’s hernia mesh products. Judge Edmund A. Sargus, Jr. appointed Ellen K. Reisman and John Jackson as Special Masters in MDL 3081. He also ordered that the Special Masters will organize and manage an ISP that will be supervised by the court. The ISP will continue until there are no additional unresolved claimants who need to be part of the process.
November 21, 2024: Covidien Agrees To Turn Over Long-Awaited Documents in Its Hernia Mesh Lawsuits
Lawyers for people harmed by hernia mesh have compelled the defendant, Covidien, to turn over important documentation in the multidistrict lawsuit. Plaintiffs have been waiting for Covidien to provide marketing and foreign regulatory materials, which plaintiffs’ attorneys say are very relevant to the case. After filing a motion on November 7 to get these outstanding materials from the defendant, a new date was agreed to by both parties. Covidien now has until November 29, 2024, to turn over the documents. Both parties agreed to this new due date in a Joint Stipulation filed on November 18, 2024.
November 15, 2024: More Covidien Hernia Mesh Lawsuits Filed in Consolidated Litigation
More people are filing lawsuits against Covidien after being harmed by their hernia mesh products. As of November, there are 1,546 pending hernia mesh lawsuits in the multidistrict litigation (MDL 3029) against Covidien, a hernia mesh manufacturer. There have been many settlement agreements among hernia mesh manufacturers and people who were injured by mesh. However, the unfortunate reality is people are still experiencing complications due to meshes used during hernia-repair surgeries. As these injuries occur, more people are likely to file lawsuits against Covidien and other hernia mesh manufacturers, such as Atrium, Ethicon, and Bard.
November 7, 2024: 10 More Plaintiffs Receive Settlements in Ethicon Hernia Mesh Lawsuit
Ten more people have received settlements from Ethicon after suffering injuries from hernia mesh. These details were made public in a Joint Motion filed on November 5, 2024. The plaintiffs receiving these settlements were part of the multidistrict litigation (MDL 2782) against Ethicon. People receiving these settlements had Ethicon’s physiomesh flexible composite hernia meshes implanted to repair hernias. Details of settlements are usually kept confidential, so dollar amounts are not available. However, these settlements are part of a trend of hernia mesh manufacturers compensating people for their injuries through settlements.
November 1, 2024: Judge Approves Settlement Fund in Atrium Hernia Mesh Lawsuit
The Hon. Landya B. McCafferty, the judge in the Atrium Hernia Mesh multidistrict lawsuit, has approved a proposed settlement fund: The RIL Atrium Hernia Mesh Qualified Settlement Fund. In her October Order, Judge McCafferty approved a qualified settlement fund subaccount and appointed Milestone as the administrator. Once operational, the fund will be used to compensate plaintiffs who experience injuries and losses relating to Atrium hernia mesh products.
October 21, 2024: Mississippi Plaintiff Dies in Bard Hernia MDL Lawsuit
A Mississippi plaintiff in the Bard hernia mesh multidistrict lawsuit has died. The plaintiff, William Mabry, passed away in June of 2022, and now his wife is taking action on his behalf. According to an October 15, 2024, court filing, his surviving wife, Joyce, believes he died because of complications the Bard hernia mesh caused and the underlying injury the product was used to treat. Joyce will stand in William’s place in this lawsuit as the administrator of his estate and continue their fight against Bard. In light of William’s passing, Joyce is also bringing a wrongful death claim against Bard for their harmful hernia mesh product.
October 17, 2024: As Settlement Occurs, Patients Are Still Filing Hernia Mesh Lawsuits
There is a settlement in the Bard Hernia Mesh litigations. The details of that settlement have been slow to emerge publicly. The docket control order from July that requires an expert report to file new cases has slowed the filings dramatically in the federal lawsuit. Even with this, our law firm still accepting new hernia mesh cases. The two largest manufacturers of hernia mesh, Bard and Covidien, continue to sell mesh products that have caused injuries. We expect thousand more hernia mesh cases to be filed in the next few years.
October 4, 2024: Bard Hernia Mesh MDL Arizona Plaintiff Passes Away
Arizona Plaintiff Stephen Luks — whose wife passed away in 2019 because of terrible and, eventually, fatal complications from the Bard Composix Kugel Hernia Patch — died on September 16, 2024. Stephen joined the MDL as part of a wrongful death claim because of his wife’s passing.
Shortly before Stephen’s death, his attorneys filed a motion to urge the court to allow Stephen and his family to resolve their claims in an individual lawsuit rather than part of the class action. Stephen’s attorneys filed their request in part because of Stephen’s advanced years and rapidly declining health. Tragically, Stephen died before the lawsuit’s conclusion.
According to a September 25, 2024, court filing, Stephen and Linda’s children and Linda’s Estate can continue to pursue their claims against Bard. Nonetheless, the deaths of Stephen and his wife Linda are a sobering reminder of the human aspect of these cases.
October 2, 2024: Bard Hernia Mesh Lawsuit Reaches Settlement
Becton, Dickinson, and Company (BD) just announced a settlement agreement to resolve most of the hernia mesh lawsuits against the company, including cases in Rhode Island and the federal MDL in Ohio. Bard said in its press release that this agreement is not an admission of wrongdoing, and the settlements are structured to minimize uncertainty for all parties. Payments to plaintiffs will be paid out over a multi-year period. In the coming weeks the amounts each person will receive will become more clear. A settlement “matrix” will likely be created which will take into account the severity of the injury as well as additional enhancements. While the dollar figures are unknown at this time we can glean from the last Bard hernia mesh litigation in 2011. Our attorney’s anticipate that settlement amounts will range from $50,000-$100,000 this time around. More to come.
September 24, 2024: Covidien Hernia Mesh Lawsuit Advances Through Discovery Phase
The Covidien hernia mesh lawsuit is progressing. Plaintiff lawyers have begun taking depositions of Covidien corporate representatives. Plaintiff lawyers and lawyers for Covidien and parent company Medtronic continue to work through the discovery process. The judge’s scheduling order remains in place, indicating a discovery deadline later this year. Expert reports will follow this phase of discovery. There are currently 1,472 cases pending in MDL 3092, making this hernia mesh litigation the 17th largest multidistrict litigation in the United States.
September 16, 2024: Arizona Family Seeks to Exit Bard Hernia Mesh MDL for Individual Case Pursuit
An Arizona family involved in the hernia mesh litigation has requested that their case be removed from the Hernia Mesh lawsuit and returned to court in Arizona. The motion for remand was filed on September 3, 2024, in the Bard Hernia Mesh lawsuit. The motion argues that the MDL is now six years old, and the plaintiff wishes to pursue their case independently, rather than as part of the 30,000-case MDL. The motion notes that the fourth bellwether trial was canceled and settlement negotiations have yet to result in a global settlement.
August 1, 2024: Discovery, Delays, and Potential Settlements in the Bard and Covidien Hernia Mesh MDLs
Judge Sargus has signed an order that now requires expert reports to be filed in the Bard Hernia Mesh MDL. Discovery is proceeding in the Covidien Hernia Mesh MDL, although the defense seems determined to delay document production as long as possible. Judge Sargus has also mentioned a global settlement agreement, although it is unclear if there is actually a global settlement in the Bard hernia mesh cases. It is worth noting that Judge Sargus signed his first case management order on August 17, 2018. The rule of thumb is about 5 years for a major federal court products liability lawsuit. This case is not much past the five-year mark. It is worth noting that the complexity of the hernia mesh lawsuit is that there are actually dozens of different hernia mesh products on the market. Each mesh product works differently, and the trial preparation for each product is very different. There have been several trials, most going the way of the plaintiff. We think there will be some major progress soon, but it is important to remember that Big Pharma companies continue to aggressively market dangerous products, including hernia mesh, and the lawsuits will continue.
July 14, 2024: Bard Hernia Mesh Lawsuit Enters Critical Phase with New Court Order
The Bard hernia mesh lawsuit has reached a critical stage. A new case management order issued by the Court directs a “stay” or pause to any new discovery, depositions, motions, etc. The order further indicates that the stay may be lifted if an individual elects to opt out of the master settlement agreement. Notably, the Court has also directed that any future cases filed would require the attorney to certify that all claims and records are true and accurate and requires that the plaintiff submit an expert report showing that their injuries were caused by a Bard mesh product. This is sometimes called a “Lone Pine” order, which requires plaintiffs to show specific causation or risk dismissal of their case. This is important because it will add significant costs and burdens to any new cases.
The language of the order typically indicates that a master settlement agreement may be in the works. Based on this order, it is expected that we will know much more in the next few weeks.
July 7, 2024: Settlement Rumors Persist in Bard Hernia Mesh Lawsuit Amid Rising Case Numbers
The rumors of a settlement in the Bard hernia mesh lawsuit continue to swirl. With almost 24,000 cases, C.R. Bard has the most pending cases out of the four companies involved in this litigation. Although some law firms may have recently made settlements with Bard, cases are still being added to the hernia mesh litigation. June alone saw nearly 750 new pending Bard cases, and negotiations remain ongoing as firms across the country work to finalize this massive litigation.
June 14, 2024: Bard Hernia Mesh Lawsuit Approaches Critical Juncture After Years of Litigation
The Bard hernia mesh lawsuit has been ongoing for nearly 6 years now. It officially became a Multidistrict Litigation (MDL) lawsuit in August of 2018. The process to get a case approved as an MDL is years of work by itself. In reality, attorneys have been working on this case for a decade. We think the finish line is in sight. Some law firms see the writing on the wall and have even stopped taking Bard cases given the timeline and the complexity in building a case. We’re still taking cases – but it might not be for much longer.
May 27, 2024: Ongoing Discovery Disputes in Covidien Hernia Mesh Lawsuit; Bard Quiet
The hernia mesh lawsuits have been eerily quiet for the past four weeks. There have been almost no filings in the Bard Hernia Mesh Lawsuit during this period. The Covidien Hernia Mesh Lawsuit seems to be in a typical period of argument regarding what discovery will be produced. Plaintiffs have been arguing that the production of documents by Covidien has been incomplete or insufficient. Defendants have even agreed with the plaintiff lawyers in some instances. The most recent status of the discovery disputes was outlined by the parties in the April 29, 2024, status report to the judge.
May 5, 2024: New Scheduling Order Extends Deadlines in Hernia Mesh Lawsuit
The Covidien Hernia Mesh Lawsuit has a new scheduling order. Case Management Order number 13, filed on April 8, 2024, extends the deadline for corporate discovery until December 9, 2024. The deadline to identify a plaintiff for the first of two cases to be tried is May 12, 2025. This order means that trials and any potential settlement are a long way off in the Covidien case. There has been a lot of discussion between the parties about whether the appropriate disclosures have been made by Covidien.
April 24, 2024: Bard Hernia Mesh Lawsuit Edges Towards Settlement as Mediation Begins
The Bard hernia mesh lawsuit may be poised for settlement. The final bellwether trial has been postponed indefinitely, and the court has ordered mediation. Case Management Order 51-A, signed by Judge Edmund Sargus, Jr. on February 29, 2024, ordered the Plaintiffs and Defense to attend a mediation for the purpose of settling the cases. The Order gives until May 24, 2024, for the parties to tell the Judge whether the parties have settled or come to an impasse. The judge also ordered that if there is an impasse, a plan for remanding cases to other courts must be submitted by June 24, 2024. The threat of remand is important leverage in favor of the hernia mesh plaintiffs. Remand means cases will be sent to the court where the case originated, which will be all across America. Remand is very expensive for the defense. The mediator is John Jackson.
March 26, 2024: Extension Requested for Discovery Deadline in Covidien Hernia Mesh Lawsuit
On March 22, 2024, plaintiffs filed a motion to extend the discovery deadline in the Covidien hernia mesh lawsuit. A motion is simply a request of a judge to take action based on a lawyer’s understanding of the law. The motion in this mesh lawsuit is that the defendants have not produced all the documents in their possession regarding the hernia mesh in question in this lawsuit. Plaintiffs’ lawyers argue they need the documents, especially those related to Progrip mesh and Symbotex mesh. Magistrate Judge M. Page Kelley ordered the defense to respond by April 1, 2024. There will be a virtual hearing on April 8, 2024.
February 25, 2024: Hernia Mesh Lawsuits Reach Critical State
The Hernia Mesh lawsuits are at critical stages this spring. The bellwether trial in the Bard hernia mesh lawsuit was postponed. This is decision comes shortly after the Judge denied the Plaintiff’s motion to begin returning cases to district courts around the country. This window of relaxed litigation in the court room is viewed by many as the judge encouraging settlement. If cases are returned to district court defense costs will skyrocket. The Covidien hernia mesh litigation is picking up pace as well. Some Covidien cases have been filed in Massachusetts, some have been filed in Minnesota, and others have been filed in federal court. The federal court cases were consolidated as part of an MDL. Depositions have begun for the corporate witnesses being produced by the defendant, Covidien. Last week, the Plaintiff’s in the MDL made a Motion to Quash, including a request for sanctions against the Defendant, alleging they were not providing information that was required. The motion was granted, but the court reserved decision on the request for sanctions.
February 25, 2024: Hernia Mesh Judge Schedules Settlement Mediation
There will be no more trials in the Bard hernia mesh lawsuit case and there is a chance that all cases are remanded (or sent back) to their respective states for trial. Judge Sargus has ordered the parties to meet with the Court appointed mediator March 4 and March 5, 2024, to discuss the possibility of settlement. Should the parties reach an impasse, the judge has asked the parties to report the Court by May 24, 2024. It is certainly possible that these negotiations prove fruitful. However, we could be looking at further delays. This litigation has been going on for over 5 years and a resolution would be welcomed by the plaintiffs.
February 8, 2024: The Clock is Ticking to File a Hernia Mesh Lawsuit
With the recent cancellation of the next hernia mesh trial, the window to file a hernia mesh lawsuit is closing quickly. Judge Sargus seems intent on getting this litigation over the finish line. Once lawyers settle their cases they are no longer permitted to accept new clients. If you have had hernia mesh surgery and have suffered complications such as infection, migration, perforation, or other serious conditions that required a follow up surgery, you should contact an attorney right away.
February 7, 2024: Judge Cancels Next Hernia Mesh Trial
The judge overseeing the Bard Hernia Mesh lawsuits has issued an order denying the plaintiffs request to remand cases to local courts, and has cancelled the upcoming trial, Bryan v. C.R. Bard, Inc., et al. The court indicated its frustration at the pace of the litigation and settlement talks. The Court noted that it “has spent a total of 56 days in trial and has issued more than 100 opinions on dispositive motions and evidentiary issues in bellwether cases.” Judge Sargus went on to say “The usefulness of another lengthy and expensive trial is dubious at best.” It remains to be seen if this will jumpstart negotiations or add additional delays. One thing is for sure, the Court is done overseeing trials and wants the case settled.
February 2, 2024: Judge Denies Bard Appeal in Hernia Mesh Lawsuit
As expected, Bard appealed the ruling in the most recent trial where a jury awarded plaintiff Aaron Stinson $500,000 for his injuries related to his hernia mesh implant. It is not surprise that Bard appealed, essentially resubmitting its motion for summary judgement to the trial judge. Bard will certainly exhaust all appeal options available to them. There is no reason to believe any will be granted. The next, and likely final, Bard Hernia Mesh trial is scheduled for April, 2024.
January 21, 2024: Next Bard Hernia Mesh Status Conference Set
Judge Edmund Sargus, who is overseeing the Bard Hernia Mesh lawsuits, has scheduled the next status conference for February 6th, at 1:30pm. After 3 trials, the big issue at hand is how cases will be handled moving forward. A motion by the plaintiffs has been made to remand cases back to their local jurisdictions for discovery and trials. This may be designed to put some pressure on the defendant to settle. The next, and likely last, Bard hernia mesh MDL trial is currently scheduled to take place in April of 2024. The plaintiffs remain frustrated with the pace of the lawsuit and the delays by the defendant’s. Everyone involved had hoped that there would be a settlement by now after 5 years of litigation. All possibilities are still on the table, including a settlement before the April trial, a settlement after the trial, and even the chance that cases could be sent back to local courts. One thing is clear, however, we should finally have some clarity here in the next few months.
January 1, 2024: Plaintiff’s Leadership Makes Motion for Hernia Mesh Lawsuit cases to be remanded to local courts
The Bard Hernia Mesh lawsuit has been going on for over 5 years with more than 20,000 cases filed in the Multi District Litigation (MDL). An MDL consolidates all cases from around the country into one federal court for purposes of efficiency and cost savings to all parties. After 3 bellwether trials (test trials) with the 4th scheduled for the Spring of 2024, and no settlement offer having been made by Bard, lawyers for the Plaintiffs have filed a motion to remand (or send back) all cases to individual federal district courts for trial. This strategy may be designed to put some pressure on the defendant to settle. Although there is the idea of holding trials in groups, practically speaking, if all cases were sent back to individual districts and each case had its own trial, it would literally take hundred’s of years to resolve them all. While it remains likely that the cases will settle globally in the MDL, it is certainly possible that all cases could end back in individual courts for trial. Should that become the case, plaintiffs should hope that the lawyer they hired has trial experience.
December 10, 2023: Covidien Hernia Mesh Discovery Process Continues
Attorneys selected as part of the leadership team for the Plaintiffs in the Covidien Hernia Mesh lawsuit continue their review of the more than 1 million documents supplied by the defendant as part of the discovery process, where parties are required to share information. The company has been bought and sold several times making the process even more cumbersome. Robert King, the lead Covidien Hernia Mesh lawyer in our firm is one of just 10 attorneys in the county to be part of this leadership as a member of the plaintiff’s steering committee.
December 3, 2023: Still no Bard Hernia Mesh global settlement – Lawsuit swells to 21,000
After a jury awarded Aaron Stinson $500,000 in his lawsuit against Bard, alleging the hernia mesh implant used caused severe injuries, there was speculation that Bard would soon settle the remaining cases. This “class-action” style hernia mesh lawsuit, officially known as an MDL, or Multidistrict Litigation, has seen an additional 500 cases filed in the last month, growing to more than 21,000. Should a settlement resolution not be reached in the next few months, the next bellwether trial (or test case) will take place in April 2024. The Plaintiff, Jacob Bryan, is suing Bard for injuries he sustained after being implanted with a 3DMax Hernia Mesh. A significant award by a jury in this case could go a long way in increasing the value of the the cases for the remaining plaintiffs. A ruling for the defendant could complicate matters and result in lower settlement offers. With the trial still 4 months away, a global settlement is still possible before then.
November 18, 2023: Status Conference Set For Hernia Mesh Class ACtion MDL Lawsuit
After the latest bellwether trial resulted in a $500,000 verdict for the Plaintiff, the class-action MDL (which houses the majority of the cases) is set for a status conference on January 16, 2024. While the case is not technically a “class-action” it does share many similarities. The conference will likely discuss the next steps for the case, including the possibility of a global settlement, or the need for another bellwether trial. The defendant (C.R. Bard) and lawyers for the Plaintiffs will be present to give Judge Sargus an update on the possible direction and next steps.
November 8, 2023: Jury Reaches $500,000 Verdict in Hernia Mesh Trial
A verdict has been reached in the much anticipated Bard Hernia Mesh Trial. Plaintiff Aaron Stinson made several claims, all of which the jury ruled on today. The jury’s verdicts on each claim are as follows:
1. Do you find in favor of Plaintiff on his Strict Products Liability – Design Defect claim
against Defendants? NO
2. Do you find in favor of Plaintiff on his Strict Liability—Failure to Warn claim against
Defendants? YES
3. Do you find in favor of Plaintiff on his Negligence claim against Defendants? YES
4. Do you find in favor of Plaintiff on his Negligence claim for Design Defect? NO
5. Do you find that Plaintiff has proven by clear and convincing evidence that Defendants acted with malice, which was a substantial cause of injury to Plaintiff? NO
Ultimately there the jury awarded $500,000 to Stinson. In terms of the litigation at large, it is a victory for the plaintiff.
Both parties are expected to appeal. What does this mean for the rest of the plaintiffs who have (or will) file a lawsuit against Bard? There remains one more bellwether trial scheduled for January. It remains to be seen if Bard will settle after the Stinson trial or if they will choose to move forward with the final trial. For now, those that may have a potential claim against Bard, there is still time to file a lawsuit. However, with the completion of this trial, that window is closing quickly.
November 8, 2023: Verdict in Bard Hernia Mesh Lawsuit is Imminent
After 15 days of testimony in the Bard Hernia Mesh Trial (Stinson v. C.R. Bard), a jury is expected to announce a verdict at any moment. Parties have used their 35 hours of trial time and proof closed at noon yesterday. No further evidence will be presented. A Motion for Judgement as a Matter of Law was filed in the case asking the judge to make a ruling. The Plaintiff and Defendant met with the judge for a charge conference where they will request instructions to be read to the jury. The judge will consider each party’s request and will make the final decision on jury instructions. Each party will have an opportunity to present a closing statement. This is their opportunity to make an argument to the jury as to how they believe they should view the evidence presented in the hernia mesh trial. After closing statements, the judge will instruct the jury regarding the law in this case. The jury will then be sequestered until they reach a verdict.
November 6, 2023: Bard Hernia Mesh Trial Expected to Wrap Up This week
After more than two weeks, the Bard Hernia Mesh Trial is still ongoing. Witnesses and experts continue to be called questioned. However, the Plaintiff (Aaron Stinson) and the Defendant (Bard Davol) filed a joint brief asking the court to use a single verdict form for damages, as required under Maine law. The brief highlights that asking a jury to award and calculate damages on multiple counts could be confusing and labor intensive. This process would also help to avoid the potential for appeals in the case. The results of the trial will have a major impact on the next steps for people injured by Bard Hernia Mesh products. A victory for the plaintiff will likely drive higher settlement amounts. The outcome will also impact other hernia mesh litigation, such as the Covidien brand cases, which are just in the discovery phase.
October 17, 2023: Pivotal Hernia Mesh Trial Underway
The long awaited Bard Hernia Mesh Trial is underway. The third bellwether trial, Stinson v. CR Bard, started yesterday. This trial is critical for plaintiffs and defendants in every hernia mesh litigation in the United States. The first trial verdict was for the defense, but since then Bard has taken two verdicts. In those cases the jury has found that the hernia mesh was defectively designed and caused injury to the plaintiff. A third consecutive verdict will increase the likelihood of a settlement in the Bard MDL as well as other hernia mesh cases.
Yesterday the trial moved at rocket speed. After years of waiting for a trial date and seemingly countless delays and legal arguments the Judge Sargus wasted no time. Preliminary comments were made by the judge at 9:00am. A jury of eight (6 jurors and two alternates) was seated by lunch time. (See trial notes) This is incredible efficiency. These are the people that could award millions of dollars to the plaintiffs and each member of the jury panel would have been questioned for only a few minutes. After lunch, both sides gave their opening statements. The plaintiff told the jury that this product was not safely designed and the manufacturer, Bard, knew it. The defense states that any injury was not caused by the mesh, but by some other means unique to this doctor, or plaintiff himself. A large verdict here would make the remaining cases more valuable, while a defense verdict would make the remaining cases less valuable.
October 6, 2023: Covidien Discovery
People involved in lawsuits often wonder what takes so long. It is common for a national litigation or “MDL” to last 5 or more years. The Bard hernia Mesh lawsuit is now over five years old. The Covidien Hernia Mesh lawsuit in federal court is now over a year old and there has not been any testimony taken from any witnesses. The MDL system is actually designed for efficiency, but doesn’t always feel like it. There are several rounds of negotiations and applications to the judge just about how the information will be exchanged between the parties, let alone actual arguments and trials. There are schedules set, and often times changed, because of “unforeseen circumstances.” In almost every case there are over a million documents to review. The Covidien hernia mesh case is no exception. There are at least 1.3 million documents provided by Medtronic, the parent company of Covidien. The Plaintiff’s Steering Committee or “PSC” is in the process of reviewing this extensive evidence. It is anticipated that they will further show that Covidien’s hernia meshs were defective and caused tremendous injury to many people that were implanted with this medical device.
October 4, 2023: Third Bard Hernia Mesh Lawsuit Trial Looms
The third, and possibly final, bellwether trial (or test case) in the Bard Hernia Mesh lawsuit is scheduled to begin in approximately 10 days. There have been a significant number of motions recently filed in the last month as both sides prepare for trial. The results of this trial will likely solidify future settlement offers as the sides continue to negotiate a resolution. It is still possible that a global settlement is reached prior to the start of the trial. One thing is for sure, the finish line is now in sight. There are currently more than 20,000 lawsuits filed in the Bard Hernia Mesh Multidistrict Litigation (MDL), which some refer to as the Bard Class Action Lawsuit.
September 18, 2023: Robert King Appointed to Plaintiff’s Leadership Committee in Hernia Mesh Lawsuit
The federal court overseeing the Covidien Hernia Mesh lawsuits in the District of Massachusetts, approved the appointment of lawyers to serve on the Plaintiff’s Leadership Counsel (PLC). Robert King was appointed as part of the Plaintiff’s Steering Committee. Attorneys selected in leadership roles are tasked with representing the interests of all plaintiffs who have filed lawsuits. Leadership is responsible for overall litigation strategy, coordination with the court and experts, discovery management, settlement negotiations, trial preparation, and more.
King is one of only 10 lawyers from around the country to be chosen to manage this uniquely complex lawsuit. He joins a highly qualified and respected group of national litigators set to advocate on behalf of all victims of defective Covidien Hernia Mesh products.
September 7, 2023: Third Bard Bellwether Trial Scheduled for October
A major step forward in the Bard Hernia Mesh Lawsuit is set to take place when the third bellwether trial, Stinson v. Davol, Inc., et al. (18-cv-1022), takes place on October 16, 2023. Some refer to these cases as the Bard Hernia Mesh Class Action lawsuit. While similar to a class action lawsuit, it does differ in some ways, mainly because the facts of each plaintiff’s case remain unique, and attorneys are able to negotiate settlements for each case individually. The trial was delayed while the plaintiff required a new surgery. Bard had made a motion to disqualify Stinson from the bellwether pool because his injuries were so severe that he no longer represented the majority of the lawsuits filed in the hernia mesh case. The judge overseeing the case, denied the motion, and the trial is expected to move forward as scheduled. The results of this trial will significantly impact the next stages including possible global settlement resolution.
August 20, 2023: Covidien Update – Proposed Order For Appointment of Leadership Committee Filed
On August 10, 2023, lead counsel for the plaintiffs in the Covidien Hernia Mesh lawsuits, filed a proposed order which would appoint a leadership committee in the case. In a multidistrict litigation case (MDL) the leadership committee consists of experienced attorneys who act as liaisons between the plaintiffs and the court and are charged with presenting legal arguments, engaging in the discovery process of gathering evidence, negotiating with the defendant and otherwise representing the interests of all plaintiffs in the matter. The judge is expected to rule on the proposed order soon.
August 1, 2023: Bard Hernia Mesh Lawsuit Reaches 20,000 Cases
July marked a milestone in the Bard Hernia Mesh Lawsuit as the MDL reached 20,000 cases. In just over two months from now, the third bellwether trial (Stinson v. C.R. Bard) will take place. The results of this trial are expected to be critical to the next stage, including possible settlement. The next status update is scheduled for August 29. 2023.
July 15, 2023: FDA Releases Guide on Benefits and Risks of Hernia Mesh
As a law firm we know how much damage hernia mesh can cause. The FDA just released a GUIDE outlining the benefits and many risks associated with hernia mesh. It is important for anyone considering hernia surgery to be fully aware of the risks involved.
June 22, 2023: Bard – Judge Denies Defense request to delay Hernia Mesh Trial
The Third Bellwether trial in the Bard Hernia Mesh Lawsuit, Stinson v. Bard, is scheduled for October 2023. The trial was delayed in May because the plaintiff needed additional surgery to treat the hernia. The case had been selected as a trial after negotiations between the plaintiff and defense. Following the adjournment the defense filed a motion asking that the case not be tried and another substituted in its place. The defense argued that the subsequent surgery from 2023 changed the case so it was not an appropriate test case and not representative of the majority of other cases. The plaintiff and their attorneys seem confident that they can show the Bard Perfix Plug caused the injury, including removal of the Plaintiff’s testicle and spermatic cord. The additional surgery might be viewed as a windfall for the plaintiff, and perhaps all of the plaintiffs in this case. The complaint originally filed in this case alleged only pain, which was a common complaint in the Bard Hernia Mesh Lawsuits. The increased level of injury makes a higher verdict more likely, as the jury can award damages for pain and suffering, which are certainly increased both now and in the future with this additional surgery. A higher verdict in this case will also likely lead to higher settlement values for other cases that get settled later. The judge denied the defense request for a different case to take the place of Stinson. This should be viewed as a victory for the Plaintiffs and a defeat for the Bard defense. The motion also illustrates the aggressive nature in which the case is being litigated. The defense has made motion after motion, which have largely been denied by the judge. The most aggressive defense motion came last year when the Bard defense filed a motion, which would have required expert review prior to any new case being filed. That motion was also denied.
June 20, 2023: Covidien Hernia Mesh Lawsuit Progress
The Covidien Hernia Mesh Lawsuit is accelerating. Last week the parties met with Judge Saris for “Science Day”. Several of the attorneys that appeared are also active in the Bard hernia mesh case. Science day is the day where the lawyers can brief the judge on complex scientific issues they anticipate coming before the Court in the future. In the Covidien case each side was given two hours to present. The number of Covidien cases filed has accelerated in the past few months. The Judge also anticipates cases that were previously filed in the State of Massachusetts being added to the Covidien MDL. We expect that a further acceleration of complaints to be filed against Covidien. We also anticipate other attorneys being appointed to the Plaintiff Steering Committee and the beginning stages of discovery. Discovery is the formal exchange of information between the parties.
June 14, 2023: Covidien Hernia Mesh Lawsuit: Judge Holds “Evidentiary/Science Day”
U.S. District Court Judge Patti B. Saris, who is overseeing the case regarding Hernia Mesh products manufactured by Covidien, has set a “Evidentiary/Science Day” to be held June 14, 2023 at 2:30pm. It is anticipated that this conference will provide the judge with a scientific background on what is a detailed and complicated set of medical facts regarding hernia mesh. Approximately one year ago, in June of 2022, all Covidien Hernia Mesh cases were consolidated into a multidistrict litigation (MDL) in the District of Massachusetts federal court for purposes of streamlining and simplifying the litigation process for the nearly 500 cases from around the country.
June 4, 2023: C.R. Bard Requests New Hernia Mesh Lawsuits for Bellwether Trials as Plaintiffs’ Conditions Worsen
As the 3rd and 4th bellwether trials approach, currently scheduled for October of 2023, and January of 2024, Bard is requesting a federal judge to replace those two trials with new plaintiffs. The company, which manufactures several hernia mesh products facing lawsuits, claims that the plaintiffs’ conditions in those cases have worsened to the point at which they are no longer representative of the thousands of other pending lawsuits. There are currently more than 18,000 lawsuits pending against Bard, which have been consolidated into a multidistrict litigation (MDL) in the Southern District of Ohio. The bellwether cases, or test trials, are used to provide insight into how juries might respond to testimony and evidence presented in hernia mesh trials. The outcomes of the bellwether trials could influence the settlement amounts for the remaining claims. The next case management conference in the matter is scheduled for June 13, 2023, before District Judge Edmund A. Sargus.
May 18, 2023: Landmark Hernia Mesh Lawsuit Trial Looms
Lawyers representing the plaintiffs in the hernia mesh litigation continue with their rigorous preparations for the forthcoming bellwether trial: Stinson v. Bard. This trial, slated for October, has the potential to be the most monumental hernia mesh litigation to date. A triumph for the plaintiffs would signify their third consecutive victory following the jury’s determination that Bard was culpable for defective design of the hernia mesh in the preceding bellwether trial, Milanesi v. Bard. The scale of potential litigation against the leading hernia mesh manufacturer appears to be on the cusp of substantial growth, particularly given the swiftly rendered $4.8 million verdict against Bard in the Rhode Island state court that succeeded the second bellwether trial. The scheduled trial was adjourned to unforeseen medical complications encountered by the plaintiff, necessitating further examination and inquiry by the defense before proceeding to trial. Contrary to circulating speculation, there seems to be no immediate indication of an impending settlement. If the plaintiffs secure another substantial verdict, it may effectively diminish the defense’s prospects of victory, while potentially inflating the future settlement figures associated with hernia mesh cases. Conversely, a defense verdict could engender further delay due to the resultant uncertainty in predicting future outcomes, potentially necessitating additional trials. In the eventuality of the aforementioned scenario, the fourth and final bellwether trial has been earmarked for January 2024. Should a settlement remain elusive following the conclusion of the fourth bellwether trial, the hernia mesh cases will be reassigned to their original jurisdiction to proceed towards trial.
April 19, 2023: Judge Approves Standard Plaintiff Fact Sheet for Bellwether Trials
A standardized Plaintiff Fact Sheet has been approved by an order issued by the US District Judge presiding over lawsuits against Covidien’s hernia mesh products. The lawsuits are being filed against Covidien and their parent company Medtronic over allegations that the products were faulty or defective and caused serious medical complications such as organ damage, severe pain, infections, and re-occurrences of hernias. These issues often required additional repair or revision surgeries.
In June 2022 all Covidien hernia mesh lawsuits were consolidated and transferred to U.S. District Judge Patti B. Saris in Massachusetts. The Court will choose a group of Covidien Hernia mesh lawsuit cases to be heard as “Bellwether” trials. These are test cases in which important legal issues are worked out, in turn guiding future trials and settlements. Covidien is just one of several companies facing hernia mesh lawsuits including C.R. Bard, Johnson & Johnson, and others.
April 2, 2023: Bard Hernia Mesh Lawsuit Settlement May Be Near
It is widely believed that the Third Bellwether trial currently scheduled for October, 2023, may settle prior to trial. This is leading to speculation that a global settlement may not be far off, giving potential plaintiffs a limited amount of time to become part of the lawsuit.
March 27, 2023: Third Bellwether Trial (Stinson v. C.R. Bard) Rescheduled to October, 2023
The date for the 3rd bellwether trial in Stinson v. C.R. Bard has been rescheduled to October 16, 2023. Originally calendared for May of 2023, the request by the defense for Bard (the manufacturer of the hernia mesh) was granted by Judge Sargus. While the trial has been entered into the Courts’ calendar, there remains speculation that a settlement may be reached prior to the trial. The projected settlement amounts still remain somewhat of a mystery as the first two bellwether trials resulted in vastly different outcomes with jury awards ranging from $250,000 to $4.8 million. We expect that settlement amounts may fall between $50,000 to $1,000,000 depending on individual factors including the severity of the injuries resulting from the hernia mesh failure.
March 22, 2023: Bard Hernia Mesh Trial Delayed
The third test case or “bellwether trial” in the MDL concerning hernia mesh manufactured by C.R. Bard has been delayed. Initially scheduled for May 15, 2023, the trial of Stinson v. C.R. Bard was intended to serve as the third test case. The judge recently denied a motion by the defense, thereby allowing the Stinson case to move forward. Despite this, the defense team for Bard requested a postponement of the trial, which was granted by the judge just days after. No new date has been set, however there is speculation that a settlement may be reached soon.
March 11, 2023: Updated Number of Bard Hernia Mesh Lawsuits
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
>>> Read Past Hernia Mesh Lawsuit Updates Here
HERNIA MESH LAWSUIT
Hernia mesh lawsuits are being filed by patients who suffered the consequences of defective hernia mesh implants. These 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. These claims say these additional surgeries 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 known to shrink, migrate, break, or be rejected by the patient. These complications can result in acute or chronic pain, infections, nerve damage, bowel obstruction, impotence, and other serious conditions, which lead patients to file lawsuits.
The hernia mesh manufacturers being sued include:
- Bard (formerly known as C.R. Bard, owned by Becton Dickinson)
- Covidien (owned by Medtronic)
- Ethicon (a Johnson & Johnson subsidiary)
- Atrium Medical Corporation
- Gore Medical (part of W. L. Gore & Associates, Inc)
- Genzyme (owned by Sanofi)
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.
On this page:
Hernia Mesh Lawsuit Update 2024
Hernia Mesh Settlement Amounts in 2024
Things To Know Before Filing A Hernia Mesh Lawsuit
Hernia Mesh Complications and Recalls
How Common Are Hernia Mesh Surgeries
Hernia Mesh Side Effects Years After Surgery
Hernia Mesh Failure Symptoms and Signs
Do You Qualify for a Hernia Mesh Lawsuit?
Short Form Complaints for Filing a Hernia Mesh Lawsuit
Hernia Mesh Settlement Amounts in 2024
Depending on whether a case goes to trial or is settled, the expected payout of a hernia mesh lawsuit may be $50,000 to $1 million. The amount of each settlement will vary based on a number of factors, including the injuries the patient suffered, how those injuries impacted their life, and the manufacturer of the hernia mesh.
Hernia mesh settlements will vary among the different manufacturers. 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. As of September 2024, these companies are facing more than 50,000 lawsuits. State lawsuits are pending against Covidien and Gore Medical, which will make this case number grow.
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 standardized fact sheet. Individual personal injury settlements are confidential. How much money you can get from hernia mesh lawsuits varies greatly. In large MDLs with large numbers of plaintiffs, 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. The lawsuit against Davol/Bard’s Kugel Mesh Hernia Patch (MDL No. 1842), originally filed in 2007 resulted in a settlement of $184 million ($60,000 for each of the 2,700 plaintiffs).
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 organized according to a points-based system, ranging from “Tier 1” (most serious) to “Tier 3” (least serious).
Past Hernia Mesh Lawsuit Settlement Amounts
In April 2022, a jury ordered for $255,000 to be paid to Antonio Milanesi, with $5,000 of the amount being for loss of consortium. Milanesi’s case was the second Bard bellwether trial. In his lawsuit, Milanesi claimed that his Ventralex brand hernia mesh was defective and caused a bowel abscess and infection.
It’s important to note that usually personal injury cases are settled privately and the settlement amount may not be announced. Moreover, as with any lawsuit, hernia mesh lawsuit settlements are not guaranteed and unfavorable outcomes at trial are possible.
Before you can ask “how much can you get for a hernia mesh lawsuit” you need to focus on building a strong case. Start by finding a qualified lawyer for your mesh for hernia lawsuit.
The Best Hernia Mesh Lawyers
The best hernia mesh implant lawyers are those with a deep understanding of the case. Experienced and reputable attorneys understand how mesh implants harmed patients and why the manufacturers should be held liable. They have a thorough knowledge of how defective designs, manufacturing defects, and improper warnings had negative impacts on hernia patients.
Before you start looking for a lawyer to represent you in your hernia mesh lawsuit, you need to gather the following information and be ready to answer questions about your surgery and the problems you’ve been experiencing.
Things To Know Before Filing A Hernia Mesh Lawsuit
- 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. - 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. - 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. - 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.
Steps to File a Hernia Mesh Lawsuit
Below are the typical steps to filing a hernia mesh lawsuit. Note that the process can end with a settlement from the second point onwards.
- You hire an attorney
- Your attorney files the complaint
- The discovery process: both sides lay their cards on the table and any other relevant information is sought
- Pre-trial motions: it is decided what evidence and claims are admissible
- 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 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 hernia mesh attorneys 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.
Problems and Complications Associated With Hernia Mesh Implants
Patients can experience many problems after having a hernia repaired. Some of these complications have led to severe consequences for patients. Many of those patients have pursued lawsuits against hernia mesh manufacturers, alleging they were not properly warned of the possible serious conditions.
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
A study published in the journal Surgical Endoscopy, titled, “Major mesh-related complications following hernia repair: events reported to the Food and Drug Administration,” examined post-surgical complications from hernia mesh. The authors, 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. Even if your device wasn’t recalled, you may be eligible to file a lawsuit.
Manufacturers Facing Hernia Mesh Lawsuits
| Ethicon (Johnson & Johnson) |
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| Atrium (Maquet, Getinge Group) |
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| Covidien (Medtronic) |
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| C.R. Bard (Davol) |
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How Common Are Hernia Mesh Surgeries?
The U.S. FDA estimates there are about 1 million hernia-repair surgeries performed in the United States each year. These procedures are so common that there are currently 70 different types of hernia mesh available. Most surgeons use a hernia mesh to reinforce the repair and decrease the chance of recurrence. About 800,000 of those surgeries are performed on inguinal hernias, or hernias that occur in the groin. Although many patients have benefited from their surgeries, others experienced serious complications, negative side effects, and associated medical bills.
Hernia Mesh Side Effects Years After Surgery
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:
- 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. - Flu-like symptoms
These include fever, chills, body and muscle aches, headaches, fatigue, loss of appetite, sweating, swollen lymph nodes, etc. - Nausea and vomiting
If a patient has a hernia mesh implant, nausea can be a sign that something is wrong. - 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. - 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. - 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. - 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. - 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
Short Form Complaints for Filing a Hernia Mesh Lawsuit
Short form complaints are used in hernia mesh lawsuits to streamline the legal process for plaintiffs seeking compensation for injuries caused by defective hernia mesh devices. These documents allow individuals to file their claims efficiently by incorporating the master complaint from the multidistrict litigation (MDL) case, outlining the specific details of their case which includes the type of hernia mesh implanted, the injuries they sustained, and the legal grounds for their lawsuit. By using short form complaints, plaintiffs can ensure their cases are managed consistently while adhering to the overarching framework established by the court.
CR Bard Hernia Mesh Short Form Complaint
The CR Bard Hernia Mesh Short Form Complaint is used to file claims related to injuries from Bard’s hernia mesh devices. This form incorporates the master complaint from MDL No. 2846, specifying the plaintiff’s details, the implanted mesh type, and the legal bases for the lawsuit, such as defective design and failure to warn.
Covidien Hernia Mesh Short Form Complaint
The Covidien Hernia Mesh Short Form Complaint is used to file claims for injuries caused by Covidien’s hernia mesh products. It references the master complaint from MDL No. 3029 and includes essential information about the plaintiff, the specific mesh devices implanted, and the grounds for the lawsuit, including negligence and strict product liability.
Hernia Mesh Lawsuit Updates From 2022
Here’s what happened in the hernia mesh lawsuit in 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
To file a hernia mesh implant lawsuit you need to start by securing legal representation. Search for “hernia mesh lawsuit lawyers near me” or contact our experienced team of lawyers at King Law by calling 585.270.8882.
Do you qualify to file a Hernia Mesh lawsuit?
- Have you had hernia surgery since 1995?
- Has your hernia surgery caused medical complications?
If you answered ‘yes’ to both questions, we believe you qualify. Call us now at 585.460.2193 to talk to someone about your case or submit your information online. We are accepting cases nationwide.
References:
- R.I. jury orders Becton Dickinson to pay $4.8 mln in hernia mesh trial – Reuters: https://www.reuters.com/legal/litigation/ri-jury-orders-becton-dickinson-pay-48-mln-hernia-mesh-trial-2022-08-29/
- Kugel Patch recalls – Drugwatch: https://www.drugwatch.com/hernia-mesh/kugel-patch/
- Hernia MEsh Lawsuits – Drugwatch: https://www.drugwatch.com/hernia-mesh/lawsuits/
- Bard Hit With $255,000 Verdict in Second Hernia Mesh Test Trial – Bloomberg Law: https://news.bloomberglaw.com/litigation/bard-hit-with-255-000-verdict-in-second-hernia-mesh-test-trial
- Covidien Hernia Mesh Lawsuits Sent to US Court in Massachusetts – Bloomberg Law:https://news.bloomberglaw.com/health-law-and-business/covidien-hernia-mesh-lawsuits-sent-to-us-court-in-massachusetts
- Becton Units Accused of Using Harmful Plastic in Hernia Mesh – Bloomberg UK: https://www.bloomberg.com/news/articles/2022-07-29/becton-units-accused-of-using-harmful-plastic-in-hernia-mesh?in_source=embedded-checkout-banner
- Settlement Master Appointed For Bard Hernia Mesh Lawsuits – MedTruth: https://medtruth.com/articles/legal-developments/settlement-master-appointed-for-bard-hernia-mesh-lawsuits/
- Jury finds Davol Inc. of Warwick negligent in hernia patch, awards man $4.8 million – The Providence Journal: https://www.providencejournal.com/story/news/courts/2022/08/29/davol-inc-warwick-found-negligent-mesh-hernia-repair-patch/7934109001/
- Hernia Mesh Lawsuit Update (July 2023) – Forbes: https://www.forbes.com/advisor/legal/product-liability/hernia-mesh-lawsuit/
- MDL 2846 Case Management Order No. 37 – https://www.ohsd.uscourts.gov/sites/ohsd/files//MDL%202846Case%20Management%20Order%20No.%2037.pdf
- What Are the Symptoms of Hernia Mesh Failure – Dr. Mark Reiner: https://www.nycherniasurgery.com/2018/08/28/what-are-the-symptoms-of-hernia-mesh-failure/
- Long-term Recurrence and Complications Associated With Elective Incisional Hernia Repair – Dunja Kokotovic, Thue Bisgaard, Frederik Helgstrand: https://jamanetwork.com/journals/jama/fullarticle/2565771
- Testicular ischemia following mesh hernia repair and acute prostatitis – Pepe Pietro and Aragona Francesco: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2721618/
- Scrotal migration of inguinal hernia repair mesh: an unusual cause of testicular mass – Gabriele Maffi, Lorenzo Carlo Pescatori,Giovanni Mauri, Luca Maria Sconfienza: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6243355/
- Medical Device Recalls – FDA: https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRES/res.cfm
- Hernia mesh litigation mounts – NH Business Review: https://www.nhbr.com/hernia-mesh-litigation-mounts/
- Hernia Surgical Mesh Implants – FDA: https://www.fda.gov/medical-devices/implants-and-prosthetics/hernia-surgical-mesh-implants
- Major mesh-related complications following hernia repair: events reported to the Food and Drug Administration – T N Robinson, J H Clarke, J Schoen, M D Walsh: https://pubmed.ncbi.nlm.nih.gov/16211441/
- $255k Verdict for Pensacola Couple After Hernia Mesh Injury – Ein Presswire: https://www.einpresswire.com/article/569524923/255k-verdict-for-pensacola-couple-after-hernia-mesh-injury
- 07-1842 – In Re: Kugel Mesh Hernia Patch Products Liability Litigation: https://www.govinfo.gov/app/details/USCOURTS-rid-1_07-md-01842/USCOURTS-rid-1_07-md-01842-14
- Demographic and socioeconomic aspects of hernia repair in the United States in 2003 – Ira M Rutkow: https://pubmed.ncbi.nlm.nih.gov/14533902/
- Cooper v. Covidien, Inc. et al, Case Summary: https://unicourt.com/case/pc-db5-cooper-v-covidien-inc-et-al-1360234
- Third Bard Hernia Mesh Injury Test Case Cleared for Trial – Bloomberg Law: https://news.bloomberglaw.com/litigation/third-bard-hernia-mesh-injury-test-case-cleared-for-trial
- Hernia Mesh Lawsuits – ConsumerNotice.org:
https://www.consumernotice.org/legal/hernia-mesh-lawsuits/
Understanding Hernia Mesh Lawsuits: A Comprehensive Guide