Do you qualify to file a Hernia Mesh lawsuit?
- Have you had hernia surgery since 1995?
- Has your hernia surgery caused medical complications?
Hernia Mesh Lawsuit Update – November 2023
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, of the need for another bellwether trial. The defendant (C.R. Bard) and lawyers for the Plaintiff’s will be present to give Judge Sargus an update on the possible direction and next steps.
November 8, 2023: Jury Reaches 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
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 plaintiff’s 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 parties 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 mesh’s 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 Multi-District 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. Attorney’s selected in leadership roles are tasked with representing the interests of all plaintiff’s 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 attorney’s 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 a appoint a leadership committee in the case. In a multi-district litigation case (MDL) the leadership committee consists of experienced attorney’s 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 it’s 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 plaintiff’s 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 a other attorneys being appointed to the Plaintiff Steering Committee and an 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 multi-district 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 Plantiffs’ 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 plantiffs’ 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 multi-district 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 Trail (Stinson v. C.R. Bard) Rescheduled to October, 2023
The date for the 3rd bellwether trail in Stinson v. C.R. Bard has be 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
HERNIA MESH LAWSUIT
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, which led patients to file mesh hernia lawsuits.
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.
On this page:
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 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 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. 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 organised according to a points-based system, ranging from “Tier 1” (most serious) to “Tier 3” (least serious).
Hernia Mesh Lawsuit Settlement Amounts 2022
In April 2022, a jury ordered for $255,000 to be paid to Antonio Milanesi, with $5,000 of the amout 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 Lawyers for Hernia Mesh Lawsuit
Hernia mesh lawsuits have three main focuses:
- Defective design
- Failure to warn
- Manufacturing defects
Before you start looking for the best lawyer for 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.
Hernia Mesh Lawsuit Timeline
Below is the an average hernia mesh lawsuit timeline. 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 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)
- 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
|Ethicon (Johnson & Johnson)|
|Atrium (Maquet, Getinge Group)|
|C.R. Bard (Davol)|
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:
- 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 lymphnodes, 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
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?
- 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: