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Written By: Robert King, Esq.
Legal Review By: Sandy Fazili, Esq.
The Hernia Mesh Lawsuit is an active lawsuit
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Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits involve over 24,000 cases in the United States and have been ongoing for several years. Major actions against manufacturers like Bard and Covidien have been consolidated into Multi-District Litigations (MDLs) in 2018 and 2022. The allegations include inadequate design, manufacturing, and failure to warn patients about the risks associated with the hernia mesh devices. Compensation claims vary, with some settlements reaching up to $1,000,000. Patients with post-2000 hernia mesh implants from these major manufacturers represent about 80% of the market and may be eligible for compensation due to complications like infection, migration, adhesion, and hernia recurrence. Robert King, an experienced hernia mesh attorney, understands the importance of specialized legal help in these complex medical device cases. King Law is providing information, updates, and comprehensive hernia mesh case evaluations nationwide.

Hernia Mesh Lawsuit Update – May 2024

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 plaintiff’s 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 plaintiff’s 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 Plaintiff’s 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, plaintiff’s should hope that the lawyer they hired has trial experience.

December 10, 2023: Covidien Hernia Mesh Discovery Process Continues

Attorney’s selected as part of the leadership team for the Plaintiff’s 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 attorney’s 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 cased 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 Multi-District 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 plaintiff’s. 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, 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 $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 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 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 2023

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 2023

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 2023

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 2023

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

>>> Read Past Hernia Mesh Lawsuit Updates Here

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.

Infographic defining what hernia mesh is

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Hernia Mesh Lawsuit Settlement Amounts

Hernia Mesh Surgery
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

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

Hernia Mesh Lawsuit Timeline

Below is the an average hernia mesh lawsuit timeline. Note that the process can end with a settlement from the second point onwards.

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

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

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

Hernia Mesh Complications and Recalls

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

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

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

Hernia mesh complications include:

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

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

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

Hernia Mesh Recalls

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

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

Manufacturers Facing Hernia Mesh Lawsuits

Ethicon (Johnson & Johnson)

  • Physiomesh Flexible Composite Mesh (market withdrawal)

  • Proceed Surgical Mesh

  • Prolene Hernia System

Atrium (Maquet, Getinge Group)

  • C-QUR Mesh

  • C-QUR V-Patch

  • C-QUR Edge Mesh V-Patch

  • C-QUR Lite Mesh V-Patch

  • C-QUR OVT Mesh

  • C-QUR RPM Mesh

  • C-QUR Tacshield

  • C-QUR Mosaic

Covidien (Medtronic)

  • Parietex Surgical Mesh

  • Parietex Composite Mesh

  • Parietex ProGrip Mesh

C.R. Bard (Davol)

  • PerFix Mesh

  • Kugel Hernia Mesh

  • 3DMax Mesh

  • Ventralex ST Hernia Mesh

  • Ventralex Patch

  • Sepramesh IP Composite Mesh

  • Composix E/X Mesh

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

Hernia Mesh Side Effects Years Later

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

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

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

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

Infographic about what the lawsuits allege about hernia mesh products

Hernia Mesh Failure Symptoms and Signs

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

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

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

Infographic about signs and symptoms of hernia mesh complications

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

Is the hernia mesh lawsuit real?
Yes, the lawsuit for mesh hernia is real. As of late June 2023, over than 19,000 hernia mesh lawsuits were pending in the Bard MDL, with the third bellwether trial currently scheduled for October 2023.
What is the average payout for the hernia mesh lawsuit?
Calculating hernia mesh lawsuit average payout is difficult. Based on previous hernia mesh judgments and settlement cases, hernia mesh claims are expected to be valued from $50,000 to $1 million depending on the details and specifics of the case.
Do I qualify for the hernia mesh lawsuit?
If you suffered severe side effects or complications after hernia mesh surgery, you may qualify for a lawsuit.
How do I join the hernia mesh class action lawsuit?
Hernia mesh lawsuits are not part of a traditional class action lawsuit but are treated similarly. With a traditional class action lawsuit many similar cases are combined into a single case and all the plaintiffs win or they all reach a settlement or they all lose. Hernia mesh cases are filed as individual product liability injury lawsuits. The cases are treated like a class action in that similar cases against the same manufacturer are consolidated through a multi-district litigation (or MDL) process and assigned to a single judge for pre-trial purposes but they are separated if they go to trial. This means, unlike a class action lawsuit, you have your own case against one or more mesh manufacturers that can be tried or settled independently of all other cases.
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.
What do the lawsuits allege about the hernia mesh products?
The hernia mesh lawsuits claim that the medical devices (mesh implants) have design flaws and the manufacturers have failed to properly warn medical providers of the possible complications.
Is the hernia mesh lawsuit still going on?
Yes, hernia mesh lawsuits are still active and new cases have been filed.
What is the status of the hernia mesh lawsuits?
There will be a third Bellwether trial (STINSON V. C.R. BARD) in the C.R. Bard Hernia Mesh Litigation currently scheduled for October, 2023 in the US Court for the Southern District of Ohio. The Covidien Hernia Mesh cases have been consolidated and transferred to the US Court for the District of Massachusetts for coordinated discovery and Bellwether trial case selection.
How long does hernia mesh lawsuit take?
Depending on the case, hernia mesh lawsuits can take anywhere from one to three years to resolve.
What is the average settlement for the hernia mesh lawsuit?
Questions like “how much can you get from a hernia mesh lawsuit” or “how much is a hernia mesh lawsuit worth” are very common. Hernia mesh claims are likely to be valued anywhere between $50,000 to $1 million depending on the specifics of the case. This estimate is based on previous verdicts and settlements from similar cases.
How to file a hernia mesh lawsuit?
Speak with a personal injury lawyer with knowledge of hernia mesh cases. Your case will be reviewed by an attorney to determine whether or not you qualify.
What is the statute of limitations on a hernia mesh lawsuit?
Generally, the manufacturer of the hernia mesh must be sued within two years of your injury. If you miss this timeframe, it is unlikely you will be able to file a hernia mesh lawsuit.

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:

  1. 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/
  2. Kugel Patch recalls – Drugwatch: https://www.drugwatch.com/hernia-mesh/kugel-patch/
  3. Hernia MEsh Lawsuits – Drugwatch: https://www.drugwatch.com/hernia-mesh/lawsuits/
  4. 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
  5. 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
  6. 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
  7. Settlement Master Appointed For Bard Hernia Mesh Lawsuits – MedTruth: https://medtruth.com/articles/legal-developments/settlement-master-appointed-for-bard-hernia-mesh-lawsuits/
  8. 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/
  9. Hernia Mesh Lawsuit Update (July 2023) – Forbes: https://www.forbes.com/advisor/legal/product-liability/hernia-mesh-lawsuit/
  10. MDL 2846 Case Management Order No. 37 – https://www.ohsd.uscourts.gov/sites/ohsd/files//MDL%202846Case%20Management%20Order%20No.%2037.pdf
  11. 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/
  12. Long-term Recurrence and Complications Associated With Elective Incisional Hernia Repair – Dunja Kokotovic, Thue Bisgaard, Frederik Helgstrand: https://jamanetwork.com/journals/jama/fullarticle/2565771
  13. Testicular ischemia following mesh hernia repair and acute prostatitis – Pepe Pietro and Aragona Francesco: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2721618/
  14. 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/
  15. Medical Device Recalls – FDA: https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRES/res.cfm
  16. Hernia mesh litigation mounts – NH Business Review: https://www.nhbr.com/hernia-mesh-litigation-mounts/
  17.  Hernia Surgical Mesh Implants – FDA: https://www.fda.gov/medical-devices/implants-and-prosthetics/hernia-surgical-mesh-implants
  18. 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/
  19. $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
  20. 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
  21. Demographic and socioeconomic aspects of hernia repair in the United States in 2003 – Ira M Rutkow: https://pubmed.ncbi.nlm.nih.gov/14533902/
  22. Cooper v. Covidien, Inc. et al, Case Summary: https://unicourt.com/case/pc-db5-cooper-v-covidien-inc-et-al-1360234
  23. 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
  24. Hernia Mesh Lawsuits – ConsumerNotice.org:
    https://www.consumernotice.org/legal/hernia-mesh-lawsuits/