Hernia Mesh Settlements in 2024

People who were harmed by hernia mesh repairs are reaching settlements with mesh manufacturers. For some plaintiffs, an average settlement for hernia mesh may be between $60,000 and $100,000. One Bard hernia mesh settlement reached $250 million, but this is not a typical outcome. The exact amount someone receives in a settlement depends on many factors, including that they are able to prove their case. 

Thousands of people are suing Covidien, Bard, Ethicon (a Johnson & Johnson company), and other hernia mesh manufacturers because hernia mesh products harmed them. These hernia mesh products can cause serious infections, bowel blockages, and organ damage as they break down in the body.

Hernia Mesh Settlement Updates in 2024

November 1, 2024: Settlement Fund Approved in Atrium Hernia Mesh Lawsuit

Injured consumers and Atrium Medical Corp. finalized a confidential settlement agreement. The judge handling the case approved a special fund into which Atrium will deposit money. According to the Judge’s October Order, Milestone will be in charge of managing the fund and making payouts to eligible plaintiffs. 

October 17, 2024: Settlement Agreement in Bard Hernia Mesh Multidistrict Litigation

The parties reached a confidential settlement in the Bard Hernia Mesh litigation. As the number of lawsuits against Bard and Covidien increases, these pharmaceutical companies continue to make and sell hernia mesh that causes harm and possibly death. 

October 2, 2024: Becton, Dickinson, and Company Announced a Settlement in the Bard Hernia Mesh Lawsuit 

Becton, Dickinson, and Company (BD) signed an agreement to settle some existing hernia mesh lawsuits in Rhode Island and Ohio. Bard still denies wrongdoing and created the settlement agreement to reduce uncertainty for some plaintiffs. 

In past similar lawsuits, qualifying plaintiffs received payouts from a settlement fund based on a set formula. The exact amount an individual plaintiff might get can vary. Based on 2011 settlement figures, our attorneys believe some plaintiffs might receive $50,000 to $100,000 if they win their claim. But, past results do not guarantee a future outcome. 

August 1, 2024: Hints at Settlement in the Hernia Mesh MDLs Against Bard and Covidien

The Judge in the Bard and Covidien hernia mesh multidistrict litigation cases floated the possibility of a global settlement agreement. If there is a settlement, the details are not public yet. 

July 7, 2024: Continued Signs of a Settlement in Bard Hernia Mesh Lawsuit

There is a possible settlement in the Bard hernia mesh lawsuit. Nearly 24,000 lawsuits are pending against C.R. Bard, the maker of harmful hernia mesh that consumers say injured them or caused their loved ones’ deaths. A settlement could give eligible plaintiffs a financial award for their losses. 

April 24, 2024: Possible Settlement in the Bard Hernia Mesh Lawsuit 

As the May 24, 2024, deadline nears, the consumers and pharmaceutical companies may have agreed to a settlement. The judge ordered them to go to mediation to negotiate a settlement. If they cannot agree to a fair deal, the Judge asked them to report this on May 24, 2024. In the court order about the mediation plan, the Judge said he may return cases to state court if settlement talks were unsuccessful. 

February 25, 2024: Judge Requires Settlement Mediation Conference

Injured consumers, hernia mesh manufacturers, and their respective lawyers will meet on March 4 and 5, 2024. The Judge ordered them to participate in mediation to explore settlement options and, if they cannot settle, return to court on May 24, 2024.

About Hernia Mesh Settlements in 2024:

Hernia Mesh Settlement Amounts

Average hernia mesh settlements can be between $60,000 to $100,000. The amount an individual plaintiff receives depends on things like the seriousness of their injuries, the strength of their claim, and the settlement agreement terms. There is no guarantee of a specific dollar amount. 

Plaintiffs are suing hernia mesh manufacturers, including Bard, Covidien, Ethicon, Atrium Medical Corporation, Gore Medical, and Genzyme. An experienced attorney can research what went wrong in someone’s situation and determine what laws they can use to fight for a fair settlement.

Hernia Mesh Lawsuit Average Payouts

The average payout for a hernia mesh lawsuit can range from about $60,000 to $100,000. However, this number is contingent on filing a successful case, and some payouts may be lower for less severe injuries or higher for strong cases where the plaintiff died or experienced severe losses. Payouts are determined when someone can secure compensation.

Factors that can change the value of Bard hernia mesh payouts include the injuries the plaintiff experienced and how long it took them to recover. Additionally, how much they had to pay in medical bills and the loss of income they suffered while healing can play a role in calculating the final hernia mesh lawsuit payout. 

How Are Hernia Mesh Settlements Paid Out?

Many hernia mesh lawsuits are part of a larger multidistrict litigations or MDLs. There are four active MDLs for hernia mesh cases. People who join an MDL can pursue settlements and receive compensation from hernia mesh manufacturers if they have a successful case. 

Each MDL began with individual plaintiffs filing lawsuits in state courts. Since a lot of people filed hernia mesh cases all at once, courts transferred these large groupings of federal cases. 

The large group of plaintiffs and defendants in the MDL conduct discovery. The discovery phase is where each side asks for and sends essential information to be used during the trial. 

After completing discovery, the parties may pick a small group of cases and hold Bellwether (test) trials. Based on the outcome, the MDL judge and attorneys decide what to do next for the large group of cases. This may involve a settlement or holding individual trials in each of the cases in state court. 

Unlike in a class action, courts review each person’s case in an MDL. The purpose of having an MDL is to streamline some of the court procedures—like requesting evidence—when many people sue the same manufacturer.

What Factors Will Determine Settlement Amounts?

What a plaintiff receives as a payout for their hernia mesh lawsuit can depend on things like the physical, financial, emotional, and other losses they suffered because of complications they experienced. Adverse outcomes could include the mesh moving out of place and causing an intestinal blockage or breaking down and gluing organs or tissue together. Additionally, about 1 to 8 percent of patients may suffer from dangerous infections. Some patients may have additional surgeries to correct the hernia repair or address hazardous complications from the first operation. A plaintiff’s hernia mesh class payout will depend on their specific circumstances and the losses they suffered. 

Factors That Will Determine Settlement Amounts

A plaintiff may receive a hernia mesh settlement payout based on the injuries they experienced and other factors. Factors affecting a possible hernia mesh settlement include:

• Severity of injuries
• Out-of-pocket costs for medical care
• Amount of lost wages
• Loss of relationships or quality of life
• Other factors

If someone enters into a settlement agreement, their injuries may be rated using a tiered scale. For example, the pharmaceutical company may enter a settlement agreement and pay into a fund. Each plaintiff covered by the contract may receive a specific amount of money based on, for example, a formula or tier structure based on the seriousness of the person’s injuries and how long their physical and emotional recovery period lasted. 

How to Qualify for a Hernia Mesh Settlement

You may qualify to file a hernia mesh lawsuit and file for a settlement in several ways. The first is if you experienced dangerous complications after your hernia mesh surgery, like a surgical site infection, bowel perforation (tear), or adhesion (gluing) of organs together. Another way you may be eligible to file a lawsuit is if you had to have another procedure to fix the first hernia repair because of mesh complications. Lastly, if your loved one died because of complications from a =hernia repair with mesh, you may qualify to sue. 

Past Hernia Mesh Settlements

In a past hernia mesh settlement, a man—Antonio Milanesi—received $255,000 after a jury found that defects in his Ventralex hernia mesh injured him. The hernia mesh caused Antonio to develop a dangerous infection and a bowel abscess—swollen tissue that becomes infected and has fluid in it. 

Future claimants will have varying results from Milanesi’s caseThe exact amount they get depends on how quickly they file their claim, the severity of their injuries, the strength of their case, and other factors. Some plaintiffs may receive more than Antonio, while others may get less for filing a successful case.

Who Will Pay Out the Settlements in the Hernia Mesh Lawsuit?

If the plaintiffs win or settle their cases, some of the manufacturers that may have to make a payout for hernia mesh lawsuits include:

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

These businesses may have made mistakes in marketing, selling, making, or designing their hernia mesh products. Because of their errors, unsuspecting consumers may have been hurt or killed. 

Bard Hernia Mesh Settlement

We believe the average Bard hernia mesh settlement amount could be $60,000 to $100,000 in some cases. This amount could be lower or higher depending on the merits of the case and whether or not each case goes to trial.

Bard—also called Becton, Dickinson and Company—manufactures monofilament polypropylene mesh to repair hernias in the groin or abdomen. In IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, plaintiffs are suing Bard for making hernia mesh that they believe injured or killed them. Edmund A. Sargus, Jr., and Kimberly A. Jolson are the judges handling these cases. As of November 1, 2024,, there are 24,099 cases in the MDL against Bard. In early October 2024, Bard reached a settlement resolving some cases pending in Rhode Island and Ohio. The details of this settlement are confidential at this time. 

Average Bard Hernia Mesh Settlement Amount

The average Bard hernia mesh payout could range between $60,000 to $100,000. Individual results will vary.

Covidien Hernia Mesh Settlement

We believe the average Covidien hernia mesh settlement amount could be $60,000 to $100,000 in some cases. This amount could be lower or higher depending on the merits of the case and whether or not each case goes to trial.

Covidien—a subsidiary of Medtronic—manufactures many different hernia mesh products, including Parietex, Symbotex, and Pro-Grip. In In Re: Covidien Hernia Mesh Products Liability Litigation No. II, Judge Patti B. Saris is overseeing the cases against Covidien for making hernia mesh that may have harmed people, which in some instances was fatal. As of November 1, 2024, there are  1,546 pending cases in this MDL. Bellwether trial preparations are underway, and there is no confirmed settlement yet. 

Average Covidien Hernia Mesh Settlement Amount

Settlements for Covidien hernia mesh lawsuits could range from $60,000 to $100,000 in some cases, but this is not a guarantee. 

Atrium Hernia Mesh Settlement

We believe the average Atrium hernia mesh settlement amount could be $60,000 to $100,000 in some cases. This amount could be lower or higher depending on the merits of the case and whether or not each case goes to trial.

Atrium Medical Corporation—part of Maquet, Getinge Group—manufactured hernia mesh such as C-QUR Mesh, C-QUR V-Patch, and C-QUR OVT Mesh. As of November 1, 2024 there are 620 hernia mesh cases pending in the MDL against Atrium, and 3,574 have been filed in the MDL since it began.

In October 2024, Judge Landya B. McCafferty approved a settlement plan in IN RE: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation. Milestone is in charge of administering the settlement fund Atrium will pay into to compensate eligible consumers. 

Average Atrium Hernia Mesh Settlement Amount

Some settlements for the Atrium hernia mesh lawsuits could reach $60,000 to $100,000. However, this is not a guarantee and each case will depend on individual factors.

Ethicon (Johnson & Johnson) Hernia Mesh Settlement

We believe the average Ethicon hernia mesh settlement amount could be $60,000 to $100,000 in some cases. This amount could be lower or higher depending on the merits of the case and whether or not each case goes to trial. 

Ethicon—a Johnson & Johnson company—manufactured Physiomesh Flexible Composite Mesh, Proceed Surgical Mesh, and Prolene Hernia System hernia mesh products. While there are currently 26 pending cases in the MDL against Ethicon, plaintiffs filed over 4,052 cases between when the MDL began and November 1, 2024. 

Judge Richard W. Story oversees IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation. Consumers brought this MDL against Ethicon because they said complications with Ethicon’s products hurt or killed their loved ones. 

Average Ethicon Hernia Mesh Settlement Amount

In some cases, settlements from Ethicon hernia mesh lawsuits could range from $60,000 to $100,000. Individual results are based on the circumstances in that specific case.

When Will Hernia Mesh Lawsuits Settle?

While some hernia mesh lawsuits have already been settled, it is unclear if or when more settlements will occur in existing and future cases. Bard and Atrium have settled many existing lawsuits in the past few months. 

Covidien may also settle claims against it now that it completed key discovery phases in the existing lawsuits. Future plaintiffs can still sue these and other hernia mesh manufacturers if they get hurt or their loved ones are killed because of these products. 

Will There Be a Hernia Mesh Settlement in 2024?

Several manufacturers reached settlements in existing hernia mesh lawsuits. Around October 2024, Bard settled many existing cases in Rhode Island and Ohio. Additionally, on October 1, 2024, the judge for the Atrium hernia mesh lawsuits approved a settlement agreement that applies to select cases against Atrium. Other companies—such as Covidien—may also reach settlements as they complete discovery.

Will There Be a Hernia Mesh Settlement in 2025?

As consumers file more cases, other hernia mesh payouts may occur to resolve these new claims. While some manufacturers—like Atrium and Bard—settled some of the lawsuits against them, they may also settle new or unresolved lawsuits in 2025.

Contact a Hernia Mesh Lawyer

If you suffered a dangerous infection, bowel obstruction, perforation, or other complication because of hernia mesh, consider seeking a settlement by filing a lawsuit. Our attorneys are well-versed in hernia mesh claims and have been in this fight against Covidien, Bard, Ethicon, and Atrium for a long time. 

We understand the wide range of harms—including death—these products may cause. We are also familiar with the medical terms and legal jargon these companies may try to use to hide their mistakes. Our law firm can use our vast training and knowledge to fight for your right to a fair settlement.

Frequently Asked Questions (FAQs)