Hernia Mesh Lawsuit Update

The Latest Hernia Mesh Update & Legal News

Several medical device manufacturers are facing a flood of lawsuits accusing them of producing defective mesh implants that have caused serious harm to patients.

The plaintiffs in these cases were implanted with mesh during hernia repair surgery and suffered health problems, including mesh migration, chronic pain, and bowel obstruction. In some cases, patients needed surgeries to remove or replace the products.

Update on the Hernia Mesh Lawsuit: Key Facts

• Over 26,000 claims have been consolidated in hernia mesh class action lawsuits or multidistrict litigations (MDLs).
• Hernia mesh lawsuits have been filed against 4 medical device manufacturers.
• The defendants have already paid out hundreds of millions of dollars to those harmed.
• In October 2024, Becton, Dickson and Company (BD) said it would settle about 38,000 lawsuits. Reports indicate that the total settlement amount could exceed $1 billion.

The first hernia mesh lawsuit was filed in 2006, but patients continue to file new claims demanding compensation for their medical bills, lost wages, and pain and suffering.

LawFirm.com works with hernia mesh lawyers who have secured over $1.6 billion for those harmed by dangerous drugs and medical devices. See if they may be able to help you or a loved one seek compensation and justice with a free case review.

Hernia Mesh Lawsuit Update 2023-2024

For nearly two decades, patients have filed hernia mesh lawsuits over complications from the implanted mesh.

The defendants in hernia mesh lawsuits are:

• Atrium
• Covidien, a subsidiary of Medtronic
• C.R. Bard and Davol Inc., parts of Becton Dickinson
• Ethicon, a subsidiary of Johnson & Johnson

Find out about the legal developments involved in the hernia mesh litigation and how they may affect settlement values and more.

1. Atrium Settlement Fund Gets Judge’s Stamp of Approval

Atrium Hernia Mesh Settlement Update: November 5, 2024

Judge McCafferty has approved a proposed settlement fund in the Atrium Medical Corp. C-Qur Mesh Products Liability Litigation (MDL-2753).

Currently, 620 claims are pending in the MDL. Plaintiffs generally allege that Atrium C-Qur mesh, a polypropylene surgical mesh, caused them to experience complications like infections and issues with the mesh attaching to their internal organs.

In 2021, Atrium settled over 3,000 hernia mesh lawsuits for $66 million. The new RIL Atrium Hernia Mesh Qualified Settlement Fund will be used to compensate additional victims for injuries and damages caused by Atrium hernia mesh products.

2. Becton Dickinson Agrees to Settle Nearly 40,000 Claims

Bard Hernia Mesh Lawsuit Update: October 2, 2024

Becton Dickinson announced that it would settle about 38,000 hernia mesh lawsuits for an undisclosed amount, though total payouts are projected to be over $1 billion.

BD is the parent company of C.R. Bard and Davol Inc. Hernia mesh lawsuits accuse these companies of designing defective mesh products, failing to properly test them, and neglecting to adequately warn patients about the potential risks.

The settlement would resolve:

• About 25,000 hernia mesh claims consolidated in a multidistrict litigation (MDL) in Ohio
• Over 15,000 claims filed in Rhode Island, where Bard is headquartered

Becton Dickinson noted in its annual report that it has reserved $1.7 billion for litigation involving defective medical devices. This indicates that those harmed may be entitled to substantial compensation.

3. Covidien Hernia Mesh Claims Proceed

Hernia Mesh Lawsuit Update: September 26, 2024

Over 1,500 claims have been consolidated in a Covidien hernia mesh class action MDL in the District of Massachusetts. Judge Patti B. Saris is overseeing the litigation.

As the litigation proceeds, the plaintiffs’ attorneys are deposing representatives from Covidien and Medtronic. Both sides remain engaged in the discovery process, with the plaintiffs gathering evidence to support claims that the defective mesh caused their injuries.

Complications from Covidien and other hernia mesh implants include:

• Adhesions
• Bowel obstruction
• Chronic pain
• Hernia recurrence
• Infections
• Mesh failure
• Migrating mesh
• Organ perforation

Those who have been affected may be able to join the hernia mesh lawsuit and seek compensation for their medical bills, lost wages, and more.

4. New Lawsuit Filed Against Covidien

Covidien Hernia Mesh Lawsuit Update: September 10, 2024

A Florida man is one of the latest plaintiffs to join the Covidien hernia mesh class action MDL. The plaintiff had a Covidien Parietex ProGrip mesh implanted in 2017 and suffered serious complications that required corrective surgery, according to the court filing.

The growing number of claims in the MDL adds more pressure to Covidien, potentially pushing the company closer to a hernia mesh settlement.

5. Hernia Mesh MDLs Continue to Add Cases

Hernia Mesh Lawsuit Update: September 3, 2024

Those harmed by hernia mesh continue to file claims seeking compensation for their medical expenses and pain and suffering.

The Bard hernia mesh MDL now has over 24,000 claims, and the Covidien MDL has nearly 1,500 claims.

6. Case Management Orders Hint at a Bard Settlement

Bard Hernia Mesh Update: July 5, 2024

Judge Edmund A. Sargus Jr., who’s overseeing the Bard hernia mesh MDL, approved two important case management orders. One of the orders imposes a temporary stay on all cases filed or transferred to the MDL prior to the order’s date.

The stay halts discovery, motions, and other legal actions, except as specified in future orders. However, if a plaintiff opts out of the global settlement agreement, the stay is automatically lifted. The second order establishes the process for plaintiffs opting out of the settlement.

7. Study Finds Problems With Robotic Hernia Repair

Hernia Mesh Lawsuit Update: June 12, 2024

Robotic-assisted hernia revision surgeries may lead to increased hernia mesh complications, according to a study published in JAMA Surgery.

“Up to 10 years after surgery, patients who underwent robotic-assisted hernia repair had higher rates of operative recurrence (13.4%) than patients who underwent laparoscopic (12.3%) or open (12.7%) repair.”

– Study published in JAMA Surgery

This study could be used as evidence for ongoing hernia mesh claims as it suggests that newer surgical techniques don’t reduce the risk of health problems linked to faulty mesh.

8. Covidien Symbotex Mesh Claim Filed

Covidien Hernia Mesh Lawsuit Update: June 11, 2024

A Michigan man filed a hernia mesh product liability lawsuit that was added to the Covidien MDL. He alleged that the Symbotex Composite Mesh implanted in him in 2018 and again in 2021 was faulty.

The Symbotex mesh, designed with a three-dimensional textile structure, is meant to integrate with the body’s tissues while reducing the risk of complications like adhesion and infection. The victim’s wife joined the lawsuit, bringing a claim for loss of companionship.

9. Covidien MDL Scheduling Order Extended

Covidien Hernia Mesh Lawsuit Update: May 23, 2024

The federal judge overseeing the Covidien MDL has extended the current scheduling order by eight months due to issues with discovery, which is the process used to collect evidence before trial.

Once trial dates are set, it will be easier for the plaintiffs’ lawyers to push for a Covidien settlement.

The plaintiffs in Covidien hernia mesh lawsuits allege that the polyester used in the implants leads to inflammation, foreign body responses, and mechanical failures like breakage and brittleness.

10. Judge Orders Mediation in Bard MDL

Bard Hernia Mesh Lawsuit Update: March 16, 2024

Judge Sargus ordered both sides in the Bard hernia mesh lawsuits to participate in mediation to explore a resolution to the MDL. The in-person sessions were scheduled for March 25 and 26, 2024.

This effort is aimed at reaching a global settlement that would resolve thousands of pending cases, providing victims with the compensation and justice they deserve.

11. Covidien Must Release Complaint Files

Covidien Hernia Mesh Lawsuit Update March 1, 2024

Judge Saris ordered Covidien to release a substantial number of complaint files that outline issues individuals have faced with Covidien’s hernia repair products over the past decade.

Plaintiffs are barred from using any personal data from the files unless they have valid reasons and get court or defendant approval. This information could help strengthen cases by uncovering additional evidence of surgical mesh product defects.

12. Plaintiffs’ Lawyers Want More Trials

Bard Hernia Mesh Lawsuit Update: January 3, 2024

Plaintiffs’ attorneys in the Bard hernia mesh lawsuits are seeking to increase the pressure on Bard to settle by pushing for more trials. Currently, the slow pace of trials — 1 to 2 per year — limits momentum, even though plaintiffs are consistently winning.

To address this, the attorneys are asking for a new case management order that would allow cases to be remanded to state courts, where multiple hernia mesh trials could occur across different jurisdictions.

Additionally, plaintiffs’ lawyers recommend selecting cases for trial based on factors like severity of injury, time since filing, and involvement in test trials called bellwethers.

The proposal is aimed at streamlining the litigation process with the goal of getting victims compensation as quickly as possible.

13. Ethicon MDL Reaches Settlement in Georgia for 244 Cases

Hernia Mesh Lawsuit Update: December 5, 2023

Johnson & Johnson and its subsidiary, Ethicon, have settled 224 claims in a hernia mesh class action lawsuit in Georgia. The settlement was finalized and approved by U.S. District Judge Richard W. Story.

Ethicon released a standard statement emphasizing its commitment to patient safety and clarifying that the settlement does not admit any liability or wrongdoing. The company explained that the decision to settle was made to avoid an extended legal battle.

This settlement comes about six months after a previous agreement, where the companies settled with 161 plaintiffs in the same MDL.

14. Fourth Bard Bellwether Trial Set

Bard Hernia Mesh Lawsuit Update: December 1, 2023

The fourth bellwether trial involving Bard has been scheduled for April 2024. Jacob Bryan alleges that he experienced complications, including mesh deformation and chronic pain, after receiving a 3DMax hernia mesh implant to repair an inguinal hernia. He says he may need revision surgery.

Defendants previously attempted to remove Bryan from the bellwether trial list due to the severity of his complications, but the judge denied their motion.

Bryan claims Bard failed to warn patients and health care providers about the risks and complications associated with the 3DMax mesh.

15. Bard Hit With $500,000 Verdict

Hernia Mesh Lawsuit Update: November 9, 2023

A jury ruled that Bard must pay Aaron Stinson $500,000 for complications he suffered from their polypropylene hernia mesh device called the PerFix Plug.

The Ohio federal jury found that the medical device makers did not act with malice but failed to sufficiently warn Stinson and his doctor about the risks related to the hernia repair device.

The case is the third bellwether case in the Bard MDL to go to trial. LawFirm.com will continue to report on verdict and settlement amounts in our hernia mesh lawsuit updates.

16. Bellwether Cases Approved for Covidien MDL

Hernia Mesh Lawsuit Update: September 23, 2023

Judge Saris has approved a plan to prepare six Covidien hernia mesh bellwether cases. The judge’s approval of bellwether trials in the Covidien litigation is important because it sets a timeline that could push the company toward settlement discussions.

The outcome of similar cases in the Bard MDL has the potential to influence the direction of these Covidien lawsuits. A strong verdict in Bard cases could create momentum for all hernia mesh plaintiffs, increasing pressure on hernia mesh manufacturers like Covidien.

17. FDA Warns About the Dangers of Hernia Mesh

Hernia Mesh Lawsuit Update: July 15, 2023

The U.S. Food and Drug Administration (FDA) advised of the risks associated with hernia mesh.

Hernia mesh devices that have been known to cause complications include:

• Bard PerFix Plug, which is made from polypropylene, has been linked to incidents involving mesh contraction and migration, leading to chronic pain and mesh revision surgeries in patients.
• Bard Ventralex and Composix are types of polypropylene mesh that may migrate or shrink, leading to inflammation and device erosion.
• Covidien Parietex, made of polyester, has been criticized for causing excessive inflammation and degrading faster than other synthetic materials.
• Ethicon Physiomesh, a type of flexible composite mesh, is associated with high failure rates, infection, and adhesion issues.

Through hernia mesh lawsuit updates, consumers can stay informed and take steps to protect themselves and their families from potential risks.

LawFirm.com has partnered with top hernia mesh lawyers who can help patients harmed by different brands of hernia mesh implants. Take the first step toward compensation with a free case review.

Hernia Mesh Lawsuit Timeline

Hernia mesh litigation has spanned nearly two decades and involved thousands of claims filed in courts across the country. Find out more about the events that have occurred throughout this time.

• 2007: The first hernia mesh lawsuit is filed in federal court. Early complaints focus on Bard’s Composix Kugel Mesh product, which is linked to complications like bowel perforation, seromas (fluid pockets), and infections.
• January 2013: The FDA issues warnings about various hernia mesh products, citing increasing reports of device failures and complications. This leads to recalls of specific devices, including Johnson & Johnson’s Ethicon Physiomesh in 2016.
• May 2016: Johnson & Johnson withdraws its Physiomesh from the market after reports show higher-than-expected failure rates that can lead to hernia recurrence and multiple revision surgeries.
• December 2017: Thousands of lawsuits over Atrium Medical’s C-Qur mesh are consolidated into an MDL in the District of New Hampshire. The plaintiffs report severe complications and seek compensation for their medical bills and the suffering they endured.
• August 2018: The largest hernia mesh MDL is created in the Southern District of Ohio, grouping thousands of lawsuits involving Bard polypropylene-based mesh together for faster resolution.
• September 2020: The first trials are scheduled in the Bard MDL. These bellwether cases test how juries respond to the evidence and provide guidance on future hernia mesh lawsuit settlements.
• December 2021: Atrium settles 3,000 hernia mesh lawsuits for $66 million. The company had marketed its C-Qur mesh as a safer option for hernia repair due to its omega-3 fatty acid coating. However, patients alleged the hernia patches caused them serious harm.
• August 2022: Becton Dickinson faces a major defeat in a Rhode Island state court when a jury awards $4.8 million to a patient for severe complications caused by Bard’s Ventralex mesh.
• March 2023: Global settlement discussions begin in the Bard hernia mesh cases with several in-person mediation sessions ordered by the judge.
• August 2024: The number of claims in the Bard hernia mesh class action MDL surges to 24,000, making it one of the largest defective product cases in recent history.
• October 2024: Becton Dickinson agrees to settle about 38,000 hernia mesh lawsuits for an amount that will reportedly exceed $1 billion.
• November 2024: A proposed settlement fund has been approved to resolve the 620 remaining lawsuits in the MDL against Atrium.

Hernia mesh lawsuit updates let people know what they can expect as the litigation moves forward toward payouts for victims.

Get the Latest Hernia Mesh Lawsuit Updates

The hernia mesh lawyers in the LawFirm.com network are leaders in this area of litigation and are well-informed about the latest news on hernia mesh lawsuits, settlements, and more.

If you or a loved one experienced complications, you may qualify for compensation from a hernia mesh lawsuit.

Call (888) 726-9160 right now or get a free, no-obligation case review to see if we may be able to help you seek the justice and compensation you deserve.