Hernia Mesh Lawsuits

As of November 2024, there were 26,291 total hernia mesh lawsuits pending in four multidistrict litigations against Atrium (620 cases), Covidien (1,546 cases), C.R. Bard (24,099 cases) and Ethicon (26 cases). People continue to file lawsuits.

In October, Becton Dickinson announced an agreement on a confidential settlement to resolve the “vast majority” of the hernia mesh lawsuits that have been filed against the company and its subsidiary Bard. This will likely apply to many of the cases in the ongoing Bard MDL.

In December 2023, Ethicon reached confidential settlements with 224 plaintiffs in the MDL.

The defendant in MDL 2753 before Chief Judge Landya B. McCafferty of the U.S. District Court for the District of New Hampshire is Atrium. The defendant in MDL 3029 before Chief Judge Patti B. Saris of the District of Massachusetts is Covidien. The defendant in MDL 2846 before Chief Judge Edmund Albert Sargus, Jr. of the Southern District of Ohio is Davol, Inc./C.R. Bard, Inc. The defendant in MDL 2782 before Senior District Judge Richard W. Story of the Northern District of Georgia is Ethicon.

The bulk of the hernia mesh lawsuit cases are against C.R. Bard, and the mesh maker still faces more than 20,000 cases. A state case that went to trial in Rhode Island against C.R. Bard’s subsidiary, Becton Dickson, ended in a $4.8 million verdict in August 2022. This large single verdict may make Bard consider a settlement, according to attorneys.

People who have filed hernia mesh lawsuits claim that mesh failed and caused severe injuries requiring at least one revision surgery. Some plaintiffs required multiple surgeries and others claim their complications continued after revision surgery.

Lawsuits seek compensation for lost wages and medical bills. They also name damages including pain and suffering, as well as loss of quality of life.

Complications Listed in Lawsuits

People who filed lawsuits suffered severe hernia mesh complications that required additional surgery. Mesh failure occurs when the implant causes complications such as hernia recurrence or pain that requires mesh removal.

Symptoms that can require hernia mesh removal include urinary problems, fever or swelling at the surgery site. Delayed or long-term complications can also occur. These include adhesions, hernia recurrence or chronic pain that may occur years after the original surgery.

To qualify for a hernia mesh lawsuit, you must have experienced serious complications from mesh named in lawsuits. You must also file your claim within the statute of limitations.

An experienced medical injury lawyer can help you to determine your eligibility to file a lawsuit. Contact an attorney immediately for the best chance to achieve a settlement.

Patients have filed lawsuits against three main manufacturers in federal court: Atrium, Bard Davol (C.R. Bard and Davol Inc.) and Johnson & Johnson subsidiary Ethicon. Maquet, a subsidiary of Getinge Group, bought Atrium in 2011. State lawsuits are also pending against Covidien/Medtronic and W.L. Gore & Associates.

Hernia mesh manufacturers such as Medtronic produce more than 70 different brands of mesh. Atrium is also a major manufacturer that dominates the U.S. market.

Hernia mesh is a net-like implant typically made from polypropylene plastic, which is non-absorbable and synthetic. Some synthetic meshes are coated with a physical barrier, such as omega-3 fatty acids or collagen, that is supposed to reduce the body’s inflammatory response. Another type of hernia mesh is biologic mesh, manufactured from disinfected animal tissue and absorbed into the body over time.

Multidistrict litigation is a legal process to centralize and transfer similar civil lawsuits from different parts of the country to one judge. Each lawsuit remains separate but addresses common questions of fact simultaneously. MDLs reduce the burden on the courts and make litigation less costly and more efficient.

A multidistrict litigation differs from a class action lawsuit. In class action lawsuits, the case combines individual plaintiffs into a single suit, whereas in MDLs, the court groups similar cases and decides them in one or a few bellwether trials.

The intent of these trials is to try a widely contested issue to anticipate how related future litigation will turn out. There are three main MDLs for hernia mesh, and the bellwether trials are underway.

Plaintiffs filing hernia mesh lawsuits claim compensation for economic losses, non-economic losses and, in some cases, punitive damages. Economic losses include past and future medical expenses and wage losses. They also include the cost of any additional surgery the plaintiff may require to fix the original complications.

Non-economic losses relate to compensation for emotional and mental distress. For example, one plaintiff experienced sexual difficulty because of hernia mesh surgery. This category of damages addresses the loss of quality and enjoyment of life.

Verdicts and Settlements

Bard parent company Becton Dickinson announced in October 2024 that it had agreed to a confidential settlement to resolve the vast majority of hernia mesh lawsuits against the company.

Bard had lost three bellwether trials in a row with verdicts ranging from $250,000 to $4.8 million.

A jury ordered Bard to pay $1.5 million to one plaintiff in a Kugel patch lawsuit in 2010. The mesh maker also paid $184 million to settle 2,600 lawsuits, closing the Kugel Patch MDL.