Hernia Mesh Settlements

In January 2025, the judge in the Bard multidistrict litigation (MDL) ordered the establishment of a qualified settlement fund.

In early October 2024, Becton Dickinson, the parent company of C.R. Bard, announced that it had reached a settlement. This settlement would resolve the “vast majority” of hernia mesh lawsuits against the company. However, the specific terms were not disclosed.

In July 2024, the court overseeing Bard hernia mesh lawsuits temporarily halted all cases in the MDL. This was the first sign that a settlement might be on the horizon. Judges often pause MDLs when settlement talks are in the final stages to help both sides focus on the details. However, the pause can be lifted for plaintiffs who want to opt out of the settlement. This way, they can continue their cases without waiting for the settlement. The court also issued new guidelines for those opting out, explaining their next steps.

In May 2021, Johnson & Johnson’s Ethicon division agreed to a plan to settle around 3,600 lawsuits related to their Physiomesh product. This involved about 4,300 people who were part of a larger group of claims in a specific legal process known as MDL and another in New Jersey.

By September 2021, this plan had become a formal agreement covering 3,729 of those cases. In May 2022, a broader settlement was reached for all Physiomesh-related lawsuits, but the company did not disclose the amount of money involved.

Most recently, in December 2023, Johnson & Johnson quietly resolved over 200 remaining cases within this MDL.

As of April 2025, there were 26,234 pending lawsuits across multiple MDLs.

Plaintiffs have filed lawsuits against four leading manufacturers in federal court: Bard Davol (a subsidiary of C.R. Bard), Atrium (a subsidiary of Getinge Group), Covidien (an Irish-headquartered medical device company) and Ethicon (a subsidiary of Johnson & Johnson). State lawsuits are pending against Covidien, Medtronic and W.L. Gore & Associates.

“Ethicon Physiomesh cases are settled, but it wasn’t a global settlement. There have been millions of dollars in confidential settlements in the Bard litigation, but it’s still going. Covidien is still going. Lawyers are still signing these cases,” according to Trent Miracle, a mass torts and product liability attorney.

Determining the average compensation for a hernia mesh lawsuit settlement can be challenging. Many settlement amounts are not publicly available. In 2011, C.R. Bard agreed to pay $184 million to settle 2,600 state and federal suits over its hernia mesh patches.

Legal experts specializing in hernia mesh lawsuits suggest that settlement amounts typically range between $65,000 and $80,000. However, these awards can reach as high as $1 million in certain instances. These figures are approximate, and individual settlements may vary.

The time it takes to resolve a personal injury claim will vary from case to case. Complex cases can last up to five years and up to 10 years if there is an appeal. Factors that impact the length of a case include case complexity, the discovery process, scheduling issues, various trial motions and the appeals process.

Disputes over liability or the specific amount of compensation can affect the settlement process. In multidistrict litigation, complex legal issues, multiple jurisdictions and differing interests can add time to the process.

An experienced hernia mesh lawyer can help you determine your eligibility to file a lawsuit.

A hernia mesh lawyer can help you obtain the necessary information to file a lawsuit and prove you are eligible for a settlement. Your lawyer will ask for documentation relating to your surgery and whether you kept the mesh because it can serve as evidence in your case.

The number of hernia mesh cases continues to rise. If you’re not currently eligible for one, you may be in the future.

Each case is different, so estimating hernia mesh settlement amounts is complex. However, lawyers, courts, and hernia mesh manufacturers consider several factors when determining settlement amounts.

The strength of the plaintiff’s case and evidence of the defendant’s liability or negligence can also affect the settlement amount. Bellwether trial verdict amounts can also play a role in determining future settlement offers.

The first step in settling a hernia mesh case is to hire legal representation, such as an experienced hernia mesh attorney. A skilled hernia mesh lawyer can help you with the settlement process. They can also help you determine if you qualify for a settlement payment.

While many cases are resolved before trial, some end up in court. Complex product liability cases can take three to seven years to resolve. This timeframe depends on how willing the manufacturer is to negotiate a solution that works for both sides. An example is the case involving the Bard Kugel Patch hernia mesh. Bard recalled the hernia mesh in 2005 and settled the case in 2010.

Editor Lindsay Donaldson contributed to this article.