There have been thousands of hernia mesh lawsuits filed. The plaintiffs and their hernia mesh lawyers allege that the medical device caused chronic pain, serious infection, a bowel obstruction, perforated the lining of the abdomen or other internal organs, and caused adhesions to develop. Several plaintiffs required revision surgery. The most common defendants named in the lawsuits are Ethicon, C.R. Bard, and Atrium. However, that is not an all-inclusive list of named defendants. Plaintiffs allege that the defendants created a defective product that caused them injury and that they do not feel that they were properly warned about the risks of using hernia mesh.
Hernia Mesh Did Not Undergo Traditional FDA Testing
Because there are similar products on the market that already had the approval of the FDA, hernia mesh manufacturers were not required to follow the traditional FDA testing models for approval. There have been several recalls for hernia mesh, including Ethicon’s Physiomesh. Ethicon is owned by Johnson & Johnson. Physiomesh was supposed to be a revolutionary hernia mesh using a type of plastic covered by thick synthetic film. The purpose of the film was to help stop the development of adhesions. However, while the body absorbed the film coating over weeks, the tissue that grew in the mesh would then often adhere to other organs.
Hernia Mesh Lawsuits May Be Settled
Like most personal injury-style cases, not all hernia mesh lawsuits go to trial. Many are settled before the trial date. Others may settle during the litigation process. Here’s a look at several of the settlement amounts over the last several years:
- In 2011, C.R. Bard paid $184 million to settle 2,600 lawsuits.
- In 2015, C.R. Bard settled almost 3,000 lawsuits that alleged hernia mesh failure for $119 million.
- In August of 2015, C.R. paid out another $200 million to settle another 3,000 cases. Each plaintiff who was part of the settlement received approximately $67,000.
- In 2016, Johnson & Johnson settled close to 42,000 lawsuits filed against them for $120 million dollars.
- In 2014, Boston Scientific settled two claims for $34.5 million. It was eventually discovered that the company smuggled in materials from China to make hernia mesh devices.
- In 2013, Endo International settled around 7,700 lawsuits for $54.4 million.
- In 2014, Endo International settled 20,000 lawsuits for $830 million.
- Endo International paid out the second settlement to 10,000 plaintiffs in the amount of $400 million. Each patient received approximately $48,000.
If you do the math, you’ll see that totals almost $2 billion in settlements won by hernia mesh lawyers on behalf of their clients. Based on the information that we have on previous settlements, plaintiffs who settle receive anywhere between just under $3,000 up to $1 million. The average settlement is between $40,000 and $60,000.
Determining What Your Claim May Be Worth
One of the best ways to determine what your claim may be worth, you should make an appointment to talk with a hernia mesh lawyer with Goldwater Law. While you’ll learn about the factors that affect your settlement in this post, it’s important for you to understand that every hernia mesh case is different and the settlement amount you may be offered will depend on how various factors affected you. A hernia mesh lawyer cannot guarantee that your claim will be settled for a certain amount.
A settlement may include money for compensation for your actual hospital and medical expenses (including future expenses), lost income, and lost future income; pain and suffering from the operation; loss of consortium; and punitive damages. Common considerations for settlement include:
- What sort of hernia mesh was used? This includes whether the device was recalled by the FDA or pulled from the market by the manufacturer.
- How badly you were injured by the device. This includes how your quality of life was hurt.
- How much you’ve spent on medical costs for doctors, diagnostic tests, hospital stays, medications, further surgeries, and the need for additional medical devices.
- The severity that your life was affected by your injuries. This includes how your daily life is affected and whether you’re able to work.
- Whether you’ve lost wages or will not be able to work in the future.
Free Case Review
If you believe you may have a claim, schedule a free case review with the hernia mesh lawyers at Goldwater Law. You’ll learn whether you have a valid hernia mesh claim. If you do, we’ll help you understand your legal options.