There is reason to believe settlement offers may be forthcoming in one of the ongoing hernia mesh mass torts. Several plaintiffs have won significant verdicts recently, including in two of the three bellwether trials in the multidistrict litigation (MDL) against hernia mesh manufacturer C.R. Bard, Inc.
The Goldwater Law Firm has over 20 years of experience fighting for individuals hurt by dangerous or defective medications and medical products. Let our team refer you to our co-counsel, where a hernia mesh lawyer will represent you based on contingency. Our law firm partners are helping hernia mesh victims in all 50 states.
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What Are the Recent Hernia Mesh Lawsuit Payouts?
While there are no settlement offers in either of the ongoing hernia mesh MDLs as of September 6, 2024, there is good reason to believe there could be offers forthcoming in the case against Bard, MDL 2846, in the near future.
Bard has settled hernia mesh cases before. In 2011, PR Newswire reported that they settled around 2,600 lawsuits based on issues with its Composix® Kugel® Mesh hernia patches. This is a different product from the one involved in the current litigation. The company agreed to pay $184 million to settle these cases.
In August of 2022, Reuters reported that a verdict in a Rhode Island court ruled against the company and ordered them to pay the plaintiff in that case $4.8 million. While this case was unrelated to MDL 2846, it also indicates how juries react to the evidence in hernia mesh cases.
MDL 2846 has completed three bellwether trials as of September 2024. The outcomes of these trials include:
- First Trial: The jury in Johns v Bard ended with a defense verdict after a five-week trial in September 2021.
- Second Trial: The jury awarded Antonio Milanesi $255,000 in April 2022, according to an article published by Reuters.
- Third Trial: The jury awarded Aaron Stinson $500,000 in November 2023, according to Bloomberg Law.
The trial schedule for the fourth bellwether was vacated, and mediation was ordered for that case in February 2024.
How Much Could My Hernia Mesh Lawsuit Settlement Be Worth?
At this time, it is impossible to calculate how much a hernia mesh settlement might be worth for any individual plaintiff in the case. Too many factors can affect this type of settlement and payout. In general, you should be able to seek compensation for:
Economic Damages
Economic damages are your tangible expenses, and losses suffered because of your complications and revision surgery. This includes medical treatment, future monitoring and care costs, income losses, and related expenses.
Noneconomic Damages
Injured parties can also seek and recover money for their intangible losses. This includes physical pain, disability, emotional suffering, mental anguish, loss of quality of life, and more.
What Are the Ongoing Mass Torts in the Hernia Mesh Litigation?
According to the U.S. Judicial Panel on Multidistrict Litigation, there are three active hernia mesh mass torts progressing through the MDL process at this time. This includes:
- MDL 2846 IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation
- MDL 3029 IN RE: Covidien Hernia Mesh Products Liability Litigation (No. II)
Of these two, the case against C.R. Bard (MDL No. 2846) is much larger. There are 24,016 plaintiffs in this case, and it continues to grow each month. Actions pending in the Covidien MDL are 1,472 as of September 3, 2024.
MDL 2782, based on Ethicon Physiomesh flexible composite hernia mesh products, is also technically still active. However, most cases settled in 2021, and only 27 of the 4,000+ actions remain pending.
Who Is Eligible to File a Hernia Mesh Lawsuit?
If you suffered pain and complications because of a hernia mesh implant, you do not have to accept the premise that your injuries are a rare side effect of your surgery. You may be able to join the hernia mesh MDL and stand with thousands of others already fighting for justice. This is possible if you:
- Had hernia surgery in January 2010 or after;
- The surgeon used Bard (Davol, Becton Dickinson) or Covidien (Medtronic, Tyco & US Surgical) mesh in your surgery;
- You experienced a mesh-related complication; and
- You required revision or removal surgery.
The best way to learn more about your legal options is to call our team. We can assess your options based on the information about your surgery and any complications you share with us. When possible, we will refer you to our co-counsel near you to proceed with your case.
How Can The Goldwater Law Firm Help Me Learn More About Hernia Mesh Lawsuit Settlements?
The Goldwater Law Firm works with law firm partners nationwide to help those experiencing hernia mesh complications get legal representation and fight for justice. We understand you are frustrated and likely angry. We are, too. Let us evaluate your legal options for free and see how we can help you get the justice and compensation you may qualify to receive.
We do not believe it is right for companies to profit from products that hurt individuals and families. We have strategic partnerships with widely recognized, respected, and successful law firms across the country. We can help you get the representation you deserve to hold the mesh manufacturers responsible.
Our co-counsels represent clients based on contingency. You will not need to pay us or our partner law firms any upfront fees. Your attorney’s fees will only come from the money you receive in this case.
Talk to Our Team About the Hernia Mesh Lawsuit and Settlements for Free
The Goldwater Law Firm is providing free consultations for individuals nationwide. Our hernia mesh lawsuit team can review the facts of your case and discuss your legal options with you at no cost. Contact us today to learn more. Our law firm partners help victims in all 50 states.