Hernia Mesh Lawsuit

What Is the Problem With Hernia Mesh?

Surgical mesh is often used to close hernias regardless of whether the surgery is done traditionally, laparoscopically, or robotically. According to the U.S. Food and Drug Administration (FDA), implantable surgical mesh is used in most hernia repairs in the United States.

However, many patients report complications with these mesh repairs. The patches can fail in numerous ways. In the lawsuits, plaintiffs allege:

• Defective mesh that leads to complications
• Failure to warn about potential risks of mesh repairs
• Misrepresentation of the safety of the mesh patches
• Negligence in continuing to market hernia mesh

The issues patients experience with the implantable hernia mesh patches include:

• Failure requiring additional surgical repair
• Infection
• Chronic pain
• Mesh shrinkage or migration causing additional injuries
• Adhesions to internal organs or other tissue
• Organ perforation
• The need for invasive surgery to remove the mesh or revise the repair

The surgeries needed after a hernia mesh complication are often much more invasive than the initial repair. This means the individual endures more pain and disability during recovery, meaning more time missed at work, more medical bills, and an increased risk of complications. During these surgeries, surgeons may need to clear infections, repair damaged organs, and remove adhesions in addition to revising the hernia repair.

Who Is Eligible to File a Hernia Mesh Lawsuit?

Several mass torts are currently underway against multiple surgical mesh manufacturers. If you experienced the following, you might be eligible to get justice through hernia mesh multidistrict litigation (MDL). This includes:

• You had hernia mesh surgery to correct a hernia in January 2010 or later.
• Your repair used a hernia mesh implant.
• You had a serious complication due to the hernia mesh implant.
• You required a revision or removal surgery.

The brands of hernia mesh currently in litigation include:

• Bard (Davol, Becton Dickinson)
• Covidien (Medtronic, Tyco & US Surgical)

The best way to learn if you may be able to join the MDL is to contact our team. We provide free case evaluations for individuals and families. Contact us to discuss your experience and learn about your legal options.

What Is the Pending Mass Tort Against Hernia Mesh Manufacturers?

According to the U.S. Judicial Panel on Multidistrict Litigation’s September 2024 update, three ongoing hernia mesh mass torts exist. These include:

MDL 2846

MDL 2846 IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation is the largest of the current mesh implant torts. It is currently well underway in the Southern District of Ohio under the oversight of Chief Judge Edmund Albert Sargus, Jr. As of September 2024, there are 24,016 plaintiffs in this case.

There have been three bellwether trials for this MDL. The trial schedule for the fourth trial was vacated, and mediation was ordered in February 2024. Some recent verdicts against Bard in this and related cases include:

• November 2023: Aaron Stinson received $500,000 in damages in the third bellwether trial, according to Bloomberg Law.
• August 2022: A Rhode Island case against a Bard subsidiary ended in a $4.8 million verdict, according to Reuters. This was not affiliated with MDL 2846.
• April 2022: Antonio Milanesi received a $255,000 verdict against C.R. Bard (Becton, Dickinson and Co.) in the second bellwether trial, according to an article published by Reuters.

With the plaintiffs’ success in these jury trials, settlement offers seem likely in the near future. For this reason, those with potential cases against C.R. Bard, Inc., should act quickly to file their lawsuits and join this mass tort.

MDL 3029

The U.S. Judicial Panel on Multidistrict Litigation consolidated lawsuits against Covidien hernia mesh on June 6, 2022. This case is still in its initial stages, with pretrial motions and discovery still continuing and bellwether trials still forthcoming. This case is MDL 3029 IN RE: Covidien Hernia Mesh Products Liability Litigation (No. II). Chief Judge Patti B. Saris presides over the case in the District of Massachusetts. As of September 2024, there are 1,472 plaintiffs in MDL 3029.

MDL 2782

Also of note is the multidistrict litigation against Ethicon. While this hernia mesh MDL is winding down, it gives insight into how these cases could go. As of September 2024, MDL 2782 IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation has 27 remaining cases, down from more than 4,000 actions pending. The Honorable Richard W. Story presides over this case in the Northern District of Georgia.

A global settlement agreement in this MDL settled the majority of these cases in September 2021. The terms of the agreement are private.

How Much Is a Hernia Mesh Lawsuit Worth?

While the cases heard in the bellwether trials may go before a jury, most successful plaintiffs in MDLs recover compensation through settlements. Global settlements are common. This type of settlement settles most or all of the claims at once instead of offering individual offers and managing one settlement at a time.

Determining the potential value of a hernia mesh settlement is difficult because multiple factors affect these payouts. Not only does it matter how much the company offers and the strength of the case, but the plaintiff’s expenses and losses play a role.

The recoverable costs and damages could include:

• Medical bills for revision surgery and other treatments
• Any ongoing medical care needs related to the surgery and complications
• Income losses
• Reduced earning ability due to lasting disabilities
• Related expenses
• Pain and suffering

In cases heard by a jury, punitive damages could be possible. Punitive damages penalize the defendant for blatant, intentional, or particularly negligent behavior. They are not available in every case but could be available to you under certain circumstances. Your attorney can advise you more on the potential punitive damages in your case.

How Does Multidistrict Litigation Work for Cases Like the Hernia Mesh Lawsuit?

Multidistrict litigation provides a way to temporarily consolidate many similar but separate lawsuits into a single case under one judge in a single district court. This helps to streamline the process, allows both sides to pool resources, speeds the pretrial process, and ensures consistent rulings.

MDLs are most common when there are many plaintiffs—from dozens to tens of thousands—with similar claims against the same defendant or a small group of defendants. In this case, there are separate MDLs against different hernia mesh manufacturers.

The steps of an MDL include:

Pretrial Proceedings

Pretrial proceedings are the steps of a case that occur before the trial date arrives. For an MDL, this includes motions filed by both sides, oversight of the discovery process, and possibly settlement discussions.

Consolidating similar cases for pretrial proceedings benefits the court system, the plaintiffs, and the defendant:

• The court system does not get bogged down by many similar cases at the same time and can ensure consistent rulings across the board.
• The plaintiffs can pool their resources to develop a stronger case.
• The defense does not need to worry about representation in thousands of cases simultaneously.

Discovery

Discovery is the investigative process necessary when building a lawsuit. Each side will work with experts and specialists, call in researchers or top doctors for depositions, gather medical records, and take other steps to develop a compelling argument to support their case. They will also need to share information, and the judge overseeing the case will likely ask them to share information with the court throughout this process.

Bellwether Trials

A small number of representative cases will go to trial under each MDL. These are known as bellwether trials. The outcomes of these trials only apply to the specific case heard, but they allow both sides to gauge the strength of their cases. When plaintiffs win one or several of these cases, as we’ve seen in MDL 2846, settlement offers often occur.

Potential Outcomes

There are several ways injured claimants can win their case in an MDL.

• Settlements: Based on the previous cases and the three bellwether trials completed in MDL 2846, we expect most hernia mesh cases to settle. When this occurs, the defendants agree to pay compensation to the plaintiffs to avoid the risks of additional trials.
• Trials: If settlement negotiations fail or a plaintiff does not want to settle their case for the amount offered, each case can return to its original jurisdiction and go to trial.

How Long Do I Have to File a Hernia Mesh Lawsuit?

All three ongoing hernia mesh MDLs are in various stages. One has settled most cases, one has ongoing mediation, and another is still in discovery. How long you have to file a motion and join the mass tort depends on the case. A personal injury lawyer from one of our co-counsels can help you understand how quickly you need to act.

As of September 2024, new claimants are still filing their paperwork to join MDL 2846 and MDL 3029 each month.

Contact us today for a free consultation. We can help by explaining your rights, answering your questions, and connecting you with one of our law firm partners who will handle your case based on contingency.

How Do I Know Who Is Liable for My Hernia Mesh Injury?

Almost every company that produces implantable mesh patches has faced some type of litigation. The major manufacturers recently or currently involved in hernia mesh lawsuits include:

• Atrium Medical Corporation
• C.R. Bard
• Covidien
• Ethicon (a subsidiary of Johnson & Johnson)

Of these, you can still join the cases involving Bard or Covidien products. Your lawyer can help you identify the manufacturer of your patch and other vital details. This information should be available in your relevant medical records or other documents from your surgeon. If you do not have this paperwork, your attorney can request and obtain it with your permission.

What Should I Do If I Believe I Have a Valid Hernia Mesh Lawsuit Case?

At The Goldwater Law Firm, our law firm partners are filing hernia mesh lawsuits and representing injured parties in all 50 states. Contact our team to learn how we can help you. We have a strong reputation for getting results for injured parties.

We have worked for over two decades to help individuals get justice after suffering injuries due to a dangerous or defective product. We do not believe it is OK for corporations to profit while consumers suffer serious health implications, additional surgeries, and significant pain and suffering.

As an award-winning, highly recognized law firm, our team knows how to determine your legal options based on your experience and injuries. Let us learn more about you and discuss your next steps with you today for free. Call us to learn more. We are helping those hurt by dangerous hernia mesh implants get justice.