Hernia Mesh Lawsuit – Device Failure Settlement Lawyers

hernia mesh lawsuits

Hernia mesh lawsuits claim hernia mesh devices suffer from poor design. Plaintiffs’ complaints say manufacturers didn’t warn medical providers about serious complications and device failures.

Our law firm is currently accepting Covidien hernia mesh lawsuits and Bard hernia mesh lawsuits. Our hernia mesh lawyers are investigating cases where people received a hernia mesh device and experienced:

  • Additional surgeries
  • Infections
  • Bowel obstruction
  • Organ damage
  • Chronic pain

Our Lawyers Have Experience With Defective Medical Device Lawsuits

Our law firm has been handling lawsuits against medical device manufacturers since 1955. Our attorneys receive recognition in Best Lawyers in America and The National Trial Lawyers Hall of Fame.

If you or a loved one suffered injuries from defective hernia mesh, let our lawyers help you. Please contact our law firm today for a free case review: (800) 277-1193 or complete the Free Case Evaluation Form below.

News Updates for Hernia Mesh Lawsuits

Our lawyers want to keep informed. Here’s the latest news in the hernia mesh litigations involving Bard, Covidien, and Ethicon:

June 2024

The parties involved in the Bard hernia mesh MDL have another important deadline approaching this month. They have until June 24 to submit either a joint proposal or separate proposals for sending cases back to different federal courts for trial.

The mass torts judge set this deadline in the event plaintiffs’ and defense attorneys can’t agree on either a global settlement or a plan to resolve a large number of claims about the Bard hernia mesh.

May 2024

The number of Bard hernia mesh cases shows no signs of stopping its climb. The JPML reports the following updates (as of May 1, 2024) to pending cases in hernia mesh multidstrict litigation:

  • 22,256 pending cases: MDL -2846 IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation
  • 1,181 pending cases: MDL -3029 IN RE: Covidien Hernia Mesh Products Liability Litigation (No. II)
  • 55 pending cases: MDL -2782 IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation

April 2024

The month begins with continued growth in the number of pending lawsuits in each hernia mesh multidistrict litigation:

  • 21,673 pending cases: MDL -2846 IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation
  • 1,089 pending cases: MDL -3029 IN RE: Covidien Hernia Mesh Products Liability Litigation (No. II)
  • 92 pending cases: MDL -2782 IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation

March 2024

The hernia mesh settlement mediation for the hernia mesh litigation took place.

February 2024

The MDL judge canceled the fourth Bard hernia mesh bellwether trial. The judge had set the trial for April 8, 2024. The case focused on Jacob Bryan. He suffered serious problems from a Bard 3DMax hernia mesh implant.

In a court order, Judge Sargus decided to dismiss parts of the complaint. The case can continue with claims of strict liability, negligence, gross negligence, and punitive damages. However, the court dismissed the claims of failure to warn, fraud, and breach of warranty.

Later in the month, Judge Sargus entered a settlement mediation order for polypropylene hernia mesh litigation. The mediation is to take place March 4 and March 5, 2024.

January 2024

On January 2, 2024, the JPML reports the following number of pending cases in the 3 hernia mesh MDLs:

  • 20,973 pending cases: MDL -2846 IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation
  • 893 pending cases: MDL -3029 IN RE: Covidien Hernia Mesh Products Liability Litigation (No. II):
  • 201 pending cases: MDL -2782 IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation

December 2023

Johnson & Johnson and its subsidiary Ethicon settled a lawsuit involving 224 cases in Georgia. Both parties agreed to dismiss the claims, and U.S. District Judge Richard W. Story approved the settlement. Ethicon said they didn’t admit any wrongdoing and made the decision to avoid a long legal battle.

This settlement follows one of six months ago, where the companies settled with 161 plaintiffs in a different case, MDL-2782.

November 2023

In a new hernia mesh verdict, an Ohio a jury decided in favor of Plaintiff Aaron Stinson. Attorney Timothy M. O’Brien of Levin Papantonio Rafferty is one of the lawyers who represents Stinson. The bellwether trial concerned manufacturer C.R. Bard’s top-selling hernia mesh product for sports hernias: the Perfix® Plug.

Stinson alleged the polypropylene hernia mesh implant he had received in 2015 stuck to his tissues. The Complaint stated Stinson suffered lifelong injuries, pain, suffering, emotional distress, and lost wages. The jury awarded Stinson $500,000. Stinson emerged the winner on several claims, including:

  • Negligence
  • Negligence for failure to warn
  • Strict liability for failure to warn

October 2023

The third bellwether trial in the hernia mesh MDL began in the case of Stinson v. Davol, et al. (2:18-cv-01022). In 2015, Plaintiff Aaron Stinson underwent a right inguinal hernia repair. Surgeons implanted a Bard PerFix device.

Stinson experienced chronic pain in the area of the implan. tIn 2017, doctors performed exploratory surgery to check the source of this pain. Physicians discovered the mesh implant had curled into a ball and scarred internal tissue. The surgeon removed the mesh, but the pain has persisted.

September 2023

The judge in the hernia mesh multidistrict litigation issued a new Case Management Order. Per the order, the third bellwether trial of Stinson v. Davol, Inc., et al, will commence on October 16, 2023. The court slated the fourth bellwether trial, Bryan v. C.R. Bard Inc., et al, for early 2024.

What We Know About the Hernia Mesh Lawsuits

Hernia Mesh doctor

Hernia mesh lawsuits happen when patients sues mesh manufacturers. The plaintiffs allege they suffered complications and injuries after the mesh devices failed. According to complaints, the defendants’ mesh suffered from poor design. The complaints further accuse manufacturers of not properly warning patients about the risks and side effects.

Right now, tens of thousands of lawsuits are pending against different hernia mesh companies. The Judicial Panel on Multidistrict Litigation has grouped most of these legal claims together in federal court.

Which Hernia Mesh Manufacturers Are Being Sued?

Manufacturers facing mass tort lawsuits for their hernia mesh products include:

  • C.R. Bard (Davol), makers of the Composix, Ventralex, Kugel Patch, PerFix, and Sepramesh
  • Covidien (Medtronic), which manufactures the Parietex hernia mesh
  • Atrium Medical Corporation, a division of MAQUET Medical Systems, which produces the C-QUR mesh line (as well as PROLOOP, PROLITE, and PROLITE ULTRA)
  • Ethicon, part of Johnson & Johnson, and makers of Physiomesh
  • Gore Medical, manufacturer of Gore-Tex DualMesh
  • Genzyme Corporation, which makes Sepramesh IP

Some of these hernia mesh devices have been recalled. Other hernia mesh products are still in use.

Multidistrict Litigations for Various Hernia Mesh Lawsuits

The following hernia mesh multidistrict litigations are pending:

Covidien – MDL No. 3029 – IN RE: Covidien Hernia Mesh Products Liability Litigation No. II

In June 2022, the Judicial Panel on Multidistrict Litigation created MDL 3029. The panel assigned Judge Patti B. Saris from the District of Massachusetts to oversee this case. Chief Magistrate Judge M. Page Kelley will also be working on MDL 3029.

Covidien is the only major mesh manufacturer that uses polyester for their mesh. “Polyester is the worst permanent implant material you could put in a patient’s body,” said Attorney Tim O’Brien, a lawyer from Levin Papantonio Rafferty. O’Brien is leading the Covidien MDL with Kelsey Stokes.

Davol/C.R. Bard – MDL No. 2846 – IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

On August 2, 2018, the JPML transferred certain lawsuits to the District Court Southern District of Ohio to be overseen by Honorable Edmund A. Sargus, Jr. The lawsuits allege that defects in Bard’s polypropylene hernia mesh can lead to complications when implanted in patients. Possible complications include adhesions, damage to organs, inflammatory and allergic responses, and others.

Ethicon – MDL No. 2782 – IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation

The Honorable Richard W. Story presides over this MDL in the U.S. District Court Northern District of Georgia. The products of issue are Ethicon’s PHYSIOMESH mesh devices.

The Key Legal Issue

Many hernia mesh devices use materials that shrink, contract, harden, migrate, or fail. Resulting injuries include nerve damage, bowel damage, and the need for further surgery.

Court documents show that hernia mesh manufacturers are advertising their products for unnecessary uses. These include repairing small hernias doctors could treat with laparoscopic surgery and stitches.

Complications and Side Effects From Hernia Mesh Device Failure

The FDA reports multiple risks of surgical mesh in hernia repair surgery. Here are some common issues and complications with hernia mesh that have prompted lawsuits:

  • Mesh failure: The mesh doesn’t work as intended and requires removal
  • Bowel obstruction: The mesh moves or sticks to tissue. This blocks the bowels and causing diarrhea, constipation, or the inability to pass gas.
  • Abdominal pain: The patient feels pain in the abdomen, often with nausea. This results from the mesh sticking to the abdominal wall, bowel blockage, nerve damage, or infection.
  • Erosion of the implant: The mesh wears away, causing fever, infection, pain, and nausea.
  • Migration: The mesh moves from the place where the surgeon placed it.
  • Adhesion: The mesh sticks to internal tissue, especially common with coated meshes.
  • Infections: Infections can occur more than 30 days after surgery, often with severe headaches, fever, and sweating. These infections can lead to sepsis.
  • Chronic pain: Patients can suffer long-lasting pain throughout the body, often from complications of mesh failure.
  • Groin and testicular pain: Patients can experience pain in the groin or testicles. Damage in some cases requires removal of a testicle.
  • Perforation of organs or tissues: The mesh can tear or poke holes in organs or tissues. Sometimes, this can require removal of parts of the bowels.
  • Seromas: Fluid collects under the skin, sometimes leading to infection.
  • Recurrence of the hernia: The hernia comes back after surgery, often needing more surgery.
  • Cancer: Cancer can develop from infected mesh.
  • Hernia mesh revision surgery: Some cases require surgery to fix or replace the failed mesh.
  • Delayed consequences: Some problems show up years after patients receive their implants.

Many other complications can stem from hernia mesh device failure. These include:

  • Rash
  • Kidney failure
  • Liver problems
  • Autoimmune disorders
  • Nerve changes
  • Dental issues
  • Painful sex

If you or a loved one were injured by defective hernia mesh, our lawyers are here to help. Contact our law firm today for a free case review at (800) 277-1193 or fill out the Free Case Evaluation Form below.

Hernia Mesh Injuries & Side Effects

Abdominal wall hernias often require surgical correction. A surgeon can typically repair a hernia without the use of a mesh product. Also, the surgeon can use a material that poses less risks than many synthetic products currently on the market.

Many manufacturers rushed their synthetic hernia mesh productsto the market using the FDA’s 510k clearance process. Companies manufactured and marketed the devices with little to no studies as to their safety. Since then, manufacturers have silently withdrawn many of these devices. In some cases, the mesh devices have been recalled.

Problems With Hernia Mesh Devices

These problematic hernia mesh devices contain design defects and undisclosed or under-disclosed risks, such as:

  • Use of “coatings” on the mesh product that cause adverse reactions and infections
  • Excessive mesh and tissue contraction
  • Tendency of the mesh to migrate, shrink, or turn into a hardened ball or mass
  • Excess foreign body reaction and rejection of the mesh in the body

Symptoms of a Hernia Mesh Complication

If you received a hernia mesh implant, watch for these signs and symptoms:

  • Constipation
  • Fatigue
  • Fever
  • Irritable bowel
  • Severe pain
  • Urinary issues

If you experience these symptoms, immediately report them to your treating physician. Hernia mesh complications can occur within days to years following a hernia mesh implant.

Surgical Removal of Your Hernia Mesh Implant

Your healthcare provider should keep the hernia mesh and tissue after removing it from your body. This is an important piece of evidence in your case.

Your healthcare provider can learn more about this procedure by contacting a hernia mesh lawyer.

Compensation in a Hernia Mesh Lawsuit

If you have suffered injuries because of a hernia mesh, our law firm will review the details of your case. Compensation and the amount of a settlement or verdict depend on multiple factors. Types of damages you could collect include:

  • Past and future medical expenses that result from any injuries caused by the hernia mesh
  • Costs of the revision surgery
  • Costs for treatment of infections
  • Costs for treatment of perforations
  • Costs for treatment of obstructions
  • Costs for care for chronic pain
  • Past and future pain and suffering caused by the injuries, and the treatment and recovery process.
  • Past and future wage loss
  • Past and future loss of capacity to earn money.
  • Punitive damages
man signing contract

History of Settlements in Hernia Mesh Lawsuits

Hernia mesh lawsuits represent one of the largest mass tort litigations in U.S. history. While many of these cases are still active, some settlement agreements have occurred.

Bard Kugel Mesh Settlement

In 2011, C.R. Bard settled 3,000 cases over its Kugel Mesh for $184 million. The FDA had recalled that device in 2005, 2006, and 2007. However, law firms continued to file lawsuits against Bard and its subsidiary DaVol for several years.

In June 2017, a federal judge dismissed several of the cases. The judge ruled that all claims against Bard had been settled for an undisclosed amount.

Transvaginal Mesh Settlements

Similar to the hernia mesh lawsuits, people filed thousands of claims against manufacturers of a vaginal mesh medical device. The purpose of this product was to treat women who were experiencing incontinence. Over time, the device began to erode inside the patient’s body. This caused chronic pain, organ damage, and repeat surgeries.

More than 100,000 lawsuits were filed against the transvaginal mesh manufacturers. This litigation resulted in $3 billion in settlements.

Hernia Mesh Recalls

From 2005-2007, C.R. Bard issued several recalls involving its Kugel Mesh product. The recalls related to a problem associated with potential bowel tears. Most of the hernia mesh recalls have been Class 2 recalls. This means the side effects were temporary or could be treated.

However, the C.R. Bard Kugel patch had a Class 1 recall. This means it posed serious health risks and could be deadly.

In 2012, the FDA sent Atrium a warning over its failure to respond and address numerous complaints of infections due from the C-QUR. In 2015, a federal judge issued an injunction, prohibiting Atrium from manufacturing and distributing the product.

How Does Hernia Mesh Work?

Each year, surgeons perform approximately one million hernia repair surgeries in the United States. According to the FDA, most hernia repair surgeries use surgical mesh, made from either synthetic or animal tissue.

A key concern with hernias is strangulation. This happens when an organ pushes through the abdominal wall or tissue, blocking blood supply to an organ. Surgeons often use hernia mesh in hernia repair procedures to prevent reocurring hernias. The devices reinforce the area where a hernia is protruding.

Types of Hernias

Surgeons use these devices in the repair of various types of hernias. Medline Plus outlines the types of hernias, based on their location:

  • Ventral (abdominal wall)
  • Inguinal (inner groin)
  • Femoral (upper thigh or outer groin)
  • Hiatal (upper stomach)
  • Incisional (from a surgical cut)
  • Umbilical (navel/belly button)

Types of Hernia Mesh Devices

Manufacturers construct hernia mesh from either synthetic or animal tissue. Hernia mesh products consist of absorbable or non-absorbable material.

  • Absorbable: Breaks down over time, after natural tissue has formed, to prevent the hernia from recurring.
  • Non-absorbable: Meant to remain in the body permanently

FDA and Scientific Studies Regarding Hernia Mesh

Numerous studies and FDA reports have discussed hernia mesh implants, their effectiveness, and adverse outcomes from implants.

Hernia Surgical Mesh Implants

Hernias have a high rate of recurrence. Surgeons often use surgical mesh to strengthen the hernia repair and reduce the risk. Still, in some situations, using surgical mesh for hernia repair may not be recommended.

Comparison of Two Mesh/Fixation Concepts for Laparoscopic Ventral and Incisional Hernia Repair

This was a randomized controlled trial comparing two systems of mesh and fixation for laparoscopic ventral and incisional hernia repair. Researches terminated the study early upon noticing a high recurrence rate.

Comparison of outcomes of synthetic mesh vs suture repair of elective primary ventral herniorrhaphy

Mesh repair has a small reduction in recurrence rates compared with suture repairs for primary ventral hernias. However, mesh shows an increased risk of seroma and surgical site infections.

Long-term Recurrence and Complications Associated With Elective Incisional Hernia Repair

Researchers found sutured repair posed a higher risk of repoeration for recurrence over 5 years (compared with open mesh and laparoscopic mesh repair) among patients undergoing incisional repair. However, in long-term follow-up, these benefits of mesh are offset in part by mesh-related complications.

Ventral hernia repair with synthetic, composite, and biologic mesh: characteristics, indications, and infection profile

Prosthetic mesh devices comprise three main types:

  • Synthetic mesh, such as polypropylene (PP) or polyester: mesh with high tensile strength and vigorous tissue ingrowth
  • Composite mesh (barrier-coated mesh): a dual-sided prosthetic with a synthetic parietal side. This promotes a strong repair and a visceral surface that repels tissue ingrowth and decreases adhesion formation.
  • Biologic mesh: A collagen-based scaffold made from human, pig, or cow tissue. Surgeons can implant the device either outside or inside the peritoneal cavity.

Prospective Study Of A Size Tailored Approach to Repair Umbilical And Epigastric Primary Ventral Hernias

Primary ventral hernias, (umbilical and epigastric hernias, for example) primarily use mesh for abdominal wall reinforcement. Mesh-devices using a dual-sided mesh technology exist for the specific indication of small ventral hernias. This study was to determine the best size hernia meshes to use in different situations. However, researchers terminated the study after noting an abnormally high rate of infections.

Complications of mesh devices for intraperitoneal umbilical hernia repair: a word of caution

“We have seen several patients with serious late complications of these meshes placed intraperitoneally. Some of these patients needed small bowel resection and mesh removal. Others developed a recurrence because of improper deployment of the mesh in the intraperitoneal position.”

Our Hernia Mesh Lawsuit Lawyers Will Work to Get You Compensation

Our law firm will investigate your claim, calculate your damages, and fight to get you the compensation you deserve.

If you or a loved one suffered injuries from defective hernia mesh, our lawyers can help. Reach out to our law firm today for a free case review by calling (800) 277-1193 or filling out the Free Case Evaluation Form below.