$88 million Settlement Reached in First Federal Covidien Hernia Mesh Bellwether Trial

Posted: August 4, 2026

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Highest Compensatory Mesh Verdict in United States History

An $88 million federal jury verdict in the first bellwether trial in the Covidien Hernia Mesh Products Liability Litigation (MDL No. 3029), marking a significant milestone in the litigation pending in the U.S. District Court for the District of Massachusetts.

A federal jury ordered Medtronic to pay $88 million to Larry Patterson and his wife, Tammy, after finding that hernia mesh manufactured by its Covidien unit caused Larry serious injuries and that physicians were not adequately warned of the risks associated with the company’s Symbotex hernia mesh. Timothy M. O’Brien, shareholder in Levin, Papantonio, Proctor, Buchanan, O’Brien, Barr & Mougey, P.A., led the trial team before U.S. District Judge Patti B. Saris in Boston. Kelsey Stokes of Stokes & Hobbs also handled key witnesses and tried the case with O’Brien.

Patterson, 61, underwent hernia repair surgery in 2017, during which he was implanted with a Symbotex hernia mesh. During the trial, Patterson alleged the mesh’s protective collagen barrier dissolved in approximately seven days, far sooner than the approximately 30 days physicians were allegedly told to expect. He alleged the premature degradation allowed the mesh to adhere to his bowel, requiring a second surgery to remove the mesh along with several inches of his intestine. Larry and Tammy Patterson testified about the physical, emotional, and financial toll the injuries have had on their lives.

The jury found Covidien failed to warn physicians about the mesh’s risks, awarding $77 million to Larry Patterson and $11 million to Tammy Patterson on her consortium claim.

This $88 million verdict is the highest compensatory damages award in the 15-year history of mesh products litigation in the U.S., including all hernia mesh trials and the dozens of transvaginal mesh trials that preceded it.

“This is a substantial verdict for the substantial damage caused to this wonderful man and his wife. The jury found this company concealed the truth about Symbotex, and hit them with the consequences.”

Timothy M. O’Brien, Shareholder, Levin Papantonio

Patterson’s case was the first of more than 2,400 lawsuits against Covidien to reach a jury, out of a federal multidistrict litigation (MDL No. 3029) coordinating claims that its hernia mesh products, including Parietex, ProGrip, and Symbotex, were defectively designed and inadequately labeled. This verdict resolves only the Pattersons’ claims.

Covidien denied the allegations throughout the trial, arguing that Larry Patterson’s medical history and other risk factors caused his injuries.

Timeline of the Litigation

January 2024: The Judicial Panel on Multidistrict Litigation consolidated 900 cases before the
United States District Court of Appeal of the District of Massachusetts. The MDL now includes more than 2,500 cases.

2024–2025: The parties completed coordinated discovery and prepared representative bellwether cases for trial.

January 2026: The U.S. District Court for the District of Massachusetts scheduled Patterson v. Covidien as the first federal bellwether trial.

July 2026: The first federal bellwether trial began in Massachusetts.

August 4, 2026: The jury returned an $88 million verdict in favor of the Pattersons.

Levin Papantonio Leads the Way

Levin Papantonio has played a leadership role throughout the Covidien Hernia Mesh MDL through Shareholder Timothy M. O’Brien, who serves on the Plaintiffs’ Executive Committee. O’Brien was joined by co-lead Kelsey Stokes of Stokes & Hobbs LP. Levin Papantonio attorneys Alex Taylor and Caleb Cunningham worked to develop important trial testimony, including Mr. Patterson’s implanting surgeon, whose testimony as a neutral witness supported the failure-to-warn claims, and other experts.

The case is Patterson et al. v. Covidien Inc. et al., No. 1:22-cv-10153, a member case of In re: Covidien Hernia Mesh Products Liability Litigation No. II, MDL No. 3029, pending in the U.S. District Court for the District of Massachusetts.

Related Coverage

Sources: Reuters, Star Tribune, Law360, US News, DrugWatch, Harris Martin