Thousands of hernia mesh lawsuits are ongoing under several multidistrict litigations against manufacturers by plaintiffs who claim to have experienced health complications after surgical implantation.
March 2025 Update
The Hernia Mesh lawsuit continues to develop as litigation against manufacturers like Covidien and Bard remains ongoing. In February 2025, Covidien extended its deadline for selecting a mediator, signaling potential settlement talks may be on the horizon, though no resolution is guaranteed. Meanwhile, new lawsuits are emerging, including a recent case in California involving a Covidien mesh implant, adding to the growing number of claims in multidistrict litigation (MDL), with Bard’s MDL now at 24,102 claims and Covidien’s at 1,660.
You May Be Eligible for Hernia Mesh Lawsuit
There are four medical device companies that are part of the hernia mesh litigation: C.R. Bard (part of Beckton Dickinson), Covidien, Ethicon (Johnson & Johnson subsidiary), and Atrium Medical Corp.
Plaintiffs in these cases are suffering from severe post-surgical complications from the hernia mesh implant.
We are still taking claims for this active lawsuit. If you have had complications following your hernia mesh implant, call our legal advisors today for a free consultation at 855-625-7778.
Hernia Mesh Lawsuit Updates
These lawsuits allege that material flaws, manufacturing defects, improper labelling, or medical malpractice led to product failures, requiring revision surgery to correct the resulting injuries. Plaintiffs are seeking compensation to cover damages such as medical bills, lost wages, and compromised quality of life.
A hernia occurs when fatty tissue, an organ, or part of an organ protrudes through the muscle or connective tissue that normally contains it, often as a result of pressure forcing the affected area through a hole or a weak spot. Hernias typically require surgical repair, with the most common corrective measure being hernia mesh, a medical device that supports the point of injury as it heals. In the event of a failure, a patient may experience symptoms such as pain, infection, adhesion of the mesh to other tissues, and bowel obstruction.
Hernia Mesh Lawsuits Timeline
October 2, 2024:
- BD announces a settlement resolving the majority of hernia mesh lawsuits in both Rhode Island and the federal multidistrict litigation in Ohio. The settlement payments will be made over multiple years without requiring additional charges to BD’s income statement. BD denies any liability in the settled cases but will continue to defend unresolved claims.
June 19, 2024:
- New study found major problems with robotic hernia repair surgery compared to traditional surgery. Those who have robotic surgery are more likely to have hernia reappear sooner.
May 23, 2024:
- The judge overseeing the Covidien MDL has extended scheduling because of ‘significant discovery deficiencies.’
March 25, 2024:
- Bard mediation started.
March 1, 2024:
- The Covidien MDL judge has asked for the company to release complaint files.
December 5, 2023:
- Johnson & Johnson have reached a settlement in Georgia.
December 1, 2023:
- Another bellwether trial has been scheduled for April 2024.
November 9, 2023:
- Jury reaches a verdict in the Bard Hernia Mesh Trial, with mixed outcomes on various claims and a $500,000 award to the plaintiff.
October 17, 2023:
- Start of the pivotal Bard Hernia Mesh Trial (Stinson v. CR Bard).
October 4, 2023:
- Anticipation of the third Bard hernia mesh lawsuit trial.
September 18, 2023:
- Appointment of Robert King to the Plaintiff’s Leadership Committee in the Covidien Hernia Mesh lawsuit.
June 2023:
- Significant progress in the Covidien hernia mesh lawsuit, including “Science Day” and case management conferences.
May 18, 2023:
- Preparation for the bellwether trial Stinson v. Bard.
April 2023:
- Judge approves a standard Plaintiff Fact Sheet for bellwether trials against Covidien’s hernia mesh products. Speculations about a settlement in the Bard hernia mesh lawsuit.
March 2023:
- Multiple updates on the status and scheduling of the Bard hernia mesh lawsuits.
December 14, 2022:
- Postponement of the third bellwether Bard hernia mesh trial to May 2023.
October 1, 2022:
- A trial in the Bard hernia mesh MDL scheduled for February 21, 2023.
August 17, 2022:
- Appointment of a settlement master by Judge Sargus in the Bard hernia mesh lawsuit.
July 15, 2022:
- FDA releases a guide on the benefits and risks of hernia mesh.
June 7, 2022:
- Covidien hernia mesh lawsuits sent to U.S. Court in Massachusetts.
April 18, 2022:
- Federal jury orders Bard and Davol to pay $255K in a hernia mesh lawsuit.
Hernia Mesh Lawsuit News
- Hernia Mesh Litigation Reaches Global Resolution After Seven Years (10/3/2024)
- BD Announces Settlement of Major Hernia Mesh Litigation (10/3/2024)
- Significant Progress in Bard Hernia Mesh Litigation: Confirmation of Upcoming Stinson Bellwether Trial (8/23/2023)
Is there a hernia mesh lawsuit ?
Yes, there are more than 26,000 hernia mesh lawsuits underway against manufacturers like Ethicon, Davol Inc./C.R. Bard, and Atrium Medical Corp. These cases have been consolidated into three main multidistrict litigations (MDLs) in Georgia, Ohio, and New Hampshire, with additional lawsuits pending in state courts across the U.S.
What are the Injuries and Complications from Hernia Mesh Recall ?
The lawsuits focus on injuries caused by hernia mesh implants. For a mesh to be safe, it must be biologically inert, meaning it shouldn’t interact with bodily tissues. However, defective meshes can trigger immune responses, leading to:
- Rejection
- Infection
- Adhesion
- Bowel perforation or obstruction
- Bleeding
- Chronic pain
- Hernia recurrence
- Mesh shrinking or migration
Severe complications often require mesh removal surgery. Many plaintiffs in these cases had to undergo multiple corrective surgeries, yet some continued experiencing issues even after revision procedures.
What Manufacturers are Involved in Hernia Mesh Lawsuits ?
Ethicon (Johnson & Johnson)
- Lawsuits against Ethicon involved its Physiomesh product, which received FDA approval in 2010.
- Due to defect reports and complications, Ethicon recalled the mesh in 2016.
- By June 2017, lawsuits were consolidated into an MDL.
- Bellwether trials scheduled for 2021 were canceled, and in September 2021, Ethicon reached a confidential settlement.
Davol/Bard (Largest MDL)
- Lawsuits focus on polypropylene hernia mesh products, which are not biologically inert and can shrink or degrade, causing pain and infections.
- More than 18,000 cases are part of this MDL, making it the largest hernia mesh litigation.
-
Bellwether trials against Bard:
- Johns v. C.R. Bard Inc. (August 2021): Resulted in a win for the manufacturer.
- Milanesi v. Bard (April 2022): Plaintiff won $255,000 after proving the mesh caused infection and a bowel abscess.
- Stinson v. Bard: Initially set for May 2023, postponed to October 16, 2023.
Atrium Medical Corp.
- Atrium’s hernia mesh cases involve over 3,300 lawsuits (as of March 2023).
- The primary focus is on the C-Qur mesh device, which allegedly degraded, leading to infections and hernia recurrence.
- Barron v. Atrium Medical Corp.: This trial was scheduled for July 7, 2021, but Atrium reached a confidential global settlement before it took place.
State Court Lawsuits and Verdicts
- Some hernia mesh lawsuits have gone to trial in state courts.
- In August 2022, a plaintiff won $4.8 million in a case against Bard, arguing their hernia patch eroded due to a defective design.
Hernia Mesh Malfunctions Linked to Complications
Over the past decade, multiple studies have raised concerns about the safety of hernia mesh implants. These studies highlight several common complications, including:
- Infections
- Seromas (localized fluid accumulation)
- Bowel obstructions
- Bowel perforations
- Adhesion (abnormal tissue sticking together)
- Non-healing wounds
- Chronic pain
Systemic Inflammatory Responses
Some patients may experience a systemic inflammatory response due to hernia mesh implantation. Factors that may contribute to this include:
- Individual differences in immune response
- The size of the implanted mesh
- The load of the mesh material
FDA’s Position on Hernia Mesh Complications
The FDA acknowledges that complications can arise from hernia mesh implants. However, the agency attributes most issues to recalled mesh products that are no longer on the market.
Calls for Long-Term Safety Assessments
Despite the FDA’s stance, some researchers believe more long-term studies are needed to fully understand the risks and benefits of hernia mesh products. They argue that assessing long-term safety is crucial before making definitive claims about the effectiveness of these implants.
2014 JAMA Surgery Review and Meta-Analysis
Study Overview
A 2014 systematic review and meta-analysis published in JAMA Surgery examined various studies to compare suture-based ventral hernia repairs with mesh-based repairs. The primary focus was on:
- Hernia recurrence
- Surgical site infections (SSIs)
- Seromas (fluid buildup at the surgical site)
Research Methodology
- Researchers analyzed randomized controlled trials, case-control studies, and cohort studies.
- Studies were sourced from research platforms and reference lists, covering a 32-year period (1980–2012).
- After reviewing 1,492 articles, they selected nine for analysis.
- The final dataset included:
- 1,145 suture repairs
- 637 mesh repairs
Findings and Complications
Although the study aimed to compare suture and mesh repair effectiveness, it also suggested a potential link between hernia mesh and post-surgical complications. The researchers stated:
“Mesh use resulted in an increased risk of seroma formation and SSIs compared with suture repair.”
A statistical breakdown of mesh repair complications showed:
- 7.3% of mesh repairs resulted in infections
- 7.7% led to seromas
The researchers emphasized that both complications are “important outcomes associated with significant morbidity and cost.”
2016 JAMA Investigation
Study Overview
In 2016, Danish researchers from Zealand University Hospital, Hvidovre Hospital, and the Danish Hernia Database conducted a cohort study published in JAMA. The study investigated the long-term effects of incisional hernia repair, focusing on the risks of mesh-related complications.
Key observations from the researchers:
- Hernia mesh is widely used because it is believed to lower the risk of hernia recurrence.
- However, the long-term risks of mesh-related complications remain largely unknown.
- At least 50% of abdominal wall hernia repairs in the U.S. involve mesh.
Study Methodology
- The researchers analyzed all elective incisional hernia repairs performed in Denmark from Jan. 1, 2007, to Dec. 31, 2010.
- The dataset included 3,242 patients.
- Follow-up was conducted using:
- Prospective registrations from the Danish National Patient Registry.
- Retrospective manual reviews of patient records.
- Follow-up continued until a repeat operation, mesh removal, emigration, death, or the study’s conclusion on Nov. 1, 2014.
- The study achieved a 100% follow-up rate.
Findings and Mesh-Related Complications
- Mesh-based repair showed a lower risk of repeat surgery for hernia recurrence over five years.
- However, this benefit was partially offset by mesh-related complications, which included:
-
-
- Infections
- Seromas
- Non-healing wounds
- Bowel obstructions or perforations
- Bleeding
- Severe abdominal pain
-
- The risk of mesh complications increased over time, with:
-
- 1,050 patients requiring additional abdominal surgeries.
- 142 requiring surgery specifically for complications.
- 46 undergoing mesh removal due to serious complications.
Calls for Improved Long-Term Safety Evaluations
- The researchers emphasized the need for long-term safety studies before making conclusions about the benefits of hernia mesh.
- They highlighted that hernia mesh is classified as a medical device, meaning it does not undergo the same strict safety testing as pharmaceuticals.
- Due to limited clinical trial data, knowledge gaps exist regarding the long-term risks associated with hernia mesh.
2023 Journal of Abdominal Wall Surgery Research
Study Overview
In 2023, researchers from California medical centers and academic institutions published a study in the Journal of Abdominal Wall Surgery on systemic reactions to hernia mesh implants. The study focused on a rising incidence of a condition called autoimmune/inflammatory syndrome induced by adjuvants (ASIA).
The researchers coined the term “mesh implant illness” to describe cases where ASIA symptoms stemmed from hernia mesh implantation.
Study Methodology
- Researchers extracted data from a hernia database.
- They identified patients who underwent mesh removal between August 2013 and June 2020.
- A total of 847 patients were studied.
- Follow-ups were conducted in person and via phone to rule out other potential causes of illness.
Findings and Mesh-Related Complications
- Over seven years, 23% of patients (191 out of 847) required mesh removal.
- Of those:
- 28 cases were linked to probable mesh implant illness (ASIA-related issues).
- 137 cases involved pain, nerve pain, infection, hernia recurrence, or mesh shrinkage.
- The study suggests that implant size and load may contribute to individual reactions, in addition to:
- Foreign-body responses
- Implant degradation
- Variability in individual immune responses
FDA Notice on Hernia Surgical Mesh Implants
Common Complications Reported
The FDA has received reports of various complications from patients who underwent hernia mesh repairs. These include:
- Pain
- Infection
- Adhesion (tissue sticking together abnormally)
- Bowel obstruction
- Bowel perforation
- Hernia recurrence
- Mesh migration and shrinkage
FDA’s Position on Recalled Mesh Products
The FDA attributes many of these complications to recalled mesh products, stating that:
- Recalled meshes are no longer on the market.
- Reports indicate that these recalled products were the main cause of bowel perforation and obstruction complications.
What are the Projected Hernia Mesh Lawsuit Settlement Amounts ?
Estimated Settlement Ranges
Since thousands of hernia mesh lawsuits are still ongoing, exact hernia mesh settlement amounts remain uncertain. However, legal experts estimate:
- Low-end settlements: $65,000 – $80,000
- High-end settlements: Up to $1 million
These projections are based on previous hernia mesh litigation outcomes, particularly the Atrium C-Qur mesh case (2021) and the second bellwether trial against Bard (2022).
Do you qualify for a hernia mesh lawsuit ?
You may qualify for a hernia mesh lawsuit if:
- You have undergone hernia repair surgery with hernia mesh.
- You experienced serious complications stemming from hernia mesh implantation, such as infection, adhesion, bowel perforation or blockage, or mesh migration.
Your eligibility for a hernia mesh lawsuit may depend on the law firm with which you work as well as your specific complaints. Meeting the following conditions may indicate greater eligibility:
- Your hernia mesh implant was manufactured by Atrium, Bard Davol, or Ethicon.
- Your injuries arose more than 30 days from the date of the original surgery.
- You scheduled, underwent, or were advised by a surgeon to undergo additional surgery as a result of health complications stemming from your original surgery, even if medical issues prohibit you from pursuing said surgery.
Manufacturers and brands involved in the lawsuit
The table below outlines the manufacturers involved in the numerous multidistrict litigations and other lawsuits across the country as well as the models of hernia mesh products alleged to have caused damages:
Manufacturer |
Models Involved in Lawsuits |
---|---|
Atrium |
|
Bard Davol | All polypropylene brands, including:
|
Covidien/Medtronic |
|
Ethicon (Johnson & Johnson) |
|
W.L. Gore & Associates |
|