Hernia Mesh Lawsuit Overview

Hernia surgery is a common medical procedure where a hernia mesh is often used to provide support to the weakened or damaged tissue. However, thousands of hernia mesh lawsuits have been filed in recent years over the alleged design defects of the Ethicon Physiomesh, Atrium C-Qur, Alloderm, Kugel Patch, and other hernia mesh products.

Each of the hernia mesh claims raise similar allegations that users suffered painful and debilitating injuries that could have been avoided if the manufacturer had issued adequate warnings.

Hernia mesh lawsuits claim that manufacturers failed to uphold their obligation to adequately research their products and warn about risks associated with their device. In many cases, it appears the manufacturers knew, or should have known about the growing number of adverse events associated with their surgical mesh products, yet failed to warn patients, doctors or the medical community.

As a result, individuals are now seeking financial compensation from the manufacturers for their injuries caused by the failing hernia mesh products.

Who Qualifies for a Hernia Mesh Lawsuit?

Individuals may qualify for a hernia mesh lawsuit if they received a hernia mesh and experienced any of the following injuries or complications;

• Revision Surgery Required for Hernia Mesh Removal
• Complications Related to Hernia Repair Surgery
• Infections Arising from the Mesh
• Displacement or Mesh Migration
• Internal Injuries Caused by the Mesh
• Failure of the Hernia Repair

2025 Hernia Mesh Lawsuit Updates

March 4, 2025 Update: Last month, the Plaintiffs’ Steering Committee (PSC) and defense attorneys filed a joint stipulation calling again for an extension of certain discovery deadlines in the Covidien hernia mesh litigation, indicating they mistakenly asked for too short a time period for two expert discovery deadlines in last year’s request. The new deadlines call for plaintiffs’ expert reports for the Bellwether Pool cases to be completed by March 7, defendants’ expert reports due by April 18, and Plaintiffs’ rebuttal expert reports due by May 2.

February 5, 2025 Update: To date, over 25,000 hernia mesh lawsuits are currently pending in multiple multidistrict litigations, targeting major manufacturers for the alleged failures of their medical products. Currently, Ethicon, a Johnson & Johnson subsidiary, is dealing with 16 cases; Covidien, part of Medtronic, faces 1,660 lawsuits; and Bard, a division of Becton Dickinson, is confronting a substantial 24,102 lawsuits.

December 2, 2024 Update: In a case management order issued late last month, U.S. District Judge Edmund A. Sargus announced the appointments of Ellen K. Reisman and John Jackson, to serve as Special Masters in the federal multidistrict litigation (MDL) to organize and manage a Court-supervised Intensive Settlement Process (ISP), which is intended to resolve claims that do not settle as part of the global agreement. These Special Masters will hold a series of mediation sessions and provide the court with a quarterly update on the progress of the ISP, which is expected to continue through at least mid-2029.

November 1, 2024 Update: As many await the final details of the Bard hernia mesh lawsuit settlement, a news report has indicated that Becton Dickinson & Co. will pay over $1 billion to settle more than 38,000 lawsuits, which cites that Becton has allocated $1.7 billion for all its product-liability cases, including those related to mesh litigation.

October 4, 2024 Update: In the Covidien hernia mesh litigation, U.S. Magistrate Judge M. Page Kelley issued a case management order outlining agreed protocols between plaintiffs’ and defendants’ attorneys for handling pathological evidence crucial to Covidien hernia mesh lawsuits. This evidence includes remnants of Covidien mesh and affected tissues removed from plaintiffs, essential for proving injury claims and defective design allegations. The order ensures both parties have equal access to this untested material, preserved for analysis without interference, except where routine procedures might destroy it. Additionally, it requires a pause in current testing and mandates collaboration on handling already conducted analyses, with the court ready to intervene if necessary. This pivotal evidence is expected to influence the selection of cases for the initial Covidien mesh bellwether trials, slated to start no earlier than the end of 2025.

October 3, 2024 Update: Beckton, Dickinson and Company, the parent of C.R. Bard, recently announced a Bard hernia mesh lawsuit settlement agreement aimed at resolving the majority of the ongoing hernia mesh litigation. Although specific financial details were not disclosed, the payments are planned over several years as part of the company’s cash flow and capital allocation strategies. The settlement, pending approval from most plaintiffs, is not an admission of guilt, and unresolved claims will continue to be contested by the company.

Is There a Hernia Mesh Class Action Lawsuit?

Thousands of individual hernia mesh lawsuits filed against manufacturers are being handled through a legal process known as multidistrict litigations (MDLs). MDLs are designed to efficiently process a large number of lawsuits that share common issues.

In the case of hernia mesh, several MDLs have been established to address claims against different manufacturers. Hernia mesh multidistrict litigations have been formed to handle lawsuits against the following manufacturers and their brands of hernia mesh products.

Bard Hernia Mesh Lawsuits

Bard Davol (a subsidiary of C.R. Bard) is one of the leading manufacturers that has been named in thousands of Bard hernia mesh lawsuits filed in recent years. Bard hernia mesh lawsuits claim that many of the surgical mesh products contain defects that make the mesh prone to failure, and the need for revision surgery within a few years.

Some of the surgical mesh products named in Bard hernia mesh lawsuits include;

• 3D Max
• Kugel mesh
• Ventralex
• Composix
• PerFix
• Ventrio
• Visilex
• Other Bard brands

Due to the growing number of Bard hernia mesh lawsuits being filed raising similar questions of fact and law, the U.S. Judicial Panel on Multidistrict Litigation (JPML) decided to consolidate and centralize all hernia mesh lawsuits filed nationwide against C.R. Bard before U.S. District Judge Edmund A. Sargus in the Southern District of Ohio for coordinated discovery and management.

As of early 2024, more than 20,000 Bard hernia mesh lawsuits are awaiting early bellwether hernia mesh trial results in the Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation MDL 2846.

Ethicon Hernia Mesh Lawsuits

Ethicon Physiomesh was introduced in March 2010, featuring a unique, multilayered design that was intended to improve performance. However, amid a high number of failures, an Ethicon Physiomesh recall was issued in May 2016, removing the product from the market worldwide.

Due to a rising number of Ethicon hernia mesh lawsuits filed in the wake of the recall, the JPML centralized all Ethicon hernia mesh claims filed throughout federal courts in the Northern District of Georgia before U.S. District Judge Richard Story.

Some of the Ethicon hernia mesh brands named in lawsuits include;

• Physiomesh Mesh
• Proceed
• PHS
• Prolene 3D
• Prolene Hernia System

Plaintiffs in these cases allege that the Ethicon Physiomesh was defectively designed and manufactured, leading to severe complications like abdominal pain, infection, hernia recurrence, adhesions, perforations, erosion, and other injuries associated with the failure of the hernia mesh.

Covidien Hernia Mesh Lawsuits

Covidien, now a subsidiary of Medtronic, produces hernia mesh devices like Parietex. These products have been the focus of legal action alleging defects and resulting injuries.

Given common questions of fact and law raised in complaints filed in U.S. District Courts nationwide, the U.S. Judicial Panel on Multidistrict Litigation centralized the Covidien hernia mesh lawsuits into a Covidien hernia mesh multidistrict litigation (MDL 3029) in June 2022, transferring all cases to U.S. District Judge Patti B. Saris in the District Judge in Massachusetts, for coordinated discovery and a series of early trial dates

Each of the lawsuits involve similar allegations, indicating that plaintiffs experienced complications after receiving defective polypropylene hernia mesh products sold in recent years, including but not limited to;

• Parietex Composite
• Parietex ProGrip
• Parietex Plug and Patch
• Symbotex

Atrium C-Qur Mesh Lawsuits

Atrium manufactures various hernia mesh products, including C-QUR mesh. Their mesh implants have been implicated in lawsuits involving serious complications such as infections, adhesions, and mesh failures.

Following a growing number of Atrium C-Qur hernia mesh lawsuits filed throughout the federal court system, the cases were centralized in the U.S. District Court for the District of New Hampshire in December 2016, where Judge Landya McCafferty has been presiding over coordinate discovery and pretrial proceedings.

Some of the Atrium hernia mesh products named in lawsuits filed in the Atrium Medical Corp. C-Qur Mesh Products Liability Litigation include;

• C-Qur
• C-Qur Mosaic
• C-Qur Edge
• C-Qur FX Mesh
• C-Qur TacShield
• C-Qur Lite Mesh V-Patch
• C-Qur Mesh V-Patch
• Atrium C-Qur Centrifx

Hernia Mesh Products Linked to Complications

Multiple hernia mesh products have been associated with dangerous and defective designs that have resulted in serious and potentially life threatening injuries to individuals. These designs and subsequent health implications have resulted in numerous investigations and recalls in recent years.

LifeCell Strattice Mesh

A hernia mesh product liability lawsuit was filed on September 9, 2021, raising allegations that the LifeCell Strattice biologic graft contains a defective design that can lead to implant failures requiring surgical removal.

These allegations suggest that the use of this product can lead to distressing and disfiguring complications associated with hernia mesh, causing significant pain for affected individuals.

During June 2021, multiple hernia mesh plaintiffs recommended the consolidation of all Strattice Mesh lawsuits in New Jersey state court, under the supervision of a single judge, for the purpose of conducting pretrial proceedings as part of a multi-county litigation (MCL).

Ethicon Physiomesh

An Ethicon Physiomesh recall was issued in May 2016, removing the product from the market worldwide amid a large number of failures and revision surgeries. Although the FDA classified the action as a “market withdrawal” in the United States, several foreign regulatory agencies have classified the action as a hernia mesh recall, and Ethicon has required all unused inventory to be returned and does not intend to begin selling the product again since it was unable to identify the cause of the problems associated with the controversial hernia mesh. The lawsuits were consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, in May 2017.

Atrium C-Qur Mesh

Pronounced “secure”, C-qur is a polypropylene mesh that is covered in a gel made from omega 3 fatty acids and triglycerides. It has been linked to a number of adverse events and complications, including claims that it causes friction with the underlying tissue. In October 2012, the FDA issued a warning letter to Atrium, citing the company for failing to respond to complaints about the C-QUR mesh and other products. The FDA accused the company of failing to review or investigate any complaints involving Atrium C-QUR failures or infections. The lawsuits were consolidated for pretrial proceedings as part of an MDL, or multidistrict litigation, in December 2016.

Kugel Hernia Mesh Patches

Recalls have been issued for a variety of different Kugel hernia products used for repair of ventral or incisional hernias, which may develop at the site of prior surgical scars. The Kugel Patch contains a memory recoil ring around the perimeter of the mesh, which allows the doctor to fold it during the hernia repair. It is designed to spring open once in place to lay flat. However, design defects may cause the plastic ring to break, resulting in serious internal injury. A number of Kugel hernia mesh settlements have been reached in recent years.

AlloDerm Regenerative Tissue Matrix

Alloderm is a hernia repair and abdominal reconstructive surgery patch, which is manufactured from tissue harvested from human cadavers. The manufacturer then aseptically processes the tissue to remove the cells and epidermis, and freeze-dries it to remove some of its elasticity, leaving a white, fibrous patch.

When used as a hernia repair patch, Alloderm has been linked to problems due to the manufacturer’s initial failure to warn physicians about the importance of pre-stretching the product, which can expand after it is implanted, causing a number of painful and debilitating complications.

Personal Stories from Hernia Mesh Recipients

For years, many individuals who have received these hernia mesh products have faced unexpected and often severe complications, ranging from chronic pain to additional surgeries.

As AboutLawsuits has closely covered the growing number of problems linked to Bard, Ethicon, Covidien or other hernia mesh products, as well as the growing litigations, many individuals have turned to our platform to share their personal experiences. Below are just several of many comments left by hernia mesh recipients who have experienced problems.

Recalled Hernia Mesh Brands

Some hernia mesh products that have been recalled or faced significant safety concerns in the past include:

• Ethicon Physiomesh: In May 2016, Ethicon issued a worldwide voluntary recall of its Physiomesh composite mesh due to higher-than-average rates of hernia recurrence and reoperation.
• Atrium C-QUR Mesh: Atrium Medical Corporation faced concerns regarding its C-QUR mesh products. While there wasn’t a complete recall, the FDA issued a Class II recall of this hernia mesh product in 2013 due to packaging issues and concerns over sterility.
• Bard Ventralex ST Hernia Patch: In 2005, C.R. Bard recalled specific lots of its Ventralex ST hernia patch due to the potential for delamination, where the layers of the mesh can separate, leading to serious complications.

We highly recommend staying updated with the latest information from regulatory agencies like the U.S. Food and Drug Administration (FDA) regarding hernia mesh recalls.

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

Every state has its own statute of limitations for which an abdominal hernia mesh lawsuit can be filed to seek compensation. Typically, in the majority of state courts, this time limit to initiate legal action is limited to approximately one to two years from the point at which the individuals affected by hernia mesh injuries become aware of their specific harm caused by the hernia mesh.

Hernia mesh lawsuit statute of limitations can vary from state to state and can be influenced by factors such as the date of the surgery, the date of the discovery of complications, and whether the claim involves product liability or medical malpractice.

What Injuries Can Lead to a Hernia Mesh Lawsuit?

A variety of injuries and complications resulting from hernia mesh implants can potentially lead to a mesh lawsuit. Some common injuries that may warrant legal action include:

• Chronic Pain: Persistent and debilitating pain in the abdominal or surgical site, which may hinder daily activities and quality of life.
• Infections: Recurrent or severe infections at the site of the hernia mesh implant, often requiring additional medical intervention and treatment.
• Mesh Erosion: The hernia mesh implant may erode or migrate from its intended position, causing damage to surrounding tissues, organs, or blood vessels.
• Adhesion Formation: Abnormal tissue connections or adhesions can develop between the mesh and nearby structures, potentially leading to pain, bowel obstruction, or other complications.
• Hernia Mesh Failure or Complications: This includes hernia mesh shrinkage, mesh folding or wrinkling, mesh detachment, or other issues that compromise the effectiveness of the hernia repair.
• Organ Perforation: In some cases, a defective hernia mesh implant may puncture or perforate organs, leading to severe pain, infection, and the need for further surgical intervention.
• Allergic Reactions: Some individuals may experience allergic reactions or hypersensitivity to the materials used in the hernia mesh implant, resulting in inflammation, chronic pain, or other complications.

It is important to note that each hernia mesh case is unique, and the specific injuries and complications may vary.

Hernia Mesh Lawsuit Settlements

Settlement amounts in hernia mesh cases can vary significantly. While it is challenging to determine an exact figure, potential hernia mesh settlements have been reported by hernia mesh lawyers to range between $65,000 to $80,000 on average, with the possibility of reaching as high as $1 million.

What is the Average Payout for the Hernia Mesh Lawsuit?

A hernia mesh lawsuit average payout can vary greatly, making it challenging to estimate the value of a specific case without a consultation. Numerous hernia mesh lawsuits have been settled, while many others are still awaiting resolution. Hernia mesh lawsuit settlements can range from $50,000 to as high as $1 million, depending on the severity and extent of the injuries involved. To gain a clearer understanding of the potential value of your case, it is crucial to consult with an experienced hernia mesh attorney.

Factors Affecting Hernia Mesh Lawsuit Settlement Amounts

Several factors can influence hernia mesh settlement amounts. While each case is unique and outcomes can vary, the following are common factors that can impact a hernia mesh lawsuit average payout amount:

How Long Does it Take to Settle an Abdominal Hernia Mesh Lawsuit?

The time required to settle hernia mesh litigation varies based on factors such as case complexity, pretrial proceedings, settlement negotiations, court schedules, and individual circumstances. As a result, it is challenging to provide an exact timeline.

Some hernia mesh cases may conclude within months, while others can extend for several years. Consulting with a hernia mesh lawyer is essential to gain a better understanding of the potential timeframe specific to your case.

See if You Qualify for a Hernia Mesh Lawsuit

Have a Hernia Mesh Lawyer Review Your Case

Attorneys are continuing to review new hernia mesh lawsuits. Hernia mesh lawsuit lawyers provide free consultations and claim evaluations to help hernia mesh victims throughout the United States determine whether financial compensation or settlement benefits may be available.

There are no fees or expenses unless a recovery or hernia mesh settlement is obtained in your case.