Covidien Hernia Mesh Lawsuit Payout of $88M Awarded in First MDL Bellwether Trial

Lawsuit was the first in a series of hernia mesh bellwether trials designed to see how plaintiffs’ and defendants’ arguments and testimony hold up before a jury.

Medtronic and its Covidien subsidiary have been ordered to pay $88 million to an Alabama man and his wife after a federal jury found that the company failed to adequately warn about the risks associated with its Symbotex hernia mesh.

The verdict came after a three-week trial involving allegations that the mesh adhered to Larry Patterson’s bowel, causing an obstruction, a recurring hernia and the need for additional surgery. It was the first of more than 2,400 Covidien hernia mesh lawsuits pending in the federal court system to go before a jury.

Symbotex is a composite hernia repair mesh made from a permanent polyester textile covered by an absorbable collagen barrier derived from porcine tissue. The coating is intended to temporarily prevent the mesh from attaching to the bowel and other organs while tissue grows over the implant.

However, lawsuits filed against Covidien allege the protective coating may degrade too quickly, leaving the polyester mesh exposed before the healing process is complete. Plaintiffs claim this can cause the implant to attach to internal organs, resulting in adhesions, bowel obstructions, infections, recurring hernias, chronic pain and revision surgery.

Similar allegations have been raised over Symbotex, Parietex, ProGrip and other Covidien hernia mesh products. As the number of complaints increased, the federal claims were consolidated as part of a multidistrict litigation established in the U.S. District Court for the District of Massachusetts before U.S. District Judge Patti B. Saris.

Symbotex Mesh Failure Lawsuit

Patterson originally filed his complaint in 2017, alleging that complications developed after he received a Symbotex implant during hernia repair surgery that year.

According to the lawsuit, the collagen coating degraded too quickly and exposed his bowel to the polyester mesh underneath. The implant allegedly adhered to the bowel, causing an obstruction and a recurring hernia.

The complaint indicates that Patterson required another operation in 2020 to remove the mesh, separate it from his bowel and resect part of his intestines. He maintained that Covidien failed to adequately warn surgeons that the protective coating could disappear before tissue formed over the implant.

Patterson’s case was the first in a series of hernia mesh bellwether trials, which are part of a plan by Judge Saris to give attorneys from both sides the opportunity to see how juries respond to evidence and testimony likely to be repeated throughout the litigation.

Covidien Hernia Mesh Lawsuit Verdict

The trial got underway in mid-July in the U.S. District Court for the District of Massachusetts before Judge Patti B. Saris. Over three weeks, 61-year-old Larry Patterson argued that the Covidien Symbotex hernia mesh he received in 2017 was defectively designed.

On Tuesday, following a three-week trial, a federal jury returned an $88 million verdict in Patterson’s favor. The award included:

• $77 million for Patterson’s injuries and related damages
• $11 million for his wife, Tammy Patterson, for loss of consortium

The entire $88 million verdict was compensatory, with the jury declining to impose punitive damages.

Medtronic has promised to challenge the verdict before Judge Saris and appeal the decision to a higher court if she does not throw out the jury’s decision, claiming the award was excessive. However, Judge Saris had already denied many of the company’s claims before the trial, rejecting Covidien’s request for a summary judgment.

Although the verdict is not binding on other Covidien hernia mesh lawsuits and does not guarantee similar results in future cases, the $88 million award represents a significant early victory for plaintiffs with pending claims. It may strengthen their position in settlement negotiations by demonstrating that a jury was willing to hold Covidien liable and award substantial compensation based on allegations involving Symbotex.

Additional bellwether trials are expected to test similar evidence and claims. However, if those proceedings do not lead to a global settlement or another resolution, Judge Saris may begin remanding individual lawsuits to the federal courts where they were originally filed for separate trial dates.

Sign up for more legal news that could affect you or your family.