Covidien ProGrip Mesh Lawsuit Scheduled for March 2027 Jury Trial

Case involves a lawsuit from a man who says his ProGrip mesh adhered to his internal organs, resulting in the loss of a testicle.

A U.S. District Judge has selected the lawsuit that will serve as the third Covidien hernia mesh bellwether trial, involving a man who alleges his ProGrip mesh caused severe complications that ultimately resulted in the loss of a testicle.

The case is part of about 2,500 Covidien hernia mesh lawsuits filed by individuals who allege products such as ProGrip, Symbotex and Parietex were defectively designed and can cause adhesions, recurring hernias and other complications requiring additional surgery.

Many claims focus on an absorbable collagen barrier intended to prevent the permanent polyester mesh from adhering to the bowels and other organs. Plaintiffs allege the barrier can degrade too quickly, allowing the mesh to attach to internal tissue, and that Covidien knew about the risk but failed to adequately warn patients or the medical community.

Each of the claims filed in federal court have been consolidated before U.S. District Judge Patti B. Saris in the District of Massachusetts for coordinated discovery and pretrial proceedings. As part of that process, Judge Saris has been preparing a series of bellwether trials intended to test recurring allegations, defenses and evidence before juries.

The first bellwether trial was held in late July and early August and involved claims by Larry Patterson, who alleged a Symbotex mesh became adhered to his bowels after its collagen barrier failed. Patterson suffered a bowel obstruction and recurring hernia and required multiple surgeries to remove the mesh, including a procedure in which doctors removed a portion of his intestines.

The jury ultimately returned an $88 million verdict, awarding Patterson $77 million for his injuries and damages and another $11 million to his wife, Tammy Patterson, for loss of consortium.

Future Covidien Hernia Mesh Trials

Judge Saris has scheduled a second bellwether trial for January 11, 2027, and a third for March 2027. The plaintiff in the second bellwether trial will be Regina Stephen, who suffered small bowel adhesions and had to have her mesh removed.

The judge issued a scheduling order (PDF) on September 18, calling for summary judgment and case-specific Daubert motions to be filed by October 2, 2026. A final pretrial conference is slated for December 10.

Counsel for plaintiffs and defense both submitted proposals last week for the third trial’s plaintiff, which Judge Saris declared must involve a ProGrip mesh lawsuit.

Plaintiffs put forward a claim by Stephen Passmore (PDF) on September 22. He was implanted with a Parietex ProGrip mesh in May 2017, but over the following months suffered extreme pain, which he said felt like a piece of chicken wire was constantly stabbing him in the groin. Passmore’s removal operation cost him one of his testicles, and he needed multiple revision surgeries.

Despite the third case’s selection being put aside for plaintiffs to choose, defendants pushed for the selection of a ProGrip mesh lawsuit filed by Vandon Kelly (PDF), claiming Kelly’s case was more representative of the claims, involving one failed mesh and one removal surgery.

The judge issued a notice on September 23 indicating she decided to choose Passmore’s claim for the ProGrip mesh lawsuit trial, stating that she decided to stay with the original schedule, which called for the third case to be chosen by plaintiffs. A final pretrial conference has been set for March 10, 2027, with a trial date scheduled to start on March 29, 2027.

Hernia Mesh Lawsuits

The bellwether verdicts will not be binding on other Covidien claims, but the results may help both sides evaluate the litigation and determine whether a broader settlement can be reached.

Covidien is also not the only hernia mesh manufacturer facing large-scale litigation. C.R. Bard has faced more than 25,000 hernia mesh lawsuits consolidated in a separate federal MDL in the Southern District of Ohio before U.S. District Judge Edmund A. Sargus.

Last October, Bard and plaintiffs’ counsel announced a hernia mesh settlement intended to resolve a substantial portion of those claims. However, the agreement does not end the litigation entirely, and new lawsuits may still be filed by individuals whose injuries were only recently diagnosed.

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