First Covidien Hernia Mesh Lawsuit Trial Over Symbotex Problems To Begin Next Week

Man claims the hernia mesh layer made of pig collagen degraded too quickly, causing bowel obstruction and a return of the hernia that the product was supposed to treat.

On Monday, a Massachusetts jury will hear opening arguments in the first bellwether trial over claims that Covidien hernia mesh products are defectively designed, putting patients at risk of severe complications and the need for revision surgery.

The Medtronic subsidiary currently faces more than 2,400 hernia mesh lawsuits filed by individuals nationwide, each alleging the various hernia mesh products resulted in chronic pain, infections, adhesions, recurring hernias and the need for revision surgery.

All federal claims have been consolidated in the District of Massachusetts since June 2022, where they are being overseen by U.S. District Judge Patti B. Saris, who has guided the litigation through pretrial proceedings and coordinated discovery.

Judge Saris has implemented a “bellwether” trial plan, directing lawyers from both sides to prepare a series of cases that are representative of the litigation as a whole for early test trials. This will give attorneys a chance to see how juries respond to evidence and testimony expected to be common throughout the litigation.

Covidien Hernia Mesh Bellwether Trial

On July 13, claims by Larry Patterson of Alabama will be brought before a jury in the first Covidien hernia mesh bellwether trial. According to his lawsuit, Patterson was implanted with a Covidien Symbotex hernia mesh in 2017 and alleges that the mesh’s defective design was responsible for him suffering adhesions, bowel obstruction and a recurrent hernia.

The Symbotex mesh is constructed from a non-absorbable polyester textile with an absorbable porcine collagen coating, which is intended to reduce tissue attachment if the mesh contacts organs or tissue in the abdomen. The lawsuit claims that the collagen coating failed, degrading too quickly after surgery, exposing his bowels to the polyester mesh underneath.

Patterson required additional surgery in July 2020, at which time doctors surgically removed the mesh. They also had to correct the recurring hernia the mesh was supposed to fix and resectioned part of his bowels.

Known as a cross-linked mesh due to its mixture of pig collagen and polyester, the Symbotex is designed to chemically link the proteins in the tissues together. However, many plaintiffs argue that meshes using crosslink designs have been linked to an increased risk of foreign body responses.

Hernia Mesh Lawsuits

While the Patterson trial’s outcome will not be binding on other hernia mesh lawsuits, the results will be closely watched to see how the jury weighs the strengths and weaknesses of each side’s evidence and arguments. It will also be watched to see whether the jury finds the manufacturer liable and what kind of damages awards, if any, are given to plaintiffs.

The results could influence future settlement negotiations between Covidien and plaintiffs’ lawyers, potentially leading to an agreement that resolves large numbers of hernia mesh lawsuits without requiring thousands of costly and time-consuming trials.

However, if the bellwether trials end without any settlement or other resolution, Judge Saris is expected to begin remanding the cases back to the U.S. District Courts where they were originally filed to be prepared for individual trial dates.

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