What’s Going on with Hernia Mesh Lawsuits?
Hernia mesh lawsuits are ongoing, and you could be eligible to join a mass tort (in this case, a multi-district litigation (MDL)) against a hernia mesh manufacturer. Your first step in this process may be consulting an attorney, who will review your case and explain the appropriate steps to take.
What Are Hernia Mesh Lawsuits About?
While the details of each hernia mesh lawsuit differ, common themes tie each together. When individuals suffer a hernia, they have a few options for repairing it. One of those options is a surgical mesh, which surgeons implant in the hopes that it will help the patient’s recovery and lower the likelihood of future hernias.
Typically made of synthetic or animal-derived materials, a hernia mesh is supposed to strengthen weakened tissue where a hernia could occur. Per the U.S. Food and Drug Administration (FDA), though, surgical hernia meshes have caused several adverse health outcomes.
Many patients who’ve received a hernia mesh (made by a variety of manufacturers) allege that:
- The hernia mesh causes pain.
- The hernia mesh contributes to infection in the abdominal area.
- Future hernias occur, rendering surgical hernia meshes ineffective.
- The hernia mesh causes a blockage in the small or large intestine, which can be extremely dangerous.
- The hernia mesh sticks to nearby bodily tissues and organs, causing health problems.
- The hernia mesh causes abnormal bleeding.
These are just a handful of the adverse hernia mesh outcomes that the FDA reports. If you or a loved one has experienced these or other harmful outcomes because of a hernia mesh, you may be eligible to join a lawsuit.
What Is the Legal Basis of Hernia Mesh Lawsuits?
Negligence is the basis for most civil lawsuits, and hernia mesh lawsuits are no exception. Allegations against the manufacturers and distributors of defective hernia mesh products include:
- Defective design: In many hernia mesh lawsuits, plaintiffs do not allege that the doctor implanted the device improperly. Instead, plaintiffs believe that the hernia mesh was designed in a way that caused them harm. In such cases, liability generally falls upon the manufacturer of the defective product.
- Inadequate product testing: When a defective product reaches consumers and causes harm, one must ask why the product was sold in a defective manner. Failure to adequately test the product before distribution could be an explanation.
- Failure to warn: If manufacturers knew of defects in a hernia mesh product or should have known about defects, they should have issued warnings to those considering getting a hernia mesh. Manufacturers who failed to issue such warnings could be liable for unreported side effects.
Negligence happens when someone—hernia mesh manufacturers, in this case—don’t act reasonably. Putting hernia mesh recipients at risk of serious health problems without fair warning qualifies as negligence.
Status of Hernia Mesh Lawsuits
Attorneys have filed more than 20,000 lawsuits related to hernia mesh defects. There are several defendants involved in hernia mesh lawsuits (both finalized and ongoing), including:
- Bard Davol
- W.L. Gore and Associates
These hernia mesh manufacturers have produced a wide variety of specific mesh products. Many of those products are the focus of lawsuits.
Some of the latest updates on specific hernia mesh lawsuits are:
To make matters clear, C.R. Bard is a medical technology developer owned by Becton Dickinson. After the purchase, C.R. Bard was rebranded as Bard Medical, and Davol, Inc. is a subsidiary of Bard Medical. Both companies find themselves entrenched in more than 16,000 total lawsuits, with relevant updates including:
- June 2022: Antonio Milanesi, the plaintiff in a lawsuit that could have implications for other class action lawsuits, has contested C.R. Bard’s requests for a judgment as a matter of law (JOML). A JOML constitutes a claim by the defendant that the plaintiff’s case is too weak to support a case.
- May 2022: Another important case against C.R. Bard/Davol, Stinson v. Davol, Inc. et al., remains primed for trial. Because it is a “bellwether” case (like the Milanesi case), the outcome of the Stinson trial could have great implications for other hernia mesh victims.
- May 2022: Antonio Milanesi received a favorable verdict of $255,000, but his attorneys were not satisfied. Milanesi’s lawyers continue to seek a new trial, while C.R. Bard/Davol work actively to avoid having to pay a greater verdict.
Personal injury attorneys are keeping a keen eye on these and other bellwether cases involving C.R. Bard (aka Bard Medical) and its subsidiary Davol. Inc. The outcome of these cases could pave the way for widespread payments to victims of defective hernia meshes Bard and Davol produced.
Atrium is a subsidiary of Swedish medical tech company Maquet and has faced lawsuits primarily related to its ProLite and C-Qur hernia mesh devices. Some updates on these cases include:
- November 2021: Atrium and its parent company Maquet agreed to settle a case involving its C-Qur hernia mesh device. This outcome may indicate that the companies did not like their chances at trial and could be foretelling other pending lawsuits involving Atrium and Maquet.
- October 2021: A jury in Illinois granted Atrium a favorable verdict in a lawsuit related to its ProLite hernia mesh product. Keep in mind that this is only one case and does not mean that other lawsuits involving the ProLite hernia mesh product will be unsuccessful.
Those suing Maquet and Atrium make allegations similar to other hernia mesh victims—a defective, dangerous product caused various health problems. If Atrium produced a hernia mesh device that caused you or a loved one harm, you may qualify for pending litigation against these defendants.
Medical technology company Medtronic acquired Covidien in 2014, and so many civil lawsuits name both entities as defendants. Relevant updates include:
- February 2022: A court declined to consolidate several lawsuits against Covidien and Medtronic into a multi-district litigation (MDL). The court ruled that, at this time, there were not enough plaintiffs to create a single MDL. This ruling is subject to change as more plaintiffs come forward.
- January 2021: One hundred twenty-six lawsuits were pending in Massachusetts courts against Covidien and Medtronic. It is likely that more civil lawsuits against Covidien and Medtronic will arise as more plaintiffs become aware of the harm that hernia meshes have caused.
There are more relevant updates emerging each month. If you have questions about pursuing legal action against C.R. Bard/Davol, Covidien/Medtronic, Atrium/Maquet, or other hernia mesh manufacturers, including Ethicon and W.L. Gore and Associates, speak with a personal injury lawyer.
Attorneys remain attentive to all relevant hernia mesh lawsuit updates. The surest way to find out the latest on any given litigation or learn about joining a lawsuit is to speak with a lawyer.
Hernia Mesh Settlements and Amounts
There have been hernia mesh settlements. While many of the cases remain in litigation, relevant hernia mesh verdicts and settlements include:
- A $184 million settlement paid by Bard Davol in 2011 related to 2,600 lawsuits.
- A $66 million settlement paid by Atrium to settle more than 3,000 claims regarding its C-Qur hernia mesh device
These verdicts are important, but they may only be the start of payouts to those harmed by defective hernia mesh devices.
What Is the Average Payout for a Hernia Mesh Lawsuit?
There have not been enough settlements to say with any certainty what the average payout is, or should be, for hernia mesh victims. One lawsuit does provide an example of the per-claim payout that a victim like you may receive.
The $184 million settlement that Bard Davol paid in 2011 settled 3,000 claims. This amounted to about $70,000 paid per claim. Not every plaintiff in a class action lawsuit receives the same amount of compensation, though. Certain plaintiffs in the Bard Davol lawsuit may have received significantly more than $70,000—this is one reason why average settlement amounts are a limited statistic.
Consulting an attorney may be the surest way to determine the value of a potential settlement or judgment. They will evaluate your damages, helping you understand exactly what liable manufacturers may owe you.
What Are Recoverable Damages in a Hernia Mesh Lawsuit?
Each story of a hernia mesh recipient harmed by a defective product is completely unique. The losses you’ve experienced are not entirely the same as another plaintiff’s, but there may be significant overlap.
Victims of defective hernia mesh devices may suffer:
Economic losses generally have a clear financial cost. Some economic damages that you may experience because of a hernia mesh device are:
- Lost income: If complications from a hernia mesh device prevent you from working, the manufacturer may be liable for your lost income and other professional damages.
- Healthcare costs: Recoverable medical costs may include the cost of implanting the defective hernia mesh device, the cost of removing the device, and all treatment for hernia mesh-related health problems.
- Rehabilitation costs: Serious infections and other health issues caused by a defective hernia mesh device can require rehabilitation. You may get coverage for therapy, medical devices, and other healthcare costs related to your rehab.
An attorney will work closely with you to identify any other economic damages you’ve suffered.
Non-economic losses are common in hernia mesh lawsuits, and pain and suffering is the most prominent type. Pain and suffering may include:
- Lost quality of life
- Emotional anguish
- Psychological distress
- Conditions like depression, anxiety, and post-traumatic stress disorder (PTSD)
- Loss of physical abilities and the activities they allow—working out and intimacy are two important ones
- Loss of cognitive abilities
- Changes in personality
- Loss of value to a household
The damage caused by defective hernia mesh devices spreads far and wide, but your attorney will quantify and identify all of your losses and then seek fair compensation.
A jury may assess punitive damages against a liable hernia mesh manufacturer in your case. These damages are not meant to compensate victims but instead to punish defendants. Such damages will have no effect on the value of your settlement.
How Long Does a Hernia Mesh Lawsuit Take to Settle?
As pending cases show, hernia mesh lawsuits do not settle overnight. The legal process takes time, especially when there are millions of dollars at stake. Your attorney will work hard to settle your case or secure a judgment as efficiently as possible.
Once bellwether cases continue to end with settlements and judgments, other hernia mesh lawsuits may soon follow. These bellwether cases often set the bar for how much compensation victims deserve and may open the floodgates for subsequent lawsuits.
How a Hernia Mesh Lawsuit Attorney Will Help You
A hernia mesh attorney can assist you by:
- Working with your doctors to determine the nature of your injuries
- Determining the nature and cost of your damages
- Determining which hernia mesh manufacturer owes you compensation
- Enrolling you in a class action lawsuit or filing an individual case on your behalf
- Drafting and filing all paperwork related to your case
- Hiring experts to testify on your case’s behalf
- Corralling witnesses to provide testimony
- Negotiating with the liable hernia mesh manufacturer
- Taking your case to trial, if necessary
Each lawsuit follows its own course. The same defendant may respond differently to one lawsuit—settling, perhaps—than it responds to another. An attorney will handle your case from start to finish, regardless of which challenges arise in the process.
By relying on an attorney, you’ll have the necessary time for recovery. You will also avoid the stress that comes from handling a lawsuit. Let an attorney seek justice for you or your loved one.
Fill Out the Contact Form to Start Your Hernia Mesh Case Today
Enrollment in hernia mesh-related lawsuits may be time-sensitive. It is not wise to wait to enroll, as you may find that the deadline has passed if you wait too long. It is easy to get the legal help you deserve—simply fill out this contact form to start the process.
Hernia mesh manufacturers did not do their due diligence and put countless victims at risk of serious health problems. You may deserve compensation if you are one of those victims. Get help today.