Hernia Mesh Class Action Lawsuit - Guardian Legal Network

Hernia Mesh Lawsuit

Patients who received a hernia mesh implant and experienced health issues are filing lawsuits against the devices’ manufacturers. The lawsuits claim that the device is defective and that manufacturers did not adequately warn doctors and patients of the dangerous side effects.

If you or a family member have suffered severe injuries due to a hernia mesh implant, you should immediately seek counsel from an experienced attorney to discuss your legal options. To find a qualified hernia mesh lawyer who can help you file a lawsuit, contact Guardian Legal Network.

Symptoms of Hernia Mesh Failure

Patients report that the product used for their surgeries has caused significant health issues such as:

Adhesions
Infection
Chronic pain
Bowel obstruction
Bowel perforation
Hernia recurrence
Mesh rejection
Mesh migration

In some cases, patients have required additional hernia revision surgery in an attempt to correct the problem.

If you or a family member have experienced symptoms like these after having surgery to implant a hernia mesh product, you should immediately seek counsel from an experienced injury attorney to discuss your legal options.

Which Companies are Being Sued?

Hernia mesh implants have been the subject of significant legal action due to complications experienced by patients. These lawsuits allege that the hernia mesh products are defective and have caused severe health issues. Two major companies involved are Bard (Davol, Becton Dickinson) and Covidien (Medtronic, Tyco & U.S. Surgical). Here’s an overview of the latest developments in these lawsuits.

Bard (Davol, Becton Dickinson)

Bard, through its subsidiaries Davol and Becton Dickinson, faces numerous lawsuits related to its hernia mesh products, such as the Ventralex, PerFix Plug, and Composix meshes. Plaintiffs claim these devices can cause serious complications, including infection, bowel obstruction, mesh migration, and organ perforation.

Recent Developments

The lawsuits against Bard have been consolidated into a multidistrict litigation (MDL) in the Southern District of Ohio, overseen by Judge Edmund A. Sargus Jr. The third bellwether trial, involving plaintiff Aaron Stinson, concluded in November 2023 with a $500,000 verdict in favor of the plaintiff. This case highlighted Bard’s failure to adequately warn about the risks associated with its hernia mesh products.

Settlements and Verdicts

Bard has seen mixed outcomes in jury verdicts. In August 2022, a Rhode Island jury awarded $4.8 million to a plaintiff due to severe complications from the Ventralight ST mesh. The Stinson verdict continues to build pressure on Bard for potential settlements. As of November 2023, the MDL has added around 400 new cases, bringing the total to approximately 20,768 plaintiffs.

Ongoing Litigation

Bard continues to face numerous pending lawsuits. The ongoing litigation underscores the widespread impact and continued legal challenges faced by Bard. The outcomes of these trials are crucial as they set precedents and influence settlement negotiations.

Covidien (Medtronic, Tyco & U.S. Surgical)

Covidien, a subsidiary of Medtronic, is also embroiled in hernia mesh lawsuits. Plaintiffs allege that Covidien’s products, including the Parietex mesh, are defective and cause severe complications such as chronic pain, infection, adhesion, mesh erosion, and the need for additional surgeries.

Recent Developments

In June 2022, the Judicial Panel on Multidistrict Litigation (JPML) centralized the Covidien hernia mesh lawsuits in the District of Massachusetts under Judge Patti B. Saris. This decision was made due to the significant increase in the number of cases, which now justifies consolidation for coordinated discovery and pretrial proceedings. Bellwether trials are expected to begin in early 2025.

Settlements and Verdicts

Unlike Bard, Covidien has not yet seen any trials or settlements. However, the centralization of cases into an MDL is a significant step towards managing the growing litigation. The MDL aims to handle pretrial motions and bellwether trials, which will help gauge the potential outcomes and encourage settlements.

Ongoing Litigation

The litigation against Covidien is expected to continue for several years, with many cases being prepared for trial. The outcomes of these bellwether trials will be critical in shaping future settlement discussions and litigation strategies.

Filing a Hernia Mesh Lawsuit

Manufacturers have a responsibility to the public to design safe medical devices. When evidence surfaces that a company has sold defective hernia mesh devices, the company should issue a recall. By this time, however, thousands of victims may already be adversely affected by the defective medical device. Serious complications may have already caused the victims to lose time from work and to spend massive amounts of money on medical bills.

Some of the claims against the above-mentioned companies allege that the manufacturers:

Did not warn doctors and patients of dangerous side effects linked to their medical device
Sold a medical device that does perform as intended by the company
Sold a medical device that was the direct reason revision surgery became necessary
Designed an unsafe and defective medical device

Do You Have a Potential Hernia Mesh Lawsuit?

Patients who answer yes to the following questions may qualify for a hernia mesh lawsuit and compensation for the pain and suffering they have endured.

Did you have hernia surgery on or after January 1, 2008?
Following the surgery, did you experience bowel obstruction, hernia recurrence, seroma, or other side effects linked to a recalled or defective hernia mesh product?

If you had a defective hernia mesh used in your surgery, contact a medical professional for medical advice right away. Next, you should reach out to an experienced hernia mesh lawyer to discuss taking legal action.

Contact Guardian Legal Network to find a hernia mesh lawyer who can help you file a claim for the financial compensation you deserve.

References

Bloomberg Law. “Bard Gets Some Claims Dismissed in Fourth Hernia-Mesh Test Case“, U.S. Department of Health and Human Services, https://news.bloomberglaw.com/litigation/bard-gets-some-claims-dismissed-in-fourth-hernia-mesh-test-case Accessed July 29, 2024.
WebMD. “What Is a Bowel Obstruction?“, WebMD, https://www.webmd.com/digestive-disorders/what-is-bowel-obstruction#1. Accessed Accessed July 29, 2024.
Medline Plus. “Adhesions“, U.S. National Library of Medicine, https://medlineplus.gov/adhesions.html. Accessed July 29, 2024.
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS, MDL Order No. 1, https://www.mad.uscourts.gov/caseinfo/pdf/mdl/3029/MDL%20ORDER%20NO.%201.pdf. Accessed July 29, 2024.