Hernia Mesh Lawsuit Settlement Amounts: Your 2024 Guide
Imagine you’re going about your day, only to be halted by a sudden, sharp pain in your abdomen. You learn it’s a hernia—a common yet troubling issue. Then enters hernia mesh, hailed as a modern medical breakthrough. For many, it’s a lifeline, offering relief and a return to normal life. However, like any innovation, there are drawbacks. Some face unexpected challenges—complications from these very implants. Welcome to our guide at Ethen Ostroff Law, where we navigate you through the complexities of hernia mesh. We shed light on the truth about hernias, the successes of mesh technology, and the stark reality of its limitations. As we delve into lawsuits, including the specifics of hernia mesh lawsuit settlement amounts, we illuminate how we can support you through the twists and turns of legal proceedings.
How Hernia Mesh Works
For years, hernia mesh has been a lifesaver in surgeries. These meshes support damaged tissue and speed up healing. Made from synthetic or biological materials, the implants act like patches or plugs, helping new tissue grow. During surgery, doctors carefully move the protruding organ, usually the intestine, back into place and repair the muscle wall. They then place a mesh, like a tiny net, to strengthen the muscle. This mesh encourages new tissue growth and, over time, integrates with the muscle for lasting support.
Types of Hernia Mesh
Hernia mesh comes in two types:
- Synthetic meshes: These meshes are the widely used type. They’re made from polypropylene or polytetrafluoroethylene. These devices support tissue growth to prevent hernia recurrence.
- Biologic meshes: Derived from living tissue, they’re softer than synthetics. Though less prone to infections, biologic meshes can be more expensive and less durable, often reserved for complex cases or when synthetic mesh isn’t ideal.
Leading Hernia Mesh Manufacturers
Having a reliable and high-quality mesh is crucial to a successful hernia repair. Some top manufacturers offer a range of options to suit different surgical needs. Here are the leading companies and their popular products:
- Atrium Medical Corporation (Maquet Cardiovascular, Getinge Group)
C-QUR Edge Mesh V-Patch
C-QUR Lite Mesh V-Patch
C-QUR Mesh
C-QUR Mosaic
C-QUR OVT Mesh
C-QUR RPM Mesh
C-QUR Tacshield
C-QUR V-Patch
- C.R. Bard, Inc. (Davol, Inc.)
3DMax Light Mesh
3DMax Mesh
Bard (Marlex) Mesh Dart
Bard Mesh
Bard Soft Mesh
Composix
Composix E/X
Composix Kugel Hernia Patch
Composix L/P
Kugel Hernia Patch
Marlex
Modified Kugel Hernia Patch
Perfix Light Plug
PerFix Plug
Sepramesh IP Composite Mesh
Sperma-Tex
Ventralex Hernia Patch
Ventralex ST Patch
Ventralight ST
Ventrio Patch
Ventrio ST
Visilex
- Covidien Ltd. (Medtronic, Inc.)
Dextile Anatomical Mesh
Parietene DS Mesh
Parietene Polypropylene Mesh
Parietene Progrip Mesh
Parietex Composite Mesh
Parietex Composite Mono PM Mesh
Parietex Composite PCO-OS or PCO-OB Mesh
Parietex Composite Ventral Patch
Parietex Hydrophilic 2D Mesh
Parietex Hydrophilic 3D Mesh
Parietex Hydrophilic Anatomical Mesh
Parietex Monofilament Polyester Mesh
Parietex Optimized Composite Mesh
Parietex Plug & Patch
Parietex ProGrip Mesh
Parietex Surgical Mesh
ProGrip Laparoscopic
SurgiPro
SurgiPro Plug & Patch
Symbotex Composite Mesh
- Ethicon, Inc. (Johnson & Johnson)
Physiomesh Flexible Composite Mesh (market withdrawal)
Proceed Surgical Mesh
Prolene Hernia System
Hernia Mesh Design Flaws
Hernia mesh implants need to be made from inert materials to avoid triggering an immune response and must stay in place after surgery. Early mesh products were absorbable, made from animal byproducts that safely dissolved in the body but didn’t offer permanent support. In the early 2000s, manufacturers introduced permanent mesh devices made from plastic with an inert coating to be biocompatible. Unfortunately, many had design flaws causing severe issues for patients, often requiring additional surgery. These permanent meshes often weren’t as inert as intended, leading to immune system attacks, inflammation, and complications. The coatings also degraded too quickly, causing the mesh to attach improperly to internal organs or tissue.
Problems with Hernia Mesh Devices
Hernia mesh devices have faced several issues, including:
- Coatings that cause adverse reactions and infections.
- Excessive foreign body reactions and mesh rejection.
- Excessive mesh and tissue contraction.
- Migration, shrinkage, or hardening of the mesh.
Complications and Injuries from Defective Hernia Mesh
Using hernia mesh can lead to complications, including:
- Abdominal pain is accompanied by nausea and nerve damage.
- Adhesion, where the mesh sticks to internal tissues.
- Bowel obstruction, where the mesh migrates to the tissue.
- Cancer develops from infected mesh.
- Chronic pain throughout the bodily connective tissues and joints.
- Groin and testicular pain that leads to testicle removal.
- Injections that occur more than 30 days after the implant surgery.
- Other complications, such as dental issues, liver problems, renal failure, rash, neurological changes, painful sex, and more.
- Recurrence of the hernia following mesh surgery.
- Seromas, where fluid collects under the surface of the skin.
If serious complications arise, extra surgeries may be needed to address the problems caused by the hernia mesh. Sometimes, removing the mesh isn’t possible due to scar tissue, which can prolong suffering.
Warning Signs of Hernia Mesh Issues
Seek medical help right away if you suspect a hernia mesh complication and notice any of these symptoms:
- Bladder injection or perforation.
- Bowel and nerve trauma.
- Difficulty passing stools or wind.
- Infection, bleeding, or hematoma.
- Mesh erosion or protrusion.
- Sudden, severe pain.
- The hernia becomes firm or tender.
- The hernia can’t be pushed back in.
- Vomiting.
Hernia Mesh Recall
Reports of adverse events from healthcare professionals to the U.S. Food and Drug Administration increased. This prompts the agency to issue safety warnings and demand product recalls. Some notable hernia mesh devices that have been recalled include:
Atrium:
Atrium C-QUR Edge
Atrium C-QUR Mesh
Atrium C-QUR TacShield
Atrium C-QUR V-Patch
Atrium ProLite
C.R. Bard:
Bard Composix Kugel Hernia Patch
Bard Ventralight ST Mesh with Echo PS
Bard Composix L/P Mesh with Echo PS.
Bard Ventralight ST Mesh
Bard 3D Max Mesh
Bard Soft Mesh
Bard Ventralex Hernia Patch
Bard Ventrio Small Oval Hernia Patch
Bard Perfix Light Plug
Bard PerFix Plug
Bard Sepramesh IP Composite Mesh
Bard Sperma-Tex
Bard Ventralight Composer Mesh with Echo
Ethicon:
Ethicon Physiomesh Flexible Composite Mesh
Ethicon Proceed Surgical Mesh
Ethicon Physiomesh Flexible Composite Mesh
For a comprehensive list of recalled hernia mesh devices, use the FDA medical device recalls database.
Verifying Hernia Mesh Recall Status
To confirm whether your hernia mesh device has been recalled, take these steps:
- Consider consulting a hernia mesh injury lawyer if you experience complications from a recalled device. They can explain your legal options and assess your eligibility for compensation.
- Meet with your surgeon and obtain records of your surgery, including details about the hernia mesh used.
- Reach out to the manufacturer for recall information. Find their contact details on the packaging or their website.
- Visit the FDA’s recall database. Search for your hernia mesh device by name, manufacturer, or lot number.
- Visit websites like Shouselaw.com and Drugwatch.com for updated lists of recalled hernia mesh devices.
Stay informed about any recalls affecting your hernia mesh device and take appropriate action if needed.
Hernia Mesh Lawsuits
Hernia mesh lawsuits involve individuals who’ve experienced issues with their implants, with over 26,000 cases currently awaiting resolution in federal courts.
Key claims include:
- Defective product design.
- Defective product manufacturing.
- Failing to warn patients and doctors about the risk of mesh failure and complications.
- Improper product labeling.
- Malpractice by the plaintiff’s doctor who implanted the faulty mesh.
The companies facing these lawsuits include:
- Atrium
- C.R. Bard
- Covidien
- Ethicon
Multidistrict Litigations for Hernia Mesh Lawsuits
Various hernia mesh lawsuits across the U.S. have been consolidated into four multidistrict litigations (MDLs) for streamlined legal proceedings:
- MDL No. 2753, In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation: Over 2,400 cases against Atrium’s C-Qur hernia mesh are pending in the U.S. District Court for the District of New Hampshire.
- MDL No. 2782, IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation: This MDL, presided over by Honorable Richard W. Story in the U.S. District Court Northern District of Georgia, addressed Ethicon’s Physiomesh Flexible Composite products. While the litigation has been settled, the settlement details remain undisclosed.
- MDL No. 2846, IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation: Involving Davol/C.R. Bard, this MDL focuses on polypropylene hernia mesh products. Chief Judge Edmund A. Sargus, Jr. and Magistrate Judge Kimberly A. Jolson oversee the litigation in the Southern District of Ohio, Columbus Division.
- MDL No. 3029, IN RE: Covidien Hernia Mesh Products Liability Litigation No. II: This MDL concerns Covidien’s hernia mesh products and is pending in the U.S. District Court for the District of Massachusetts under Judge Patti Saris.
Hernia Mesh Lawsuit Updates in 2024
- June 19, 2024: A recent study published in a leading medical journal suggests a higher hernia recurrence rate in patients opting for robotic repair surgeries compared to traditional methods.
- June 3, 2024: The Bard Hernia Mesh class action MDL continues to expand rapidly, with 640 new cases added in May, totaling 22,896 pending cases.
- May 30, 2024: Lawsuits against Bard hernia mesh persist, with a new case filed by a Puerto Rico resident alleging defects in their Ventralex ST Patch implanted in 2020.
- May 16, 2024: The anticipation of a potential settlement in Bard cases has fueled a surge in new lawsuits, prompting some law firms to settle their existing inventory of Bard hernia mesh lawsuits.
- May 1, 2024: The influx of new cases in the Bard hernia mesh class action MDL remains high, with 583 new cases in April, totaling 22,256 pending cases.
- April 1, 2024: A significant increase of 411 new cases in the Bard hernia mesh class action MDL was recorded over the past month, reaching a total of 21,673 pending cases.
- March 27, 2024: Mediation efforts are ongoing in the Bard hernia mesh MDL, though settlement expectations may not meet victims’ compensation needs.
- March 1, 2024: The Bard hernia mesh class action MDL now comprises 21,262 total cases, making global settlement negotiations challenging.
- February 20, 2024: Judge Sargus schedules a mediation session for the polypropylene hernia mesh litigation, aiming for resolution by June 24, 2024.
- February 6, 2024: The MDL judge cancels the upcoming trial and emphasizes settlement as the preferred resolution for Bard hernia mesh cases.
- February 1, 2023: Nearly 100 new cases were added to the C.R. Bard hernia mesh class action in January, totaling 21,169 pending cases.
- January 15, 2024: The hernia mesh class action MDL against C.R. Bard encompasses 20,973 total cases, marking the largest MDL in this litigation.
- January 1, 2024: The Bard hernia mesh class action MDL records 20,972 total pending cases, signaling a continual increase since October.
Eligibility for Hernia Mesh Lawsuit
You may qualify to take legal action in a hernia mesh case if:
- You suffered severe side effects or complications.
- You required additional surgery for your hernia mesh repair.
- You lost a loved one due to complications from the hernia mesh.
- You can provide medical documentation, documentation of damages/losses, etc. to demonstrate serious side effects.
- Your implant was made by these manufacturers:
Atrium
C.R. Bard
Covidien
Ethicon
Immediate Steps for Defective Hernia Mesh Issues
Experiencing complications from defective hernia mesh? Legal action can get you compensation. Here’s what to do:
- See a doctor immediately if you suspect complications from your hernia mesh.
- Document all medical treatments, symptoms, and their impact on your life. This is crucial for both your health and legal case.
- Speak with a hernia mesh lawsuit lawyer to understand your rights and the legal process.
- File a lawsuit against the mesh manufacturer if advised by your lawyer.
- Be cooperative and stay engaged throughout the legal process to help build a strong case.
Hernia Mesh Statute of Limitations
The time limit to file a hernia mesh lawsuit differs by state and hinges on when you became aware of complications from the implant. Contact Ethen Ostroff Law today to explore your eligibility to file a claim within your state’s limitations.
Evidence Needed to File a Hernia Mesh Lawsuit
To file a successful hernia mesh lawsuit, solid evidence is crucial. It builds a strong legal case and supports compensation claims. Here’s what you’ll need:
- Documentation of damages: Keep records of medical expenses, lost wages, emotional distress, or pain and suffering.
- Expert testimony: Seek medical experts to explain the design defects and how they caused your injuries. Also, consider experts on manufacturing processes.
- FDA reports and recalls: Check for any FDA reports or recalls related to the hernia mesh product.
- Medical records: Gather surgery reports, test results, doctor’s notes, and hospital records detailing your treatment.
- Product design and manufacturing documents: Collect specifications, manufacturing processes, and quality control documents.
- Product failure reports: Look for reports of similar complications from other patients and regulatory agencies.
- Product information: Include product labels, packaging details, and any marketing materials related to the hernia mesh.
- Witness statements: Testimonies from the patient, family members, and healthcare providers.
- Other relevant documents: Insurance, employment, and financial records can also support your case.
Potential Compensation
If your hernia mesh lawsuit succeeds, you may receive:
- Compensation for income lost due to disability.
- Compensation for mental and emotional suffering.
- Compensation for reduced enjoyment of life.
- Coverage for expenses like travel to medical appointments.
- Damages for the pain you’ve endured.
- Reimbursement for medical expenses.
Recent Hernia Mesh Lawsuit Settlements
The Ethicon hernia mesh MDL has reached a global settlement. The other major MDLs — including Bard, Atrium, and Covidien — are still active with no recent large-scale settlements. The Bard MDL is the largest, with over 22,000 cases pending as of mid-2024.
Factors Influencing Hernia Mesh Settlement Amounts
Hernia mesh settlement amounts are influenced by a variety of factors in each claim, including:
- Cost of past and future medical bills.
- Number of corrective surgeries required.
- Physical and emotional suffering.
- Severity of the injury.
- Wages lost due to related health complications.
Payouts are typically higher for victims who suffered more severe injuries.
Engage the Services of Ethen Ostroff Law
Facing issues from a hernia mesh implant? Ethen Ostroff Law can help. Our attorneys work on a contingency-fee-basis, meaning no upfront or hourly fees. You will only pay if we secure compensation for you. Schedule a free consultation now.
