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2024 Update: Hernia Mesh Patch Lawsuit & Compensation Info

Ethicon Physiomesh hernia patch withdrawn globally in May 2016 after being linked to high failure rates and the frequent need for revision surgery. Other complications of Physiomesh include pain, infections, hernia recurrence, adhesions and perforations.
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Free Confidential C.R. Bard Hernia Mesh Lawsuit Evaluation: If you or a loved one had serious complications after receiving C.R. Bard hernia mesh products, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against Becton Dickinson and a hernia mesh lawyer can help.

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C.R. Bard Bellwether Trial Update

On November 13, 2023, Reuters reported that the upcoming fourth bellwether trial involving C.R. Bard and Becton Dickinson, scheduled for next month in Rhode Island state court, will focus on plaintiff Jacob Bryan. Bryan initiated a hernia mesh lawsuit in 2018 following complications from a Bard hernia mesh implant [1].

More than 16,000 cases have been consolidated before Chief U.S. District Judge Edmund Sargus in Columbus, in the third-largest pending MDL nationwide, according to Reuters. Plaintiffs claim that the mesh products caused infections, pain, inflammation and other problems.

According to the hernia mesh lawsuit, Bryan has experienced ongoing medical care needs and potentially requires revision surgery due to complications such as hernia mesh deformation and persistent pain.

Bryan’s complaint echoes similar claims seen in other MDL cases involving Bard hernia mesh. He asserts that C.R. Bard and Becton Dickinson neglected to provide sufficient warnings to both the public and medical professionals regarding the risks associated with their hernia mesh products.

This includes allegations of failing to disclose known risks and minimizing the severity and likelihood of adverse effects. The lawsuit also questions the design and production of the hernia mesh, suggesting these issues may have contributed to the complications experienced by patients.

Key Witnesses and Testimonies

In recent C.R. Bard hernia mesh lawsuits, the role of expert witnesses has been pivotal in shaping the outcome. One such key witness is Dr. Grischkan, a board-certified general surgeon specializing in abdominal wall and inguinal hernia repairs. His expertise and insights into the complications and risks associated with C.R. Bard hernia mesh products have been invaluable.

In the notable Stinson Bellwether trial [2], Dr. Grischkan’s testimony shed light on the potential dangers and shortcomings of certain hernia mesh products, emphasizing the need for Becton Dickinson and other manufacturers to be more transparent and accountable.

His contributions underscore the importance of expert testimonies in such lawsuits, helping jurors understand the complexities of medical devices and their potential impact on patients’ lives.

Specific Cases and Allegations

According to Bloomberg, the Stinson Bellwether trial stands out as a landmark case in the realm of C.R. Bard’s hernia mesh lawsuits [3]. The plaintiff argued that Bard, the manufacturer, was well aware of the risks associated with its PerFix Plug device but failed to provide adequate warnings to medical professionals and patients.

Following a trial that began in mid-October in the U.S. District Court for the Southern District of Ohio, the federal jury returned a $500,000 compensatory damages verdict in Stinson’s favor, according to Bloomberg Law. The jurors found Bard liable for failure to warn, strict liability, and negligence.

Furthermore, the bellwether trial highlighted a design defect claim, suggesting that the PerFix Plug deteriorates after implantation, leading to prolonged inflammatory reactions in patients.

Such allegations raise serious concerns about the due diligence performed by manufacturers before introducing medical devices to the market and emphasize the need for rigorous testing and transparent communication.

FDA’s Role and Guidance

The Food and Drug Administration (FDA) plays a crucial role in ensuring the safety and efficacy of medical devices In light of the rising concerns about C.R. Bard hernia mesh products, the FDA has taken proactive steps to guide both patients and medical professionals.

They have released comprehensive guides detailing the benefits and risks associated with surgical mesh for hernia treatment. Such initiatives by the FDA aim to empower patients with knowledge, allowing them to make informed decisions about their health.

Based on the FDA’s analysis of medical device adverse event reports and of peer-reviewed, scientific literature, the most common adverse events for all surgical repair of hernias—with or without mesh—are pain, infection, hernia recurrence, scar-like tissue that sticks tissues together (adhesion), blockage of the large or small intestine (obstruction), bleeding, abnormal connection between organs, vessels, or intestines (fistula), fluid build-up at the surgical site (seroma), and a hole in neighboring tissues or organs (perforation), the FDA said

According to a 2023 study by the FDA, the importance of regulatory bodies in safeguarding public health and ensuring that manufacturers adhere to the highest standards of safety [4].

Hernia Mesh Statistics

The FDA has performed a literature review of barrier-coated and hybrid mesh patches to assess the complication rates associated with these devices [5]. At least 45 full-text articles published over the course of 11 years were found to provide sufficient detail for further review.

These articles described results from 9 randomized controlled trials (RCTs), 7 prospective cohorts, 20 retrospective cohorts, and 9 case reports and series. The search terms included types of hernia meshes and types of hernias (ventral incisional umbilical, inguinal).

The complications that were analyzed in these articles included hernia recurrence, reoperation for recurrence, reoperation for mesh-related complications, surgical site infections, mesh infections, chronic pain, bowel adhesions, bowel obstruction, bowel fistula, hematoma, seroma, abscess, organ space infection, wound dehiscence/fascial disruption (separation and opening of a deep surgical wound), and death.

Estimates of the incidence of the most common complications associated with barrier-coated and hybrid mesh reported in the literature are summarized below:

  • Incidence of hernia recurrence ranged from 0-11.1%
  • Incidence of hematoma ranged from 0.5% to 2.3%.
  • Incidence of seroma ranged from 0-52.5%
  • For mesh bowel adhesion, the incidence reported varies but does not exceed 3.2%.
  • For bowel obstruction, the incidence reported does not exceed 3.8%; however, it is not possible to determine whether bowel obstruction was related to the mesh or the procedure.
  • For fistula formation, the incidence of fistula formation reported was estimated at less than 1%.
  • For abdominal organ space infection, the incidence reported varies between 0.22%-1.1%.
  • The incidence of surgical site infections ranged from 0-21%.
  • The incidence of mesh infection ranged from 0-1.4%
  • The definition of chronic pain in the studies varied, which resulted in a wide range of incidence (0.3-68%). However, the incidence resulting in a significant impact on quality of life does not exceed 3.8%.

Hernia Mesh Settlement Talks and Speculations

According to this Consumer Notice research from 2024, the legal community is abuzz with speculations regarding potential C.R. Bard hernia mesh settlements. As more cases approach bellwether trials, there’s growing anticipation of a global hernia mesh settlement for all remaining cases [6].

Such settlements would provide relief to plaintiffs, ensuring they receive compensation for their sufferings without prolonged legal battles.

However, the exact nature and amount of these settlements remain a topic of speculation. It’s essential for affected individuals to stay updated on these developments and consult with legal professionals to understand their rights and potential outcomes.

Class Action Lawsuit Accuses C.R. Bard Hernia Mesh for Surgical Complications

A man from Pennsylvania has filed a hernia mesh MDL against Bard over claims that one of the company’s mesh patches was defective and failed shortly after implantation, causing adverse health complications.

Plaintiff claims defects in the manufacture of Bard Composix Hernia Mesh Lawsuit, and that the company failed to perform adequate clinical trials on Composix surgical mesh implants before market approval.

What Do Hernia Mesh Lawsuits Claim?

Mesh on white background Ethicon Physiomesh Flexible Composite Surgical Mesh entered the U.S. market in 2010 via the FDA’s 510(k) approval process, which clears products that are “substantially equivalent” to products that are already on the market.

Several different types of Physiomesh were introduced to repair hernias and other fascial deficiencies.

However, it now appears that the products were defectively designed and/or manufactured, posing an unreasonable risk of severe complications, according to the lawsuits.

What Injuries Can Lead to a Hernia Mesh Lawsuit?

In an Urgent Ethicon Field Notice issued on May 25, 2016 [7], Ethicon warned operating room supervisors, materials management personnel, and surgeons not to use Ethicon Physiomesh products after they were linked to high rates of the following complications:

  • Man having abdominal painBowel obstruction
  • Abdominal wall pain
  • Infection
  • Adhesions
  • Perforations
  • Mesh erosion or failure
  • Kugel hernia mesh patch removal
  • Pain in the upper thigh

Atrium C-QUR Hernia Mesh Patch Recall

Gavel and stethoscope law and health concept In June 2013, According to the FDA, Atrium Medical Corp. issued a surgical mesh patch recall for its C-QUR Edge hernia patch after it was found that coating on the defective hernia mesh devices could adhere to the inner packaging sleeve because of high humidity [8].

The C-QUR Hernia Patch is coated in fish oil (Omega-3), which is advertised as an “anti-adhesion barrier” to prevent scar tissue that sticking abdominal wall organs together abnormally during the healing process.

However, hernia mesh lawsuits claim that the patch causes inflammation, infections, and mesh removal.

Related: Atrium C-QUR Hernia Mesh Patch Lawsuit

Gore Medical Hernia Mesh

In addition to Physiomesh and the Atrium C-QUR hernia mesh products, our hernia mesh lawyers are filing a class action lawsuit for people who were injured by mesh products made by Gore Medical [9].

Hernia Mesh on plain background These include:

  • Gore-Tex Soft Tissue Patch
  • Gore Bio-A Hernia Plug
  • Gore Dualmesh Biomaterial
  • Gore Dualmesh Plus Material
  • Gore Synecor Intraperitoneal Biomaterial
  • Gore Synecor Preperitoneal Biomaterial
  • Kugel Mesh

Hernia Recurrence After Surgery

Doctors in the middle of a surgery According to this 2017 study by the National Center for Biotechnology and Information, many cases of Kugel hernia mesh recurrence after revision surgery occur due to mesh retraction or contraction, which exposes the previous defect [10].

Retractions can also cause ripping of the mesh medical devices at transracial suture sites, resulting in defects within the mesh.

Primary failure, infection, loss of domain, and failed C.R. Bard hernia mesh devices have also been noted in patients who suffered a recurrence of ventral hernias.

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Oregon Woman Sues J&J, Alleges Corrective Surgeries from Physiomesh

Injury form and gavel on table An Oregon woman who claims she developed severe C.R. Bard hernia mesh injuries which required multiple corrective surgeries after receiving Physiomesh has filed a class action lawsuit against J&J.

The complaint over medical devices, entered by a hernia mesh lawyer, was initially filed in the U.S. District Court for the District of Oregon and subsequently transferred to the hernia mesh MDL in Georgia.

How Do I Know Which Hernia Patch I Received?

POV of a patient looking at the doctors during the surgeryMost patients are unaware of the specific hernia repair device that was used during their hernia mesh surgery and are often not told about hernia mesh recall.

According to the National Center for Biotechnology and Information 2010 research, doctors have been instructed to treat patients with recalled Ethicon Physiomesh products in the usual manner, and few, if any, have specifically been informed that they have a defective hernia mesh implanted in their bodies [11].

If you had hernia mesh surgery but are unsure about the specific device and/or its manufacturer, you should contact a hernia mesh lawyer to obtain this information.

How Do I Know if My Hernia Mesh Failed?

Failure means that the device used in your hernia surgery failed to perform as intended. This could be due to a defective mesh product, either from bad design or improper material. Other times this is due to the surgeon’s errors.

Hernia mesh failure symptoms can arise within 2 weeks of surgery to several years after hernia revision surgery. Complications can impact your quality of life and even be life-threatening if untreated.

Seven common complications and signs of mesh device failure include:

1. Bulging

Bulging in the area where the device was implanted is often a sign of mesh dislodging or mesh migration, causing inflammation. Some patients have bulges the size of a softball or greater protruding through their skin. Bulging can also be a sign of recurrence.

This bulging is not merely a cosmetic issue. Bulges can become an infection site and have a build-up of fluid (seromas or ascites), and/or spontaneously rupture.

In some patients, these bulges can take a long time to form. In others, these bulges may grow very quickly. They may also cause the patient to wrongly worry that he/she has a cancerous tumor.

2. Burning

Warm or hot skin in the area of the implant (surgical site) is also common when the mesh has dislodged, shrank, or disintegrated. Burning may also indicate that the device has caused an infection.

Depending on the patient, this burning may appear abruptly or slowly increase over time. The burning may also come and go.

For instance, patients prescribed antibiotics may feel some temporary relief as the medication causes the inflammation to subside. But the burning side effect will return once the patient stops taking them.

3. Constipation

Defective meshes along the abdominal wall may put pressure on the stomach, small intestines, or colon, causing patients to suffer gastrointestinal problems such as the inability to pass gas or stools (bowel obstruction). This is especially true for patients with umbilical hernias (where the intestine protrudes through the belly button) and who develop scar tissue.

Constipation itself can lead to other painful or dangerous conditions, such as bloating, hemorrhoids, or fissures. In some cases, the act of straining to use the bathroom may cause fecal impaction or rectal prolapse.

Constipation is a common symptom of many different problems. However, anyone with an implanted medical device should take their constipation symptoms very seriously, especially if increasing fiber intake or taking laxatives does not help.

Note that difficulty urinating can also be a sign of mesh failure.

4. Impotence

Men with hernia mesh implants may experience sexual dysfunction. This is most common in patients with inguinal hernias (where soft tissue protrudes through the abdominal wall muscles).

The precise cause of the impotence varies by patient. Sometimes it is due to any inflammation or irritation caused by hernia mesh implants. Or perhaps a nerve got caught in the device. In other cases, the patient’s spermatic cord can adhere to the device.

Patients who consult with urologists about their impotence should disclose right away that they have a mesh implant. Otherwise, the doctor may not consider the hernia mesh surgical implants as a possible cause of their sexual problems.

5. Nausea

Like constipation, nausea is a common symptom of several different medical problems. But if the patient has implanted hernia meshes, it can be a serious sign that something is wrong.

Perhaps the mesh migrated to the patient’s intestines, causing an intestinal blockage. Or perhaps it caused the stomach tissue to become infected, inhibiting digestion.

Persistent nausea can lead to other problems, including dehydration and an electrolyte imbalance. Therefore, anyone with an implanted medical device who experiences nausea or any flu-like symptoms is advised to consult with a doctor right away.

6. Lethargy

It is not normal for patients to feel fatigued once they have recovered from the revision surgery. Lack of energy can be a sign that the body is not responding well to the device, especially if the patient has a fever and chills as well.

For instance, the patient may be having a poor reaction to the polypropylene mesh material. This can create oxidative stress, which in turn causes white blood cells to create an immune response.

Feeling tired can also be a sign of mesh infection or inflammation as the body is working overtime to fight it. In any case, patients suffering from chronic fatigue are advised to seek medical help quickly.

7. Pain

Perhaps the most common sign of hernia mesh failure is pain (often abdominal wall pain). Pain may be at the site of the implant and/or from other complications the mesh is causing. Pain may be mild or severe, acute or chronic.

Texas Couple Sues Ethicon Over Physiomesh Complications

Couple with cross arms suggesting an unsatisfactory behavior As claimed by MedTechDive, a married couple from Texas has filed a products liability lawsuit against J&J’s Ethicon division over injuries alleged from the company’s Physiomesh hernia patch [12].

Plaintiff underwent hernia repair surgery with a Physiomesh patch in September 2013, and less than a year later ended up back in the hospital to treat complications from the hernia patch.

The surgeon who operated on the patient allegedly found “numerous balled-up, rolled-up, and incorporated Physio]mesh,” all of which had to be taken out “with difficulty using cautery and sharp dissection,” according to the lawsuit.

Why File a Hernia Mesh Lawsuit?

People may file hernia mesh lawsuits to receive compensation for damages including pain and suffering, and loss of quality of life. Hernia mesh plaintiffs who have filed lawsuits against hernia mesh manufacturers have 3 main causes of action against mesh manufacturers: Defective design, manufacturing defects, and failure to warn.

Causes of Action

Lawsuits allege that hernia mesh manufacturers defectively designed their products in a manner that made them prone to breaking and causing complications.

These manufacturing defects resulted in the mesh being “substandard, adulterated, and/or non-medical grade polypropylene which deviated from their material and supply specifications,” according to a recent lawsuit.

The mesh companies also failed to warn the public despite knowing that their product could cause health problems.

Compensation Claims

Compensation claims in hernia mesh lawsuits include economic factors such as past and future medical expenses and wage loss. Non-economic damages include loss of quality of life, loss of consortium, and pain and suffering.

Economic Losses

Some hernia mesh problems require more than one surgery to fix, and some injuries such as infections and pain may mean you will need treatment for the rest of your life.

These bills add up. If you were the main wage earner for your household and chronic groin pain from failed mesh prevents you from working, you may be able to claim lost wages from the past and future.

Non-Economic Losses

Non-economic losses are emotional and mental. These problems result in a loss of quality and enjoyment of life as well as emotional issues.

Punitive Damages

In cases where the jury finds a defendant’s behavior particularly negligent or harmful,  and with that being said they may award punitive damages in addition to compensation for economic and non-economic losses. Punitive damages are meant to punish the defendant and discourage the behavior from happening again.

Who is Eligible to File a Hernia Mesh Lawsuit?

Any medical device that is used on a patient must meet pre-market testing conditions. Patients who develop complications from any faulty hernia mesh device have the right to file a lawsuit against the manufacturer of the defective hernia mesh device.

Is There a Hernia Mesh Class Action?

No. Most hernia mesh lawsuits will be filed and managed as part of multi-district litigation (MDL). There is often more strength in numbers than in a one-off lawsuit.

An MDL resembles a hernia mesh class action. Similar hernia mesh victims band together to sue the same defendant in one federal court. In a hernia mesh class action, all plaintiffs are together in one lawsuit. In a mass tort MDL, each plaintiff has his or her hernia mesh claim against the defendant.

Currently, the hernia mesh MDLs are coming out of the pre-settlement phase where both sides file pre-trial motions and exchange “discovery” (evidence). But currently or shortly, the judge is allowing a small, select number of plaintiffs to go to hernia mesh trial. These are called “bellwether” trials.

The results of the bellwether hernia mesh trial will set the stage for hernia mesh settlement negotiations with the remaining plaintiffs. If the plaintiffs win their trials and get awarded high damages, this will likely translate to higher-value settlements for all the plaintiffs. From start to finish, MDLs may take several years.

Currently, there are three federal hernia mesh MDLs, amounting to more than 21,000 lawsuits as of 2022. Each is against a different hernia mesh manufacturer.

Hernia Mesh Settlement Amounts / Lawsuit Payouts

On average, plaintiffs get $50,000 to $250,000 in hernia mesh lawsuit settlements. If the plaintiff suffers a serious injury, the hernia mesh lawsuit settlement could be up to $100,000.

Factors Affecting Hernia Mesh Lawsuit Settlement Amounts

Here are some factors that determine average mesh settlement:

  • Severity: If the effects of implanting hernia mesh are severe, the plaintiffs will get higher hernia mesh lawsuit settlements. The compensation depends on how severe the injuries are.
  • Quality of Life: The settlement amount depends on how much the injuries have affected the patient’s life quality. For instance, hernia recurrence, pain, inflammation, or excessive pain may have affected the plaintiff’s sleep quality and general wellness.
  • Economic Impact: The hernia mesh lawsuit settlements tend to be higher if the plaintiff had more economic loss, such as lab tests, surgeries, and medical bills.
  • Future Loss: Some effects of hernia mesh complications are life-long. Therefore, the hernia mesh settlement amounts also vary depending on if complications will affect the patient in the coming years.

Is a Hernia Mesh Settlement Taxable?

In most cases, hernia mesh settlements are not taxable.

Nontaxable Settlements

The Internal Revenue Service designates which portions of a personal injury settlement are excluded from income tax. You will not be taxed on money from a personal injury settlement or jury award that compensates you for physical injuries, lost wages resulting from physical injuries, or any emotional distress you suffered as a result of those injuries.

Therefore, money compensating you for economic damages like medical bills and lost income, along with non-economic damages like pain and suffering, will usually be tax-free.

Taxable Settlements

There are some exceptions to these rules, and it’s important to speak with a tax advisor to determine if any such exceptions affect your situation. Depending on the decisions you’ve made when filing your taxes in previous years, there is still a chance you’ll owe the IRS some money.

For example, if you’ve already received a tax benefit at some point in the past that relates to your case, you cannot take advantage of further tax benefits. An example would be if you deducted the out-of-pocket costs of your medical care that stemmed from your accident on your previous year’s income tax return. In that case, you would need to pay taxes on your settlement.

If you earned interest on any money you recovered in your personal injury settlement, that interest is not exempt from taxation. That includes any interest you accrue from that money sitting in a bank account or investments purchased with the settlement money.

Hernia Mesh Lawsuit Process

After you’ve hired a hernia mesh lawyer, the hernia mesh lawsuit process begins with filing a complaint. Ideally, a lawsuit ends with a settlement or jury verdict. Most hernia mesh cases settle before trial but keep in mind there is no guarantee of receiving compensation.

Steps in a hernia mesh lawsuit include:

  • File responses to the complaint
  • Both sides exchange information and gather records in the discovery process
  • Pre-trial motions to allow or dismiss claims and evidence
  • A bellwether trial is held

How Long Does a Hernia Mesh Lawsuit Take to Settle?

They can take at least one to three years to resolve, depending on the case, and only under very rare circumstances will they take less than a year. Recently, federal courts have been placing large numbers of hernia mesh lawsuits under MDLs to speed up the litigation process for people who have suffered from mesh failure.

What You Should Know Before You File a Hernia Mesh Lawsuit

Five things to know before filing a mesh lawsuit include:

  1. Who manufactured your hernia mesh implant?
  2. The dates of your hernia mesh implant and revision surgeries.
  3. Contact a hernia mesh attorney to find out if you have a compensation claim.
  4. Act quickly, as each U.S. state imposes a time limit (statute of limitations) on filing a claim. If you wait, you could be barred from receiving compensation for your injuries.
  5. Find experienced hernia mesh attorneys.

Questions a Hernia Mesh Lawyer May Ask

Some questions your Hernia Mesh attorney may ask include:

  1. What injuries are you experiencing from your hernia mesh?
  2. When did your hernia mesh complications occur?
  3. What symptoms did you experience?
  4. Why are you interested in filing a lawsuit?
  5. Who made your hernia mesh?
  6. Did you preserve your mesh?
  7. Has your mesh been recalled?
  8. How is your medical provider treating your complications?
  9. How have your hernia mesh injuries impacted your daily life?
  10. When were the dates of your surgery and revision surgeries if you had them?

How Much Does it Cost to File a Claim?

Close up image of giving a dollar bill to someone

Hernia mesh lawyers near me handle hernia mesh patch lawsuits on a contingency fee basis, meaning that you pay nothing unless we achieve a favorable outcome in your case.

If we determine that you have a valid claim, you may be entitled to compensation to assist with medical bills, lost wages, pain and suffering, and other damages.

Status of Hernia Mesh Lawsuits

Ethicon Inc. defended itself in the first Physiomesh hernia patch lawsuit to go to trial in the Southern District of Illinois in 2018.

The plaintiff in the case, Matthew Huff, claims he developed abdominal abscesses and intestinal fistulas after being implanted with Physiomesh in 2013.

Hernia Patch Problems May Occur Years After Surgery, Study Finds

Professional doctors studying and researching Patients who undergo incisional hernia repair surgery with a mesh patch may have a lower risk for hernia recurrence, but serious problems can occur up to 5 years after the procedure, a new study has found.

Complications included bowel obstruction, perforation, bleeding, pain, non-healing wounds, infections, fluid buildup, and fistulas (organs fused).

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Get a Free Hernia Mesh Patch Lawsuit Evaluation With a Hernia Mesh Lawyer

The Medical Device Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focuses on the representation of plaintiffs in hernia mesh patch lawsuits. We are handling individual litigation nationwide and are currently accepting new hernia mesh claims in all 50 states.

Free Case Evaluation: Again, if you have problems following surgery, you should contact our law firm immediately. You may be entitled to a settlement by filing hernia mesh litigation and a hernia mesh lawyer can help.



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