2024 Update: Hernia Mesh Patch Lawsuit & Compensation Info

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.

Key Statistics

• 16,000+ Cases Consolidated in MDL
• $500,000 Recent Verdict (Nov 2023)
• 7 Major Hernia Mesh Manufacturers Named

C.R. Bard Bellwether Trial Update

• Trial Date: December 2023 (Fourth bellwether trial) [1]
• Location: Rhode Island State Court
• Plaintiff: Jacob Bryan, who filed a lawsuit in 2018 after complications from a Bard hernia mesh implant.

Jacob Bryan’s lawsuit is part of the larger C.R. Bard hernia mesh MDL, which includes over 16,000 cases consolidated before Chief U.S. District Judge Edmund Sargus in Columbus. This MDL is the third-largest pending multidistrict litigation nationwide.

• Claims by Plaintiffs:
  • Mesh products cause infections, pain, inflammation, and other complications.
  • Manufacturers failed to disclose known risks and downplayed the frequency of adverse effects.
  • Allegations of defective design and manufacturing contribute to side effects.
• Bryan’s Specific Complications:
  • Hernia mesh deformation.
  • Persistent pain requiring ongoing medical care and potential revision surgery.

Role of Key Witnesses

Expert witnesses have played a crucial role in C.R. Bard hernia mesh lawsuits, providing insight into medical complications and product defects.

• Notable Witness: Dr. Grischkan
  • Credentials: Board-certified general surgeon specializing in abdominal wall and inguinal hernia repairs.
  • Impact: In previous trials, such as the Stinson Bellwether trial, his testimony highlighted the risks and shortcomings of Bard hernia mesh products [2].
  • Significance: Dr. Grischkan’s expert opinions have been pivotal in helping jurors understand the complexities of hernia mesh complications and the accountability of manufacturers.

Key Takeaways

• This trial underscores broader allegations that C.R. Bard and Becton Dickinson failed to adequately inform patients and the medical community about the risks of their products.
• Expert testimonies, like that of Dr. Grischkan, have provided clarity on medical complications and the responsibilities of device manufacturers.

Over 16,000 cases have been consolidated before Chief U.S. District Judge Edmund Sargus in Columbus, making it the third-largest pending MDL nationwide. Plaintiffs argue that the mesh products caused infections, pain, inflammation, and other issues.

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 patients and medical professionals.

They have released comprehensive guides detailing the benefits and risks of 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, regulatory bodies are important in safeguarding public health and ensuring that manufacturers adhere to the highest standards of safety [4].

Hernia Mesh Statistics

The FDA thoroughly reviewed 45 articles over 11 years to evaluate the complication rates associated with barrier-coated and hybrid mesh patches [5]. These articles included:

• 9 Randomized Controlled Trials (RCTs)
• 7 Prospective Cohorts
• 20 Retrospective Cohorts
• 9 Case Reports and Series

The search terms covered various types of hernia meshes and hernias, such as ventral, incisional, umbilical, and inguinal hernias.

Complications Analyzed

The studies investigated a wide range of complications, including:

• Hernia Recurrence
• Reoperation Rates (for recurrence or mesh-related complications)
• Infections (surgical site infections, mesh infections, organ space infections)
• Chronic Pain
• Bowel Complications (adhesions, obstructions, fistula formation)
• Other Issues (hematomas, seromas, abscesses, wound dehiscence, and death)

Complication Rates

The following summarizes the incidence rates for common complications associated with barrier-coated and hybrid mesh:

• Hernia Recurrence: 0–11.1%
• Hematomas: 0.5–2.3%
• Seromas: 0–52.5%
• Bowel Adhesions: Up to 3.2%
• Bowel Obstructions: Up to 3.8% (difficult to attribute solely to the mesh or procedure)
• Fistula Formation: Less than 1%
• Abdominal Organ Space Infections: 0.22–1.1%
• Surgical Site Infections: 0–21%
• Mesh Infections: 0–1.4%
• Chronic Pain: 0.3–68%
  • Incidence causing 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. Affected individuals need to stay updated on these developments and consult with legal professionals to understand their rights and potential outcomes.

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?

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.

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

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.

Texas Couple Sues Ethicon Over Physiomesh Complications

MedTechDive claims that 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 [7].

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.

What Injuries Can Lead to a Hernia Mesh Lawsuit?

In an Urgent Ethicon Field Notice issued on May 25, 2016, 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 [8]:

Atrium C-QUR Hernia Mesh Patch Recall

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 [9].

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 [10].

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

Kugel Hernia Recurrence After 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 [11].

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.

Related Articles:

• When Can You Sue for Side Effects From Hernia Repair Surgery?
• Chronic Pain From Hernia Mesh Surgery
• Hernia Mesh Migration Following Repair Surgery

How Do I Know Which Hernia Patch I Received?

Most 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 [12].

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 worry that he/she has a cancerous tumor wrongly.

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 after recovering 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.

For instance, the patient may have 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 works 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.

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.

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.

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.

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 remember there is no guarantee of 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?

Depending on the case, they can take at least one to three years to resolve, and only under very rare circumstances will they take less than a year.

Recently, federal courts have placed large numbers of hernia mesh lawsuits under MDLs to speed up the litigation process for people suffering 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?

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.

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.

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.

Related Articles:

• What to Know Before Filing A Hernia Mesh Lawsuit
• Statute of Limitations for Hernia Mesh Lawsuits
• Multidistrict Litigation (MDL) for Hernia Mesh Lawsuits

See all related medical device lawsuits we’ve covered.

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.

References:

1. https://www.reuters.com/legal/litigation/becton-dickinson-ordered-pay-255k-hernia-mesh-trial-2022-04-15/
2. https://casetext.com/case/stinson-v-davol-inc-in-re-davol-inccr-bard-polypropylene-hernia-mesh-prods-liab-litig
3. https://news.bloomberglaw.com/litigation/bard-ordered-to-pay-500-000-in-third-hernia-mesh-test-trial
4. https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair
5. https://www.fda.gov/medical-devices/surgical-mesh-used-hernia-repair/surgical-mesh-hernia-repair-fda-activities
6. https://www.consumernotice.org/legal/hernia-mesh-lawsuits/settlements/
7. https://www.medtechdive.com/news/jj-hernia-mesh-settlement-prompts-judge-to-dismiss-more-than-200-cases/701668/
8. https://www.moph.gov.lb/userfiles/files/Medical%20Devices/Medical%20Devices%20Recalls%202016/8-6-2016/ETHICONPHYSIOMESH%E2%84%A2FlexibleCompositeMesh.pdf
9. https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRes/res.cfm?ID=119924
10. https://www.goremedical.com/products/dualmesh
11. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6754004/
12. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml