Hernia Mesh Lawsuit – Settlement Status & Eligibility

Hernia mesh and hernia patches made by Bard, Davol, Covidien, Atrium and Ethicon face lawsuits over complications in patients who had hernia repairs. Plaintiffs allege adhesions, damage to organs, mesh migration and infection. The cases sit in separate manufacturer MDLs rather than one combined MDL. As of October 1, 2026, 23,324 actions are pending in MDL 2846 for Bard and Davol, and 2,479 actions are pending in MDL 3029 for Covidien. Becton, Dickinson and Company (BD) reached a confidential agreement to resolve most of its hernia claims on October 2, 2024. A Boston jury awarded $88 million against Covidien on August 4, 2026.

Latest Hernia Mesh Patch Lawsuit Updates

August 4, 2026: Jury Awards $88 Million in Covidien Hernia Mesh Trial

A federal jury in Boston awarded $88 million to Larry and Tammy Patterson against Medtronic‘s Covidien unit, Reuters reported [1]. This was the opening bellwether, or test case, over Covidien hernia mesh. The jury found Covidien failed to give an adequate warning and awarded no punitive damages. Medtronic said it will challenge the verdict through post-trial motions and an appeal if needed [2].

December 16, 2024: Court Creates Bard Qualified Settlement Fund

The Southern District of Ohio issued Case Management Order No. 56 in MDL 2846. It sets up a qualified settlement fund for Bard hernia mesh claims [3]. The order names Archer Systems LLC as the exclusive lien administrator. It follows a substantially similar order from the Rhode Island coordinated proceeding, entered on December 9, 2024.

October 2, 2024: BD Announces Hernia Litigation Agreement

BD announced an agreement to resolve the vast majority of its existing hernia litigation [4]. BD said the terms of the agreement are confidential. The agreement includes cases in the Rhode Island consolidated litigation and the Ohio federal MDL. BD will pay over a multi-year period. It includes no admission of liability, and BD continues to dispute the allegations.

November 8, 2023: Jury Awards $500,000 in Stinson Bellwether

Dispositive Motions Order No. 8 records a federal jury verdict in Stinson v. Davol, the third bellwether trial in MDL 2846 [5]. The jury found for the defendants on design defect. It found for plaintiff Aaron Stinson on failure to warn and negligence and awarded $500,000. There was no malice finding, so no punitive damages. The mesh was an Extra-Large PerFix Plug.

June 6, 2022: JPML Centralizes Covidien Cases as MDL 3029

The JPML centralized Covidien hernia mesh cases as MDL 3029 in the District of Massachusetts before Judge Patti B. Saris. This MDL later produced the Patterson verdict of August 4, 2026.

December 8, 2021: Getinge Announces Atrium C-Qur Settlement Agreement

Getinge announced that its subsidiary Atrium Medical had entered a settlement agreement with plaintiffs’ lead counsel in the C-Qur mesh MDL 2753 [6]. The agreement includes no admission of liability. Getinge booked an additional provision of SEK 600 M. About 3,200 plaintiffs were in the MDL, which sits in the District of New Hampshire.

August 2, 2018: JPML Centralizes Bard Cases as MDL 2846

The JPML centralized Davol / C.R. Bard polypropylene hernia mesh cases as MDL 2846 in the Southern District of Ohio before Judge Edmund A. Sargus, Jr., according to the court’s MDL page [7].

May 25, 2016: Ethicon Recalls Physiomesh Flexible Composite Mesh

Ethicon issued an Urgent Field Safety Notice recalling Physiomesh Flexible Composite Mesh for laparoscopic use from the global market. Registry data showed higher recurrence and reoperation rates [8].

December 22, 2005: Davol Recalls Composix Kugel Mesh Patches

Davol, a Bard subsidiary, initiated a Class 1 recall of Composix Kugel Mesh patches because the memory recoil ring could break. The FDA record says this could potentially lead to bowel perforation or chronic enteric fistula [9]. The FDA posted the recall on February 22, 2006. It covered Composix Kugel Mesh X-Large Oval patches with ePTFE, made from 2002 to 2005.

What Is Hernia Mesh?

According to the FDA, surgical mesh is a medical device that gives extra support to weak or damaged tissue [10]. Most devices are made from synthetic materials or animal tissue. Non-absorbable mesh stays in the body indefinitely but may break down somewhat over time. Surgeons often use mesh to strengthen a hernia repair and reduce the chance of recurrence.

Who May Be Affected?

The cases involve people who had a hernia repaired with mesh or a patch from Bard / Davol, Covidien, Atrium or Ethicon. Named lines include Composix Kugel and PerFix Plug from Bard / Davol. Covidien lines include Symbotex, Parietex and ProGrip. Atrium’s mesh is C-Qur, and Ethicon’s is Physiomesh. Plaintiffs in these cases allege pain, infection, adhesions, bowel obstruction, perforation or mesh migration that led to another operation. In the Patterson case, a Symbotex mesh was implanted in a 2017 hernia repair. Whether your own claim qualifies needs an individual legal review of your records and medical history.

Reported Injuries or Damages

Plaintiffs in the hernia mesh cases allege several injuries. These include infections, adhesions, mesh breakage, mesh migration and damage to organs. They also allege inflammatory and allergic responses and foreign body rejection. Allegations are not court findings. The Pattersons’ complaint alleged permanent injuries, significant pain and suffering and emotional distress. It also alleged lost wages and earning capacity and a lower quality of life. Larry Patterson’s mesh failure required significant reconstructive surgery, the complaint says. The FDA studied adverse event reports and peer-reviewed studies. For hernia surgery, with or without mesh, it lists pain, infection, hernia recurrence, adhesion, obstruction, bleeding, fistula, seroma and perforation as the most common problems. For repair with mesh, the FDA also lists migration or shrinkage of the mesh itself. A 2019 review in the journal Hernia by Cunningham and colleagues studied mesh migration after abdominal hernia repair [11]. The review selected 84 articles, mostly case reports. Migration commonly affected multiple organs (31.5%). The authors say the reports differ a lot and call for a standard way to report cases.

Recall and Regulatory Background

The FDA lists a Class 2 recall of C-QUR Edge Mesh. Atrium Medical started it on July 19, 2013 after finding that coated mesh can stick to the inner packaging liner in high humidity [12]. Atrium sent a recall letter and added instructions for use on storage conditions. For the Composix Kugel recall, Davol notified US customers by letter and asked accounts to return recalled product. A recall does not itself establish liability. Related pages cover the Physiomesh lawsuit and the Atrium C-Qur hernia mesh lawsuit.

Evidence to Preserve

Keep every record that links the mesh to your problem, and store copies in one safe place. Useful items include:

• Your implant card or sticker, which names the mesh brand, model and lot number, and the date of surgery
• Hospital records that describe where the surgeon placed the mesh
• Scans and lab reports that are tied to the problem you had after surgery
• Records of any second surgery to fix or remove the mesh, with the hospital notes
• Records of each doctor visit, treatment and hospital stay for your symptoms
• Bills and pay records that show the work you missed because of the problem
• Photos of any visible problem, with the date each one was taken
• Emails, letters and messages with your surgeon, the hospital or the maker of the mesh

Filing Deadlines

Filing deadlines for a hernia mesh claim come from state law. They depend on where you live and on when your complication happened. In some states the clock starts at diagnosis instead of on the surgery date. Missing a deadline can end a claim even when the medical facts are strong, so a prompt check with a lawyer matters.

Potential Compensation

In device-injury cases, damages can include medical expenses, lost income, lost earning capacity and pain and suffering. Public jury verdicts include $88 million in Patterson v. Covidien, which Medtronic says it will challenge, and $500,000 in Stinson v. Davol. IRS Publication 525 says compensatory damages for a physical injury are not taxable. Punitive damages usually are taxable [13]. Compensation amounts vary by case. Past results do not guarantee future outcomes. Potential compensation under BD’s agreement has not been made public.

Frequently Asked Questions

Is There a Hernia Mesh Patch Lawsuit or Class Action?

Hernia mesh patch lawsuits exist in the US as individual cases rather than one class action. They are consolidated in manufacturer MDLs 2846, 3029 and 2753. As of October 1, 2026, MDL 2846 is the second-largest MDL docket by actions pending, with 25,217 total actions.

Which Hernia Mesh Products Have Been Recalled?

Hernia mesh products with recall records include Composix Kugel, C-QUR Edge and Physiomesh. The FDA lists the Kugel recall as completed, with 31,761 units. It lists the C-QUR Edge recall as terminated on March 18, 2016, with 1501 units.

Is a Hernia Mesh Settlement Taxable?

A hernia mesh settlement for a physical injury is generally not taxable, whether paid as a lump sum or in installments. Emotional distress damages tied to the injury are treated as received for the injury. Ask a tax adviser about a specific award.

What Does the Research Say About Hernia Mesh Migration?

Research on hernia mesh migration includes a 2019 Hernia review that screened 287 English citations. The mesh materials involved included polypropylene, PTFE and composite mesh, so reports covered more than one type of device.

Can Hernia Mesh Cause a Bowel Obstruction?

A bowel obstruction is among the adverse events the FDA lists for hernia surgery, whether or not mesh is used. The FDA does not state that mesh causes it in every case. Larry Patterson claimed his Symbotex mesh caused one that needed an operation in 2020.

References

1. https://www.insurancejournal.com/news/east/2026/08/05/880434.htm
2. https://www.massdevice.com/jury-medtronic-88m-hernia-mesh-suit/
3. https://www.ohsd.uscourts.gov/sites/ohsd/files//MDL%202846%20Case%20Management%20Order%20No.%2056%20Establishment%20of%20Qualified%20Settlement%20Fund.pdf
4. https://news.bd.com/2024-10-02-BD-Reaches-Agreement-to-Resolve-Vast-Majority-of-Hernia-Litigation
5. https://www.ohsd.uscourts.gov/sites/ohsd/files//MDL%20-%202846%20Dispositive%20Motions%20Order%20No.%208.pdf
6. https://www.getinge.com/no/company/news/press-releases/2021/4136312-Getinge-enters-into-a-settlement-agreement-related-to
7. https://www.ohsd.uscourts.gov/multidistrict-litigation-2846
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=43769
10. https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair
11. https://pubmed.ncbi.nlm.nih.gov/30701369/
12. https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRes/res.cfm?ID=119924
13. https://www.irs.gov/publications/p525