Illinois Hernia Mesh Lawsuit | 2025 Latest Updates

Illinois Hernia Mesh Lawsuit Overview

The growing concern over the safety and efficacy of hernia mesh products is reflected in the thousands of pending cases across the country. Major hernia mesh manufacturing companies like Ethicon, Bard, Covidien, and Atrium Medical Corporation find themselves at the center of legal scrutiny as claimants come forward with allegations of defective hernia mesh implants leading to severe health complications. Recent settlements have ranged dramatically from $65,000 to over $1 million, highlighting the diverse impact of hernia mesh failures on patients’ lives.

Latest Illinois Hernia Mesh Lawsuit Updates

April 11, 2025–

According to Drugwatch, thousands of patients nationwide have filed hernia mesh lawsuits against manufacturers like Bard and Ethicon. Illinois residents may be part of the ongoing federal MDL cases if they meet medical and surgical eligibility [1].

June 6, 2024 – Illinois residents who have experienced complications from surgical mesh may be eligible for legal action. According to the Simmons law firm, victims can pursue claims for compensation due to injuries caused by defective mesh products.

FDA Reports and Statistics

According to FDA data and research studies, hernia mesh products are linked to numerous adverse events, with the FDA’s MAUDE database recording approximately 55,000 reports by July 2023, including an estimated 15,000–20,000 from 2020–2024. Complications include chronic pain, infections, mesh migration, recurrence, adhesions, and organ perforation. Some cases require revision surgeries, though exact percentages are not publicly confirmed due to variable data and MAUDE limitations. Illinois plaintiffs report similar issues, consistent with national trends.

The judicial system uses Multidistrict Litigation (MDLs) to streamline hernia mesh lawsuits, consolidating approximately 26,000 claims against manufacturers like Bard, Covidien, Atrium, and Ethicon as of April 2025. MDLs aggregate evidence, such as FDA adverse event reports (~55,000 by 2023), recall notices (e.g., Atrium C-QUR 2013, Bard Kugel 2005–2007), and safety communications (2014, 2016), which are critical to proving defects and inadequate warnings. Illinois plaintiffs participate in these MDLs or file in state courts, using the same national evidence pool.

Hernia Mesh Injuries & Side Effects

According to a 2020 research by Science Direct, hernia mesh lawsuits cite numerous and serious complications. Patients may experience a range of adverse effects following hernia mesh implantation:

• Mesh Migration: Can lead to organ perforation and bowel obstruction, with symptoms appearing years after surgery
• Mesh Shrinkage: Causes chronic pain and discomfort as the mesh contracts and pulls on surrounding tissues
• Erosion & Adhesion: Mesh adheres to internal organs or tissues, causing chronic pain and potential intestinal blockage
• Fistula Formation: Creates abnormal connections between organs or tissues resulting in infections
• Allergic Reactions: Some patients suffer reactions to materials used, such as those containing fish oil
• Immune System Rejection: Can manifest as flu-like symptoms and exacerbate inflammatory response

Symptoms indicative of hernia mesh failure

can be as varied as high fever, infection, and difficulty with basic bodily functions, compounding the urgency to seek legal redress for hernia mesh injuries.

Abdominal hernias are common issues in the clinical setting, burdening millions of patients worldwide. Associated with pain, decreased quality of life, and severe potential complications, abdominal wall hernias should be treated as soon as possible. – National Library of Medicine

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent hernia repair surgery involving the use of a hernia mesh implant
• You experienced serious complications that could be linked to defects in the mesh product
• Your complications required medical treatment or hospitalization
• You can provide medical documentation linking your injuries to the hernia mesh

Interestingly, individuals looking to take legal action don’t necessarily need to know the specific hernia mesh manufacturer to begin the process. This acknowledgment of the challenges faced by patients in identifying the precise brand or make of their mesh underscores the legal system’s commitment to enabling access to justice for those harmed by these devices.

Evidence Required for a Hernia Mesh Lawsuit

Claimants need to present compelling evidence to prove either medical device companies’ liability or surgeon negligence:

• Medical records documenting the hernia mesh surgery and complications
• Evidence of subsequent medical treatments and surgeries
• Expert testimonies to illustrate the harm caused by the hernia mesh
• Product identification information (when available)

Damages You Can Recover

In hernia mesh lawsuits, victims may be entitled to compensation for:

• Medical expenses related to the treatment of complications
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Punitive damages

The average settlement amount in hernia cases is estimated to fall between $70,000 and $90,000, though each case is unique and evaluated on its own merits.

Hernia Mesh Recall Information

What Is Hernia Mesh? According to DrugWatch, hernia mesh is a medical device designed to reinforce weakened or damaged tissue during hernia repair surgery. The surgical mesh, typically made from synthetic materials (e.g., polypropylene, polyester) or animal tissue (e.g., porcine, bovine), is implanted to strengthen the abdominal wall and reduce hernia recurrence. It can be permanent, absorbable, or hybrid.

When hernia mesh fails, patients may face serious complications, including chronic pain, mesh migration, hernia recurrence, infections, adhesions, bowel obstruction, or perforation, often necessitating revision surgery.

Several hernia mesh products faced manufacturer-initiated recalls under FDA oversight from 2005–2021 due to defects and complications, providing key evidence in hernia mesh lawsuits. These include Class 1 recalls, like Bard Composix Kugel (2005–2007, ~153,000 units, risk of perforation), and Class 2 recalls, such as Atrium C-QUR (2013, >145,000 units, packaging issues), Covidien Parietex (2018, ~129 units; 2021, ~500 units, packaging/mislabeling), and ACell Gentrix (2019, ~208 units, tensile strength). Ethicon’s Physiomesh withdrawal (2016, voluntary) is also cited in litigation.

Statute of Limitations for Illinois Hernia Mesh Lawsuits

The statute of limitations for hernia cases sets a definitive window for legal action, making timing crucial when filing a hernia mesh lawsuit.

In Illinois, claimants generally have two years from the date of injury or the date the injury was discovered to file their lawsuit, though the ‘discovery rule’ can extend this timeframe if the injury isn’t immediately apparent; that is why seeking the immediate help of a hernia mesh attorney is important.

Statutes of limitations vary by state, so it’s crucial to consult with an attorney as soon as possible after experiencing complications.

Related Article: Georgia Hernia Mesh Lawsuit

FAQs

1. What are the grounds for filing a hernia mesh lawsuit?

Grounds for filing include defective design, manufacturing defects, improper labeling, and medical malpractice. Each of these claims requires specific evidence to prove that the mesh caused harm.

2. How does a defective design cause hernia mesh failure?

Defective designs can lead to issues such as mesh shrinkage, migration, or degradation over time. These defects can cause severe injuries, necessitating further medical intervention.

3. What should I expect during the hernia mesh lawsuit process?

The process includes filing the claim, participating in the discovery phase, engaging in settlement negotiations, and possibly going to trial if a settlement is not reached. An experienced lawyer will guide you through each step.

4. How are hernia mesh cases handled in court?

Many hernia mesh cases are consolidated into Multidistrict Litigation (MDL) to streamline the legal process. Bellwether trials often set precedents for settlement values in similar cases.

5. What compensation might I receive from a hernia mesh lawsuit?

Compensation typically covers medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. Settlement amounts vary based on injury severity and individual circumstances.

6. How long does a hernia mesh lawsuit typically take?

The timeline varies, but most cases take 1-3 years to resolve, depending on complexity, evidence availability, and whether the case goes to trial or settles.

7. Can I file a lawsuit if my hernia mesh hasn’t caused problems yet?

Generally, you need to have experienced complications to file a lawsuit. However, you should consult with an attorney if you have concerns about a recalled mesh product.

8. How do I know if my hernia mesh was defective?

Medical records, operative reports, and product identification information can help determine if your mesh was defective or subject to recalls.

See all related medical device lawsuits our attorneys covered so far.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for hernia mesh complications. With only two years from the date of injury or discovery in many states, it’s crucial to act promptly to protect your legal rights.

At Schmidt & Clark, LLP, LLP, we offer:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

Don’t delay in seeking the justice and compensation you deserve for hernia mesh injuries. Our experienced legal team is standing by to evaluate your case and guide you through the legal process.

Get Your Free Consultation From Illinois Hernia Mesh Lawyers

If you or someone close to you has experienced the distressing effects of hernia mesh complications, Schmidt & Clark, LLP stands ready to assist. Our seasoned legal team specializes in these intricate cases and is prepared to navigate you through the complexities of the legal system.

We are dedicated to ensuring that you are fully informed about your legal rights and the viability of pursuing a hernia mesh lawsuit. With no cost for initial consultations and no fees charged, unless we triumph in your case. Reach out to an experienced hernia mesh lawyer for a detailed case assessment regarding your hernia mesh concerns.

Reference:

[1] https://www.drugwatch.com/hernia-mesh/lawsuits/