New York Hernia Mesh Lawsuit | 2025 Latest Updates

New York Hernia Mesh Lawsuit Overview

The courts in New York have been inundated with hernia mesh lawsuits stemming from claims against manufacturers of polypropylene hernia mesh products used in hernia repair surgeries.

These lawsuits allege that manufacturers like Ethicon, Bard, Covidien, Gore Medical, Genzyme, and Atrium Medical Corporation utilized cheap materials harmful to patients and failed to properly warn of potential injuries.

More than 25,000 hernia mesh lawsuits are pending in various MDLs nationwide, with the Bard MDL now exceeding 21,000 cases.

The litigation focuses on severe complications including adhesions, infections, mesh rejection, and bowel obstruction that have left patients with no recourse but legal action for justice.

Latest New York Hernia Mesh Lawsuit Updates

• May 1, 2024: The Bard hernia mesh multidistrict litigation saw another spike, with 583 new cases filed in April—up from 481 the month before. This brings the total number of active cases in the MDL to 22,256 [1].
• March 2024 – Settlement mediation for ongoing hernia mesh litigation is scheduled for early March 2024, aiming to reach a comprehensive resolution. As of March 1, the Bard hernia mesh MDL has reached 20,973 pending cases, while Atrium’s C‑Qur mesh litigation stands at 2,241 cases [2].
• April 8, 2024 – Bard hernia mesh MDL bellwether trial was scheduled and then was vacated by the presiding judge in February 2024 to allow additional time for mediation and settlement efforts, in hopes of reaching a resolution without proceeding to trial [3].
• October 2023 – The third bellwether trial in the Hernia Mesh MDL was set for October 2023, with a trial date of October 16, 2023. The Covidien Hernia Mesh lawsuits intensified with ongoing discovery proceedings including review of large volumes of documents [4].

FDA Reports and Statistics

According to the U.S. Food and Drug Administration and research studies:

• More than 1 million hernia repairs are performed annually in the United States
• More than 90% of hernia repair procedures use hernia mesh
• Over 25,000 hernia mesh lawsuits are pending in various MDLs nationwide
• The Bard MDL has exceeded 21,000 cases and continues growing
• Atrium hernia mesh MDL in New Hampshire has over 3,000 pending cases

The FDA’s 510(k) clearance process has allowed marketing of hernia meshes without substantial proof of safety and efficacy, contributing to unsafe and ineffective products reaching the market.

Hernia repairs are common, with more than 1 million performed annually in the United States. More than 90% of those procedures use hernia mesh for repairs. – The U.S. Food and Drug Administration.

New York Hernia Mesh Injuries & Side Effects

Patients in New York have reported numerous severe complications following hernia mesh surgery, with symptoms that may not emerge until years after the procedure.

The most commonly reported injuries include:

• Adhesions: Mesh implant sticking to other organs and tissue causing severe pain and potential damage
• Infections: Bacterial infections at the surgical site that may require immediate medical intervention
• Mesh Rejection: Body’s immune system rejecting the mesh material, causing inflammatory responses
• Bowel Obstruction: Bowel obstruction from mesh interference with intestinal function
• Chronic Pain: Persistent pain, stiffness, bloating, and tenderness at the repair site
• Mesh Migration: Movement of the mesh from its original position causing organ damage
• Hernia Recurrence: Return of the original hernia requiring additional surgery
• Systemic Complications: Fatigue, fever, nausea, and other whole-body symptoms

Do You Qualify for a New York Hernia Mesh Lawsuit?

You may qualify for a New York hernia mesh lawsuit if:

• You received hernia mesh implants from the year 2000 onward
• You experienced serious side effects including adhesions, infections, mesh rejection, bowel obstruction, or chronic pain
• The injuries required medical treatment, revision surgery, or hospitalization
• You can provide medical documentation linking your injuries to the hernia mesh
• Your hernia mesh surgery occurred on or after January 1, 2006, with mesh manufactured by qualifying companies

Individuals who have endured severe complications, undergone revision surgery, and experienced these issues as a direct result of a defective hernia mesh product may qualify to file a lawsuit.

Evidence Required for a New York Hernia Mesh Lawsuit

Critical pieces of evidence needed for a strong hernia mesh lawsuit include:

• Medical Records: Detailed documentation of initial hernia repair surgery, operative reports, and follow-up medical treatment.
• Revision Surgery Records: Documentation of any subsequent surgeries required due to mesh complications.
• Imaging Studies: X-rays, MRIs, or other imaging showing mesh-related complications.
• Physical Evidence: Preserved defective mesh implant if removed during revision surgery.
• Personal Documentation: Detailed pain diaries, witness testimonies, and financial records outlining suffering and economic losses.

Damages You Can Recover

Potential compensation in New York hernia mesh lawsuits may include:

• Medical Expenses: Coverage for treatment costs, revision surgeries, and ongoing medical care
• Lost Wages: Compensation for time off work and reduced earning capacity
• Pain and Suffering: Damages for physical pain, emotional distress, and impact on quality of life
• Punitive Damages: Additional compensation for manufacturer negligence and misconduct

The expected settlement amount for the average hernia mesh lawsuit ranges between $70,000 and $90,000, though settlements can escalate to as much as $1 million in severe cases.

Hernia Mesh Recall Information

Several hernia mesh manufacturers have faced significant legal action and recalls:

• Ethicon: Ethicon has resolved significant numbers of lawsuits through settlements, including 224 lawsuits in Georgia MDL.
• Bard: Bard faces over 21,000 cases in ongoing MDL litigation.
• Covidien: Subject to intensifying litigation with bellwether trials expected to begin in 2025.
• Atrium Medical Corporation: Over 3,000 pending cases in New Hampshire MDL.

Statute of Limitations for New York Hernia Mesh Lawsuits

The statute of limitations for hernia mesh lawsuits in New York varies by claim type:

• Product Liability Cases: Three years from the date of injury for hernia mesh product liability claims
• Medical Malpractice Cases: Two and a half years from the date of the procedure for medical malpractice related to hernia mesh procedures

Due to the complex nature of product liability cases, resolution timelines could extend from three to seven years, making timely action crucial.

Related Article: New Jersey Hernia Mesh Lawsuit

FAQs

1. What is hernia mesh and why does it cause complications?

Hernia mesh is a surgical implant used to reinforce weakened tissue walls during hernia repair. Complications arise when defective mesh products migrate, cause infections, create adhesions, or trigger immune responses that lead to severe health problems.

2. How many hernia mesh lawsuits are currently pending?

More than 25,000 hernia mesh lawsuits are pending in various MDLs nationwide, with the Bard MDL exceeding 21,000 cases and Atrium’s MDL having over 3,000 pending cases in New Hampshire.

3. What are the most common symptoms of hernia mesh failure?

Common symptoms include abdominal stiffness, bloating, bulging at the repair site, constipation, fatigue, fever, chronic pain, swelling, and tenderness. These symptoms may not appear until years after surgery.

4. How much compensation can I receive in a New York hernia mesh lawsuit?

Settlement amounts typically range from $65,000 to $80,000, with an average expectation of $70,000-$90,000. However, in severe cases involving significant complications, settlements can reach as much as $1 million.

5. Which manufacturers are facing the most litigation?

Major manufacturers facing lawsuits include Ethicon, Bard, Covidien, Gore Medical, Genzyme, and Atrium Medical Corporation. These companies are accused of using harmful materials and failing to warn patients about risks.

6. What is the statute of limitations for hernia mesh lawsuits in New York?

For product liability cases, you have three years from the date of injury. For medical malpractice cases related to hernia mesh procedures, the limit is two and a half years from the procedure date.

7. Can I still file a lawsuit if my symptoms are not severe?

Yes, even mild symptoms may qualify you for a lawsuit if the hernia mesh has caused complications. Consulting with an attorney can help determine the strength of your case and eligibility.

8. What evidence do I need for a hernia mesh lawsuit?

Essential evidence includes medical records, proof of mesh implantation, documentation of complications and revision surgeries, imaging studies, preserved mesh if removed, and personal records like pain diaries.

9. How long does it take to resolve a hernia mesh lawsuit?

Due to the complex nature of product liability cases, resolution timelines could extend from three to seven years. Bellwether trial outcomes significantly influence settlement negotiations and timelines.

10. What are the potential outcomes of a hernia mesh lawsuit?

Potential outcomes include settlements covering medical expenses, lost wages, pain and suffering, and other damages. If settlement negotiations fail, the case may proceed to trial where a judge or jury will decide the outcome.

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

Get a Free New York Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh injuries in New York. You have only three years from the date of injury for product liability claims, or two and a half years for medical malpractice claims. Waiting too long can permanently bar your right to seek compensation.

At Schmidt & Clark, LLP, we specialize in hernia mesh lawsuits and are dedicated to helping New York victims obtain the justice and compensation they deserve.

Our services include:

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

We’re here to support you during tough times and will help you understand your rights and determine if you’re eligible for a hernia mesh lawsuit. Contact us today for your free consultation.

References

1. https://www.millerandzois.com/products-liability/hernia-mesh-case-value/
2. https://www.lawsuit-information-center.com/update-atrium-hernia-mesh-lawsuits.html
3. https://levinlaw.com/hernia-mesh-lawsuit/
4. https://www.jasonjoylaw.com/updates-and-preparations-in-the-c-r-bard-mdl-hernia-mesh-case-third-bellwether-trial-approaches-amidst-growing-lawsuit-numbers