North Dakota Hernia Mesh Lawsuit | 2025 Latest Updates

North Dakota Hernia Mesh Lawsuit Overview

A rising number of North Dakotans are filing hernia mesh lawsuits, attributing severe injuries to defective products from manufacturers like Atrium, Ethicon, Bard, and Covidien.

Primary allegations focus on these companies for marketing faulty mesh devices that cause life-threatening complications including erosion, infection, and organ perforation.

Over 20,000 hernia mesh lawsuits are pending nationwide as of April 2024, with North Dakota cases being consolidated into federal Multidistrict Litigation (MDL) proceedings.

The FDA has acknowledged that while surgical mesh can reduce hernia recurrence, some products have high failure rates causing severe complications [1].

Latest North Dakota Hernia Mesh Lawsuit Updates

• July 2025 – Hernia MDLs continue to consolidate similar claims for coordinated pretrial proceedings, with bellwether trials serving as indicators for future settlement negotiations [1].
• May 2025 – About 24,078 active case pending nationwide with active bellwether trials shaping settlement strategies and legal precedents across multiple Multidistrict Litigation (MDL) proceedings [2].
• Early 2024: The federal court in the Covidien hernia mesh MDL issued orders requiring the production of unredacted complaint files by defendants, including Covidien. These unredacted files have made otherwise confidential internal documents available, providing new evidence and insight into alleged product defects and company procedure [3].

FDA Reports and Statistics

According to the FDA’s 2023 guidance, hernia mesh is designed to provide additional support to weakened tissue around hernias during repair surgery [4].

However, studies documented in the National Library of Medicine show that while surgical mesh can reduce hernia recurrence rates, some products have high failure rates causing severe or life-threatening complications.

Key Statistics:

• 20,000+ lawsuits pending nationwide as of April 2024
• Multiple MDL proceedings consolidating similar claims
• $4.8 million verdict in landmark Stinson v. Bard case
• Average settlement range of $65,000-$70,000 reported

Hernia Mesh Injuries & Side Effects

According to 2020 research by Science Direct, hernia mesh complications can cause severe medical emergencies requiring immediate intervention [5].

These complications often necessitate revision surgery and can result in permanent damage.

Serious complications include:

• Erosion: Mesh degrades and erodes through surrounding tissue
• Infection: Bacterial contamination leading to sepsis risk
• Shrinkage: Mesh contracts causing pain and structural problems
• Perforation: Mesh punctures through organs and tissue
• Bowel obstruction: Mesh blocks intestinal function

Studies have shown that surgical mesh can reduce the rate of hernia recurrence. However, some hernia mesh also has a high failure rate and can cause severe or even life-threatening complications. – National Library of Medicine.

Do You Qualify for a North Dakota Hernia Mesh Lawsuit?

You may qualify for a North Dakota hernia mesh lawsuit if:

• You underwent hernia mesh surgery in North Dakota after January 1, 2006
• You experienced serious side effects including erosion, infection, perforation, bowel obstruction, or chronic pain
• The injuries required medical treatment, hospitalization, or revision surgery
• You can provide medical documentation linking your injuries to the hernia mesh implant

Evidence Required for a Hernia Mesh Lawsuit

Essential documentation includes:

• Medical records: Complete treatment history and diagnostic reports
• Operative reports: Detailed surgical documentation of mesh implantation
• Surgical notes: Surgeon’s observations and procedures performed
• Discharge summaries: Hospital records of your treatment and recovery
• Product information: Specific mesh brand, model, and lot numbers if available

Damages You Can Recover

Compensation may include:

• Medical expenses: Current and future treatment costs
• Lost wages: Income lost due to inability to work
• Pain and suffering: Physical and emotional distress
• Punitive damages: Additional compensation for manufacturer misconduct

Hernia Mesh Recall Information

While not all defective hernia mesh products have been formally recalled, several manufacturers have faced scrutiny:

• Atrium C-Qur Mesh: Subject to numerous lawsuits for complications
• Ethicon Physiomesh: Discontinued due to high complication rates
• Bard hernia mesh products: Multiple models involved in litigation
• Covidien devices: Various mesh products named in lawsuits

Statute of Limitations for North Dakota Hernia Mesh Lawsuits

Six years from the date of injury to file a hernia mesh lawsuit. The discovery rule may apply, allowing extension if injuries were not immediately apparent.

North Dakota’s statute of limitations is more generous than many states, but prompt legal consultation is essential to preserve your rights and ensure proper case development.

FAQs

1. How long does a hernia mesh lawsuit take to settle?

Complex cases can last from three to seven years, potentially longer with appeals. Timeline depends on case complexity, discovery process, and defendant’s willingness to settle.

2. What factors affect settlement amounts in hernia mesh cases?

Factors include injury severity, medical expenses, lost wages, quality of life impact, and strength of evidence demonstrating manufacturer liability.

3. Can I receive compensation for pain and suffering?

Yes, compensation for pain and suffering, emotional distress, and loss of enjoyment of life can be awarded in hernia mesh lawsuits.

4. What is the average settlement amount for hernia mesh cases?

Settlements typically range from $65,000-$70,000, though amounts vary based on injury severity and case circumstances.

5. Do I need the original mesh packaging to file a lawsuit?

While helpful, original packaging isn’t required. Medical records showing mesh brand, model, and implantation details are sufficient evidence.

6. Can I file a lawsuit if my hernia mesh surgery was years ago?

Yes, if surgery occurred after January 1, 2006, and you experienced complications. The discovery rule may extend filing deadlines.

7. What if my doctor says the mesh isn’t causing my problems?

Independent medical evaluation may be necessary. Many complications aren’t immediately recognized as mesh-related.

8. Are there specific hernia mesh brands that are more dangerous?

Atrium C-Qur Mesh, Ethicon Physiomesh, and various Bard and Covidien products are frequently named in lawsuits.

9. Can family members file a lawsuit if someone died from mesh complications?

Yes, wrongful death claims can be filed by surviving family members for fatal complications.

10. What makes a hernia mesh lawyer qualified to handle my case?

Look for attorneys with specific experience in medical device litigation, particularly hernia mesh cases, and a track record of successful outcomes.

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

Get Your Free Consultation From North Dakota Hernia Mesh Lawyers

At Schmidt & Clark, LLP, we stand by your side during challenging times. Should you or someone close to you suffer from the adverse effects of hernia mesh complications in North Dakota, our doors are open.

With a seasoned team of /attorneyswell-versed in these specific cases, we will navigate you through every step of the legal journey.

We’re here to clarify your rights and assess your eligibility for filing a hernia mesh lawsuit in North Dakota.

References

1. https://federal-lawyer.com/injury-lawsuit/hernia-mesh/
2. https://www.lawsuit-information-center.com/how-much-compensation-can-you-expect-for-a-hernia-mesh-lawsuit.html
3. https://www.aboutlawsuits.com/wp-content/uploads/2024-02-20-Order.pdf
4. https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair#What
5. https://www.sciencedirect.com/science/article/pii/S2666138120300025