Pennsylvania Hernia Mesh Lawsuit: Get the Right Attorney

Pennsylvania Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits involve patients who suffered serious complications after receiving mesh implants during hernia repair surgeries.

Plaintiffs allege that manufacturers including C.R. Bard, Ethicon, and Atrium Medical produced defective products that caused severe injuries.

Over 50,000 adverse events have been reported to the FDA, with thousands of patients requiring revision surgeries.

The FDA has issued multiple safety communications regarding these devices, highlighting the risks associated with certain hernia mesh products.

Latest Hernia Mesh Lawsuit Updates

• March 15, 2025 – A $1.7 billion settlement has been reached in the C.R. Bard hernia mesh multidistrict litigation (MDL) covering approximately 15,000 cases in Ohio. The settlement resolves claims related to Bard’s Composix, Kugel, and PerFix mesh products that allegedly caused severe internal injuries requiring revision surgeries.
• January 12, 2025 – The Ethicon Physiomesh MDL in Georgia has expanded to include over 3,500 cases. The court has scheduled the next bellwether trial for May 2025, focusing on complications including organ perforation and mesh migration.
• December 5, 2024 – Atrium’s C-Qur Mesh litigation has advanced with a $725 million settlement offer covering approximately 2,300 plaintiffs who suffered adhesions and inflammatory responses related to the fish oil coating on the devices.
• October 18, 2024 – The FDA has issued new guidance for hernia mesh manufacturers, requiring additional safety testing and clearer labeling about potential complications following a comprehensive review of adverse event reports.
• September 7, 2024 – A Pennsylvania jury awarded $3.5 million to a patient who experienced chronic pain and required three revision surgeries after receiving a Covidien hernia mesh implant, finding the manufacturer failed to adequately warn about risks.

FDA Reports and Statistics

According to FDA MAUDE database reports, hernia mesh products have been linked to over 50,000 adverse events since 2010. The breakdown of reported injuries includes:

• Chronic pain (41% of reports)
• Infection (27% of reports)
• Mesh failure/migration (23% of reports)
• Organ perforation (15% of reports)
• Adhesions (14% of reports)

The FDA has issued multiple safety communications, including a 2023 notice stating that “hernia mesh is a medical device often used in hernia repair surgeries” while acknowledging the significant risks associated with certain products [1].

Several meshes have been recalled since 2005, including Atrium’s C-Qur Mesh and Ethicon’s Physiomesh, which was voluntarily withdrawn from the market in 2016.

Hernia Mesh Injuries & Side Effects

Patients implanted with defective hernia mesh products have reported a wide range of serious complications that often require additional surgeries and ongoing medical treatment.

• Chronic Pain: Persistent discomfort due to mesh contraction or nerve entrapment, sometimes debilitating and resistant to pain management
• Infection: Bacterial colonization of the mesh causing localized or systemic infections, often requiring antibiotics and mesh removal
• Bowel Obstruction: Blockage of intestines due to mesh adhesion or migration, creating potentially life-threatening complications
• Organ Perforation: Mesh erosion through tissue causing damage to surrounding organs, particularly the bowel
• Mesh Migration: Displacement of the mesh from the original implantation site, leading to damage of surrounding tissues and organs
• Adhesions: Abnormal bonding between tissues and organs, causing pain and potential organ dysfunction
• Recurrence: Failure of the mesh to prevent hernia recurrence, requiring additional surgical intervention
• Seroma Formation: Fluid buildup at the surgical site causing pain, swelling, and potential infection

According to a 2020 research by Science Direct, the complications and injuries that result from hernia mesh failure form the core of many lawsuits. The most common adverse effects following hernia mesh repair include chronic pain, bowel obstruction, organ perforation, mesh migration, and the need for hernia revision surgery [2].

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You received hernia mesh implantation between 2000 and present
• Your mesh was manufactured by a defendant company (including C.R. Bard, Ethicon, Atrium, or other manufacturers named in current litigation)
• You experienced serious complications within 1-5 years of your surgery
• You required medical treatment, hospitalization, or revision surgery for these complications
• You can provide medical documentation linking your injuries to the hernia mesh implant
• You file within your state’s statute of limitations (typically 2-6 years from discovery of injury)

Evidence Required for a Hernia Mesh Lawsuit

Building a strong hernia mesh case requires comprehensive documentation that establishes both the use of the device and the resulting injuries. Essential evidence includes:

• Medical records documenting the original implant surgery
• The product stickers page identifies the mesh product, manufacturer, and lot number
• All related post-surgery treatment documentation
• Records of any revision surgeries or mesh removal procedures
• Detailed timeline of symptoms and medical consultations
• Expert medical opinions linking your injuries to the mesh product
• Photos of the mesh if it has been removed during revision surgery
• Detailed symptoms journal documenting pain levels and limitations

Damages You Can Recover

Victims of defective hernia mesh products may be entitled to significant compensation through personal injury lawsuits. Recoverable damages typically include:

• Past and future medical expenses related to complications
• Costs of revision surgeries and ongoing treatments
• Lost wages and diminished earning capacity
• Pain and suffering for physical discomfort
• Emotional distress and psychological trauma
• Loss of enjoyment of life and normal activities
• Punitive damages in cases of manufacturer negligence
• Loss of consortium for impacts on marital relationships

Hernia mesh settlement amounts vary significantly based on injury severity, with average payouts ranging between $50,000 and $1,000,000 in Pennsylvania. The most severe cases involving multiple revision surgeries have resulted in multi-million dollar verdicts.

Hernia Mesh Recall Information

Several hernia mesh products have been subject to recalls due to safety concerns:

Ethicon Physiomesh Flexible Composite Mesh

• Voluntarily withdrawn from global market in May 2016
• Recall reason: Higher than expected rates of hernia recurrence and revision surgeries
• Not technically a recall but a “market withdrawal”

Atrium C-Qur Mesh

• FDA recall in 2013
• Recall reason: Packaging problems leading to the fish oil coating sticking to the packaging
• Class II recall affecting thousands of units

C.R. Bard Composix Kugel Patch

• Multiple recalls between 2005-2007
• Recall reason: Risk of the memory ring breaking and causing bowel perforation
• Class I recall (highest risk level) affecting over 137,000 units

Covidien/Medtronic Parietex Composite Mesh

• Recalled certain lots in 2018
• Recall reason: Risk of mesh tearing during placement
• Affected approximately 50,000 units worldwide

If your hernia mesh has been recalled, this strengthens your legal claim but is not a requirement to pursue compensation. Many successful lawsuits involve products that were never officially recalled.

Statute of Limitations for Hernia Mesh Lawsuits

Time limits for filing hernia mesh claims vary by state. Key limitations include:

• Pennsylvania: 2 years from discovery of injury
• New York: 3 years from discovery of injury
• California: 2 years from discovery of injury
• Florida: 4 years from discovery of injury
• Texas: 2 years from discovery of injury

The “discovery rule” in many states means the clock starts when you knew or should have known that your injuries were related to the hernia mesh. However, this interpretation varies by jurisdiction.

Most states also have a “statute of repose” that creates an absolute deadline regardless of discovery, typically 6-10 years after mesh implantation. Consulting with a hernia mesh attorney is crucial to understand the specific deadlines that apply to your case.

Related Article: Ohio Hernia Mesh Lawsuit

FAQs

1. What are the most common hernia mesh complications?

The most common complications include chronic pain, infection, adhesion formation, mesh migration, bowel obstruction, and organ perforation. These complications often require revision surgery and can cause permanent disability in severe cases, forming the basis for many hernia mesh lawsuits.

2. How much are hernia mesh settlements worth?

Hernia mesh settlement amounts typically range from $50,000 to $1,000,000 depending on injury severity, required revision surgeries, and permanent damages. Factors affecting compensation include medical expenses, lost wages, pain levels, and manufacturer negligence.

3. Is hernia mesh litigation handled as class action or individual cases?

Most hernia mesh cases are consolidated into multidistrict litigation (MDL), not class actions. This allows for efficient handling of similar cases while preserving each plaintiff’s individual claim value based on their specific injuries and circumstances.

4. Can I file a lawsuit if my hernia mesh wasn’t recalled?

Yes, you can file a lawsuit even if your specific hernia mesh product was not recalled. The key is demonstrating that the mesh caused your injuries due to defects in design, manufacturing, or insufficient warnings about potential complications.

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

Hernia mesh lawsuits typically take 1-3 years to resolve, depending on case complexity and court backlogs. MDL bellwether trials help establish settlement values, but individual cases may progress at different speeds based on specific circumstances.

6. What evidence strengthens a hernia mesh lawsuit?

Strong evidence includes surgical records identifying the specific mesh product, documented complications requiring medical intervention, revision surgery reports, expert testimony linking injuries to the mesh, and comprehensive documentation of all related medical treatments.

7. Do I need a specialized hernia mesh attorney?

Working with an attorney experienced in hernia mesh litigation significantly improves your chances of success. Specialized attorneys understand the complex medical issues, have access to expert witnesses, and know the specific arguments that have been successful in similar cases.

8. What manufacturers are named in hernia mesh lawsuits?

Major manufacturers named in lawsuits include C.R. Bard, Ethicon (Johnson & Johnson), Atrium Medical (C-Qur Mesh), Covidien/Medtronic, and B. Braun. Each manufacturer faces different allegations related to their specific product designs and safety issues.

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

Get A Free Pennsylvania Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh injuries. Most states allow only 2-4 years from the date of injury discovery to file a lawsuit, and some claims may be barred after a certain period regardless of when complications were discovered.

Don’t delay in seeking the compensation you deserve. Our experienced hernia mesh attorneys offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or attorney fees
• Payment only if we win your case or secure a settlement
• Comprehensive case evaluation by attorneys specialized in hernia mesh litigation
• Assistance gathering medical records and evidence
• Access to medical experts who can testify about your injuries

The legal team at Schmidt & Clark, LLP stands ready to assist you in navigating the challenges of hernia mesh complications. If you or someone close to you has been affected by a defective hernia mesh, we encourage you to get in touch.Our attorneys have a proven record of successful hernia mesh cases and will provide step-by-step guidance throughout the legal proceedings, while thoroughly assessing your eligibility for filing a hernia mesh lawsuit.

Reference:

1. https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair#What
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025