Rhode Island Hernia Mesh Lawsuit | 2025 Latest Updated

Rhode Island Hernia Mesh Lawsuit Overview

Target manufacturers of surgical mesh devices used in hernia repair surgeries that allegedly caused severe complications in patients.

These legal actions claim that companies like C.R. Bard, Ethicon, Covidien, and Atrium Medical Corp designed defective products and failed to adequately warn patients and doctors about potential risks.

With over 25,000 lawsuits currently pending in various multidistrict litigations across the country, recent verdicts have included significant awards, including a landmark $4.8 million verdict in Rhode Island state court against Bard for defective design and failure to warn.

Related: Bard hernia mesh lawsuits

Latest Rhode Island Hernia Mesh Lawsuit Updates

• March 2024 – Judge Sargus has canceled the fourth bellwether hernia mesh trial originally scheduled for April 2024, shifting focus to global settlement negotiations. A settlement master has been appointed and mediation sessions are scheduled, with a deadline of May 24, 2024, after which cases may be remanded back to local federal courts for individual trials if no settlement is reached.
• February 2024 – The Bard hernia mesh MDLs continue to grow, with approximately 200 new lawsuits added last month, bringing the total to over 21,000 cases in the bard hernia mesh class action. This makes it the second largest active MDL in the country, reflecting the ongoing concerns surrounding hernia mesh devices.
• January 2024 – Previous bellwether trials have established significant precedents, with jury awards ranging from $255,000 to $500,000. The most substantial verdict came from Rhode Island Superior Court, where a jury awarded $4.8 million in the Trevino case against Bard for defective design and failure to warn.

What Is Hernia Mesh?

According to a 2023 notice from the FDA, hernia mesh is a net-like medical device implanted during hernia surgery to provide additional support to weakened tissue [1].

While hernia surgeries are common and often successful, the introduction of surgical mesh has introduced a host of complications for some patients.

The mesh, designed to be a permanent solution, can become the source of severe and persistent health issues when it’s derived from defective designs or materials.

The catalyst for many legal actions stems from the use of non-biologically inert materials like polypropylene in hernia mesh implants, which have been linked to an array of complications.

One of the most serious allegations in these lawsuits is Bard’s use of a plastic resin, Pro-fax 6523, in its mesh products against the explicit recommendation of the resin’s supplier, suggesting a knowing disregard for patient safety.

Hernia Mesh Injuries & Side Effects

According to DrugWatch, the complications detailed in hernia mesh lawsuits are severe and often life-altering, affecting thousands of patients across the country [2].

• Chronic Pain: Persistent pain that can significantly impact quality of life, often requiring ongoing medication or additional surgeries.
• Adhesions: Scar tissue that causes organs to stick together, potentially leading to severe pain and further complications.
• Bowel Obstruction: Blockage in the intestines that can cause severe abdominal pain, vomiting, and may require emergency surgery.
• Mesh Migration: Movement of the mesh from its original placement site, potentially damaging nearby organs and tissues.
• Infection: Bacterial contamination that can lead to systemic illness, often requiring lengthy antibiotic treatment or mesh removal.
• Hernia Recurrence: Failure of the repair, necessitating additional surgeries and prolonging recovery.
• Revision Surgeries: Additional operations to remove damaged mesh and repair resulting complications.

These complications can occur months or even years after the initial surgery, making the connection between the implant and subsequent health issues difficult to recognize without medical expertise.

Do You Qualify for a Hernia Mesh Lawsuit in Rhode Island?

You may qualify for a hernia mesh lawsuit if:

• You had hernia repair surgery with mesh on or after January 1, 2006.
• You are experiencing symptoms and pain that can be attributed to the hernia mesh implant.
• You required revision surgery to remove or repair the hernia mesh.
• You can identify the brand and manufacturer of the mesh used in your surgery.

The manufacturer of your mesh is crucial information that determines the target of your lawsuit.

Common manufacturers named in hernia mesh lawsuits include:

• Ethicon
• C.R. Bard
• Covidien
• Atrium Medical Corp

As of March 2024, over 25,000 hernia mesh lawsuits remain pending across multiple MDLs. Varying compensation estimates range from around $60,000 to $1 million based on individual case specifics. – Jayne Conroy, Trial Attorney and a Named Partner at Simmons Hanly Conroy LLP.

Evidence Required for a Hernia Mesh Lawsuit

Building a strong hernia mesh case requires substantial evidence that connects your injuries directly to the defective medical device.

The following types of evidence are typically necessary:

• Medical Records: Documentation of your original hernia surgery, the type of mesh used, and subsequent complications or treatments.
• Surgical Notes: Details about the specific mesh product implanted, including brand, model, and lot number.
• Revision Surgery Documentation: Records from any additional surgeries performed to address complications.
• Medical Bills: Evidence of financial impacts related to mesh complications.
• Expert Testimony: Medical professionals who can connect your injuries to the defective mesh product.

Damages You Can Recover

Successful hernia mesh lawsuits may provide compensation for various types of damages, including:

• Medical Expenses: Coverage for surgeries, hospital stays, medications, and ongoing treatments.
• Lost Wages: Compensation for work missed due to complications and recovery time.
• Pain and Suffering: Damages for physical pain and emotional distress caused by mesh complications.
• Loss of Quality of Life: Compensation for diminished enjoyment of life and limited abilities.
• Punitive Damages: Additional compensation in cases where manufacturers showed gross negligence.

Hernia Mesh Lawsuit Settlement Amounts in Rhode Island

Recent verdicts in hernia mesh cases have been significant, setting benchmarks for future hernia mesh settlement amounts.

Notable outcomes of a hernia mesh settlement include:

• $4.8 million awarded in the Trevino case against Bard for defective design and failure to warn
• $255,000 awarded in the Milanesi case
• $500,000 awarded in the Stinson case

These verdicts further solidify Bard’s pattern of losses and the potential for substantial compensation for plaintiffs.

The court’s push for mediation, with scheduled sessions and deadlines, indicates a concerted effort to resolve the litigation and hints at the potential for settlements beyond the courtroom.

With over 21,000 lawsuits alleging defective hernia mesh devices within the Bard hernia mesh MDL alone, the range of potential compensations is vast.

Individual settlements will likely vary based on factors such as severity of injuries, medical expenses incurred, and impact on quality of life.

The Role of Multidistrict Litigation (MDL) in Hernia Mesh Cases

Multidistrict litigation has played a pivotal role in hernia mesh lawsuits. The Bard hernia mesh MDL, as the second largest active MDL in the country, demonstrates the scale of this issue.

Key aspects of the MDL process include:

• Consolidation of similar cases for more efficient pretrial proceedings.
• Selection of bellwether trials to establish precedents for remaining cases.
• Shared discovery processes that reduce redundancy and costs.
• Facilitation of global settlement negotiations.

The bellwether trials within these MDLs have varied in outcomes but consistently point to the potential for significant awards for plaintiffs.

These trials serve as barometers for future settlements and provide a framework for the compensation that plaintiffs might expect.

Statute of Limitations for Hernia Mesh Lawsuits in Rhode Island

The statute of limitations on filing a hernia mesh lawsuit is governed by state law and typically follows the ‘discovery of harm’ rule.

In Rhode Island, plaintiffs generally have up to three years to file their lawsuit from the time they became aware, or should have become aware, of the injury caused by the hernia mesh.

This three-year window provides some flexibility, acknowledging that complications may not become apparent immediately after hernia mesh surgery.

However, it’s crucial to consult with an attorney as soon as possible after discovering potential mesh-related injuries, as waiting too long could permanently bar your right to compensation.

Different states may have different timeframes, so it’s essential to understand the specific limitations that apply to your case based on your location.

Filing a Hernia Mesh Lawsuit in Rhode Island

Embarking on a hernia mesh lawsuit requires the guidance of a proficient attorney. The process typically involves:

1. Initial Consultation: Discussing your case with an attorney to determine eligibility.
2. Filing a Complaint: Formally initiating the bard hernia mesh lawsuit against the manufacturer.
3. Discovery Phase: Gathering evidence, including medical records and expert testimony.
4. Pre-trial Motions: Legal arguments that may shape the direction of the case.
5. Settlement Negotiations: Potential resolution without a trial.
6. Trial: If necessary, presenting the case before a judge or jury.

Throughout this process, hernia mesh attorneys play a crucial role in representing the patient’s interests, whether at the negotiation table or in the courtroom.

FAQs

1. What is the current status of hernia mesh lawsuits?

As of March 2024, over 25,000 hernia mesh lawsuits remain pending across multiple MDLs. The Bard hernia mesh MDL alone has over 21,000 cases, with bellwether trials having resulted in awards ranging from $255,000 to $4.8 million. Current efforts are focused on mediation and potential global settlements.

2. How long do I have to file a hernia mesh lawsuit?

Most states follow a ‘discovery of harm’ rule, which typically allows 2-3 years from when you discovered or should have discovered your injury was related to hernia mesh. In Rhode Island, this period is generally three years, but it’s crucial to consult an attorney promptly as statutes vary by state.

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

Compensation varies based on factors including severity of injuries, medical expenses, lost wages, and impact on quality of life. Recent verdicts have ranged from $255,000 to $4.8 million, with settlement estimates generally between $60,000 and $1 million for individual cases.

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

Signs of a defective mesh may include chronic pain, infection, mesh migration, organ perforation, or hernia recurrence after repair. Medical records from your original surgery will identify the specific mesh used, which your attorney can cross-reference with known problematic products.

5. What role does the FDA play in hernia mesh lawsuits?

The FDA regulates medical devices like hernia mesh but does not always prevent defective products from reaching the market. Adverse event reports and recalls can support your case, but a lack of FDA action does not preclude a lawsuit.

6. Why is it important to act quickly if considering a hernia mesh lawsuit?

Acting quickly is crucial due to the statute of limitations and the potential loss of evidence over time. Early legal consultation ensures that your case is handled properly from the start.

7. How can an attorney help with my hernia mesh lawsuit?

An attorney can navigate the legal complexities, gather necessary evidence, file claims, negotiate settlements, and represent you in court if necessary. They provide expertise and support to maximize your chances of receiving fair compensation.

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

Get a Free Rhode Island Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. With the statute of limitations in Rhode Island generally set at three years from discovery of harm, delaying your claim could permanently forfeit your right to compensation.

The ongoing settlement negotiations in the Bard MDL also create urgency – as cases begin to settle, manufacturers may adjust their settlement strategies or available funds for future claims.

Schmidt & Clark, LLP offers:

• Free, confidential consultations to evaluate your case
• Contingency fee representation – no victory, no fee
• Specialized experience in hernia mesh litigation
• Nationwide representation with local expertise

Don’t wait until it’s too late to seek the compensation you deserve for your suffering and losses.

References

1. https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair#What
2. https://www.drugwatch.com/hernia-mesh/complications/