Tennessee Hernia Mesh Lawsuit | 2025 Latest Updates

Tennessee Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits have surged in Tennessee, with patients uniting to seek justice for suffering caused by defective surgical mesh implants designed to repair hernias.

Primary allegations focus on manufacturers including Ethicon, Atrium, Bard, and Gore for inadequate design, manufacturing flaws, and failure to warn of risks.

Tennessee’s Attorney General secured a $2.6 million settlement as part of a multistate agreement where Johnson & Johnson and Ethicon must pay for deceptive marketing practices.

The FDA has emphasized that not every surgical site is fit for mesh and warned about defective manufacturing becoming a legal liability [1].

Tennessee plaintiffs are actively participating in multidistrict litigation (MDL) proceedings with settlement amounts ranging from $65,000 to $1 million per case.

Latest Tennessee Hernia Mesh Lawsuit Updates

• Recent Tennessee Settlement – Tennessee’s Attorney General announced a multistate settlement where Johnson & Johnson and Ethicon must pay for deceptive marketing practices, with Tennessee’s share totaling $2.6 million [2].
• Atrium Global Settlement – Atrium, maker of the C-Qur mesh, has reached a global settlement framework affecting hundreds of plaintiffs. As of late 2024, settlement negotiations and resolution processes were well underway, with some reported average settlement values ranging from $60,000 to $100,000 per case, depending on case specifics and injury severity [3].
• Bard MDL Mediation – Settlement mediator appointed within the Bard MDL suggests potential endgame, with mediation plans in place and new trials being pushed in pursuit of reasonable settlement offers [4].
• Historical Settlements – Bard previously settled Kugel hernia patch lawsuits for millions, though no global settlement has been announced for the ongoing Bard MDL affecting thousands of pending cases [5].

FDA Reports and Statistics

According to the FDA’s 2023 guidance, hernia mesh is a medical device intended to reinforce or close openings left by hernias, predominantly crafted from synthetic materials that act as scaffolding for new tissue growth.

The FDA has documented significant concerns about mesh compatibility and manufacturing defects.

Key Litigation Statistics:

• $2.6 million Tennessee’s share of multistate settlement against Johnson & Johnson and Ethicon
• $184 million Bard’s global settlement for Kugel Mesh lawsuits
• $4.8 million largest individual settlement against Bard
• Over 5,700 lawsuits facing Covidien in Massachusetts state courts
• $65,000-$1 million settlement range for individual cases

FDA Safety Warnings:

• Emphasis that not every surgical site is fit for mesh implantation
• Warning about defective manufacturing becoming legal liability
• Recognition that mesh complications can be life-altering
• Acknowledgment of the importance of surgeon expertise in mesh selection

Tennessee Hernia Mesh Injuries & Side Effects

According to 2020 research by Science Direct, the repercussions of defective hernia mesh are not just discomfort but can be life-altering complications that manifest as serious medical emergencies [6].

These complications often require immediate medical intervention and can lead to additional surgeries.

Serious complications include:

• Chronic Pain and Abdominal Stiffness: Persistent discomfort and rigid abdominal muscles affecting daily activities
• Constipation and Gas Retention: Digestive complications including inability to pass gas normally
• Bowel Obstruction: Serious blockages requiring emergency medical intervention
• Hernia Recurrence and Infection: Return of original hernia with underlying bacterial contamination
• Mesh Migration and Sexual Dysfunction: Device movement from original placement causing intimate complications

Not every surgical site is fit for mesh and emphasizing the importance of a surgeon’s expertise. When things go awry, defective manufacturing can become a legal liability, a stark reminder that with innovation comes responsibility. – The Food and Drug Administration (FDA)

Do You Qualify for a Tennessee Hernia Mesh Lawsuit?

You may qualify for a Tennessee hernia mesh lawsuit if:

• You underwent hernia repair surgery using mesh after January 1, 2006
• You experienced serious side effects including chronic pain, abdominal stiffness, constipation, bowel obstruction, hernia recurrence, infection, or sexual dysfunction
• The injuries required medical treatment, hospitalization, or additional surgeries to correct mesh-related issues
• You can provide medical documentation linking your injuries to mesh products from Ethicon, Atrium, Covidien, or Bard Davol

Qualification Exclusions:

• Surgeries performed before 2006 may exclude you from litigation
• Absence of qualifying injuries may exclude you from litigation
• Non-qualifying manufacturer may exclude you from litigation

Evidence Required for a Tennessee Hernia Mesh Lawsuit

Essential documentation includes:

• Medical Records: Detailed documentation of surgery, imaging studies like X-rays or MRIs, and post-surgical complications.
• Mesh Documentation: Specific details about mesh implant types and operation procedures.
• Personal Testimony: Personal accounts of pain, witness testimonies, and photographic evidence of complications.
• Financial Records: Documentation of medical expenses, lost wages, and other financial impacts.

Damages You Can Recover

Tennessee hernia mesh victims may receive compensation for:

• Medical Expenses: Extensive medical costs incurred from complications and additional surgeries
• Lost Wages: Income lost due to time away from work for treatment and recovery
• Pain and Suffering: Immeasurable physical and emotional distress endured from complications
• Punitive Damages: Financial reprimand for manufacturers’ misconduct in certain cases

Tennessee Hernia Mesh Recall Information

Multiple hernia mesh manufacturers have faced significant legal action and settlements:

• Ethicon: Subject to $2.6 million Tennessee settlement for deceptive marketing practices
• Atrium: Offered substantial global settlement for mesh complications
• Bard: $184 million global settlement for Kugel hernia patch lawsuits
• Gore: Named in multiple lawsuits for mesh product defects
• Covidien: Facing over 5,700 lawsuits in Massachusetts state courts

Statute of Limitations for Tennessee Hernia Mesh Lawsuits

One year from the day the injury was discovered or should have been discovered to file a hernia mesh lawsuit.

Tennessee has one of the shortest statute of limitations periods in the country, making immediate legal consultation essential to preserve your rights.

Related Article: Rhode Island Hernia Mesh Lawsuit Attorney

FAQs

1. What compensation can I expect from a hernia mesh lawsuit?

Compensation can cover medical expenses, lost wages, pain and suffering, and other related costs. The amount varies depending on the severity of the complications and the specifics of the case.

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

The duration of a lawsuit can vary widely, from several months to a few years. It depends on the complexity of the case, the number of plaintiffs, and the court’s schedule.

3. What evidence is needed to support a hernia mesh lawsuit?

Key evidence includes medical records, documentation of the complications, proof of additional surgeries, and expert testimonies. Detailed medical documentation strengthens the case.

4. What is the settlement range for Tennessee hernia mesh cases?

Settlement amounts typically range from $65,000 to $80,000, though extraordinary circumstances can result in awards up to $1 million.

5. How does the MDL process affect Tennessee cases?

Tennessee plaintiffs participate in multidistrict litigation with bellwether trials setting the tone for future settlements, potentially expediting justice through streamlined pretrial proceedings.

6. Which manufacturers are most commonly sued in Tennessee?

Primary defendants include Bard, Gore, Ethicon, and Atrium, with allegations of inadequate design, manufacturing flaws, and failure to warn of risks.

7. What factors influence settlement amounts?

Settlement amounts depend on injury severity, medical expenses, impact on quality of life, and strength of the plaintiff’s case.

8. Can I file a lawsuit if my surgery was before 2006?

Generally, surgeries performed before January 1, 2006, may exclude you from litigation, though individual circumstances may vary.

9. What role do bellwether trials play in Tennessee cases?

Bellwether trials offer glimpses into how juries might respond, influencing negotiation dynamics for thousands of cases and shaping settlement expectations.

10. How does Tennessee’s short statute of limitations affect my case?

Tennessee’s one-year limitation period is among the shortest in the country, making immediate legal consultation crucial to preserve your legal rights.

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

Get Your Free Tennessee Hernia Mesh Lawsuit Evaluation With Our Lawyers

At Schmidt & Clark, LLP, we stand by your side during challenging times. Should you or someone you care about suffer from the repercussions of hernia mesh complications, we are here to assist.

Our attorneys are well-versed in hernia mesh cases and will provide the guidance you need through every step of the legal journey.

We are dedicated to helping you recognize your legal options and assess your eligibility for a hernia mesh lawsuit. Our consultations are complimentary, with no fees charged unless we secure a victory in your case.

References

1. https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair#What
2. https://www.tn.gov/attorneygeneral/news/2019/10/18/pr19-43.html
3. https://www.robertkinglawfirm.com/personal-injury/hernia-mesh-lawsuit/hernia-mesh-settlements/
4. https://www.lawsuit-information-center.com/how-much-compensation-can-you-expect-for-a-hernia-mesh-lawsuit.html
5. https://www.massdevice.com/johnson-johnson-agrees-to-117m-pelvic-mesh-settlement-with-41-states-dc/
6. https://www.sciencedirect.com/science/article/pii/S2666138120300025