Hernia Mesh Lawsuit Statute of Limitations | 2025 Latest Updates

If you or a loved one experienced infections, adhesions, chronic pain, perforations, mesh rejection, or hernia recurrence following hernia mesh implantation, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective hernia mesh products.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.

Hernia Mesh Lawsuit Statute of Limitations Overview

The statute of limitations for hernia mesh lawsuits is the legal timeframe within which a victim must file their claim in court.

This critical deadline typically ranges from 1-6 years depending on the state, with most states allowing 2-3 years from the date of injury or its discovery.

Thousands of patients have suffered complications from defective hernia mesh devices, with manufacturers like Ethicon, Atrium, Bard, and Covidien facing numerous lawsuits.

The FDA has issued multiple safety communications regarding hernia mesh products, and understanding your state’s specific filing deadline is essential for preserving your legal rights to compensation.

Latest Hernia Mesh Lawsuit Updates

November 2023 – A notable case against Ethicon resulted in a $500,000 settlement for complications linked to Physiomesh, demonstrating the significant financial liability manufacturers face for defective mesh products.

2023 – A jury awarded $1.2 million to a plaintiff who suffered severe complications from Atrium’s C-QUR Mesh, establishing an important precedent for future hernia mesh cases.

2022 – Bard settled a high-profile case for $1 million after a patient suffered chronic pain and required additional surgeries following mesh implantation, highlighting the substantial damages being awarded in these cases.

2021 – A plaintiff received a $750,000 settlement from Covidien (now Medtronic) after proving that their Parietex Composite Mesh caused significant complications, demonstrating the continued legal liability for mesh manufacturers.

Currently, major manufacturers face thousands of active lawsuits: Ethicon with ongoing trials scheduled for 2024, Atrium with over 3,000 active lawsuits primarily involving C-QUR mesh, Bard facing approximately 5,000 lawsuits with many scheduled for trial in the next year, and Medtronic dealing with several hundred cases related to Parietex products.

FDA Reports and Statistics

The FDA has issued multiple safety communications and collected extensive data on hernia mesh complications:

• The FDA has received thousands of adverse event reports related to hernia mesh implants over the past decade
• Multiple regulatory warnings have been issued about specific hernia mesh products, including design and material concerns
• Several manufacturers have faced FDA scrutiny regarding the safety and effectiveness of their mesh devices
• The FDA has documented a pattern of recurring complications including infections, pain, adhesion formation, and device migration

These reports have highlighted the significant safety concerns surrounding various hernia mesh products and support the claims made in ongoing litigation against manufacturers.

Hernia Mesh Injuries & Side Effects

Hernia mesh complications can emerge soon after surgery or develop years later, affecting the statute of limitations and potentially extending the filing deadline through the discovery rule.

• Infection: Bacterial contamination at the surgical site or internally, potentially requiring additional surgeries and antibiotic treatment
• Adhesion: Mesh adhering to surrounding tissues and organs, causing pain, bowel obstruction, and other serious complications
• Obstruction: Blockage of the intestine or other organs due to mesh complications, leading to severe pain and medical emergencies
• Perforation: Puncturing of intestines or other organs by migrating mesh, causing severe and potentially life-threatening conditions
• Chronic Pain: Persistent discomfort that can be debilitating and significantly impact quality of life
• Recurrence of the Hernia: Failure of the mesh to prevent the hernia from returning, often requiring additional surgical intervention
• Rejection: The body’s immune response to the mesh material, leading to inflammation and other serious health issues
• Allergic Reactions: Hypersensitivity to materials used in the mesh, causing inflammation, pain, and other adverse effects

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent hernia repair surgery with mesh implantation
• You’ve experienced serious complications such as infection, chronic pain, mesh migration, adhesion, perforation, or recurrent hernia
• Your complications required medical treatment, additional surgeries, or hospitalization
• You can provide medical documentation linking your injuries to the hernia mesh
• You file within your state’s statute of limitations timeframe

Importantly, even if your surgery was performed several years ago, you may still qualify under the discovery rule if you only recently discovered complications related to your mesh implant.

Evidence Required for a Hernia Mesh Lawsuit

Before the statute of limitations expires, gather these essential documents to support your claim:

• Medical Records: Detailed documentation of your diagnosis, treatment, and the specific hernia mesh product used during your surgery
• Surgical Records: Documentation of the procedure and the surgeon who performed it
• Post-Operative Records: Documentation of complications, subsequent treatments, and your doctor’s assessment of mesh-related issues
• Receipts for Medical Expenses: Proof of costs related to the surgery and any follow-up treatments
• Lost Wage Evidence: Pay stubs or tax returns showing income lost due to mesh-related injuries
• Correspondence: Any communication related to recalls, warnings, or complications associated with the product

Damages You Can Recover

In a successful hernia mesh lawsuit, you may be able to recover compensation for:

• Medical Expenses: Costs of surgeries, hospital stays, medications, and ongoing treatments
• Lost Wages: Compensation for work missed due to surgeries, recovery, and appointments
• Pain and Suffering: Damages for physical pain and emotional distress caused by mesh complications
• Loss of Quality of Life: Compensation for diminished enjoyment of activities and relationships
• Permanent Disability: Damages for long-term or permanent impairments resulting from mesh complications
• Punitive Damages: In cases of gross negligence, additional compensation may be awarded to punish the manufacturer

Hernia Mesh Recall Information

Several hernia mesh products have been recalled due to safety concerns:

• Ethicon voluntarily withdrew Physiomesh from the market in 2017 after data showed higher reoperation rates compared to similar products
• Certain C.R. Bard mesh products have been subject to recalls due to packaging issues and product defects
• Various other mesh products have faced FDA scrutiny and manufacturer actions in response to safety concerns

If your hernia mesh has been recalled, contact your surgeon immediately to discuss your options, including potential monitoring or removal.

A recall may strengthen your legal claim, but you can still pursue legal action even if your specific mesh product wasn’t formally recalled.

Who Are the Defendants?

The defendants in hernia mesh lawsuits typically include manufacturers, distributors, and sellers of defective hernia mesh devices.

Below is an overview of key manufacturers involved in these lawsuits, including specific products, years on the market, notable cases or settlements, and the current litigation status against each company.

1. Ethicon, Inc.

• Products: Ethicon Physiomesh and Ethicon Prolene Mesh
• Years on the Market: Physiomesh (2010-2017), Prolene Mesh (since the 1980s)
• Notable Cases/Settlements: A notable case resulted in a $500,000 settlement in November 2023 for complications linked to Physiomesh.
• Current Litigation Status: Ethicon faces thousands of lawsuits related to Physiomesh and other products, with ongoing trials scheduled for 2024.

2. Atrium Medical Corporation

• Products: C-QUR Mesh
• Years on the Market: C-QUR Mesh (2006-present)
• Notable Cases/Settlements: In a recent case, a jury awarded $1.2 million to a plaintiff due to severe complications from C-QUR Mesh.
• Current Litigation Status: Atrium is involved in over 3,000 active lawsuits, primarily centered around C-QUR.

3. Bard Davol, Inc. (a subsidiary of C.R. Bard, Inc.)

• Products: Ventralight ST Mesh and PerFix Plug
• Years on the Market: Ventralight ST (2008-present), PerFix Plug (2005-present)
• Notable Cases/Settlements: Bard settled a high-profile case for $1 million after a patient suffered chronic pain and additional surgeries.
• Current Litigation Status: Bard faces approximately 5,000 lawsuits, with many cases scheduled for trial in the next year.

4. Covidien, Inc. (now known as Medtronic)

• Products: Parietex Composite Mesh
• Years on the Market: Parietex Composite (2004-present)
• Notable Cases/Settlements: A plaintiff received a $750,000 settlement after proving that the mesh caused significant complications.
• Current Litigation Status: Medtronic is dealing with ongoing litigation involving several hundred cases related to Parietex.

5. Johnson & Johnson

• Products: Ethicon Physiomesh (also listed under Ethicon)
• Years on the Market: Physiomesh (2010-2017)
• Notable Cases/Settlements: Johnson & Johnson faced significant backlash, leading to a settlement of over $100 million for various claims involving their surgical products.
• Current Litigation Status: The company is involved in multiple lawsuits regarding its hernia mesh products across different jurisdictions.

6. Maquet Holding B.V. & Co. K.G. (now known as Getinge Group)

• Products: ProGrip Mesh
• Years on the Market: ProGrip Mesh (2010-present)
• Notable Cases/Settlements: A recent settlement of $300,000 was awarded to a patient who experienced severe complications after surgery.
• Current Litigation Status: Getinge Group is facing several pending lawsuits related to ProGrip and is actively defending against claims.

It is important to note that the defendants in a lawsuit may vary depending on the particular circumstances and allegations made in the case.

You will also be able to name multiple defendants in a single lawsuit. Consulting with an attorney to determine the potential defendants in a hernia mesh lawsuit is advised.

Related Article: Side Effects of Hernia Repair Surgery

Statute of Limitations for Hernia Mesh Lawsuits

The deadline for filing a hernia mesh lawsuit varies significantly by state:

• 1-Year States: Kentucky and Louisiana have the shortest filing deadlines at just one year from the date of injury or discovery
• 2-Year States: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, and West Virginia allow two years
• 3-Year States: Arkansas, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, Vermont, and Washington permit three years
• 4-Year States: Florida, Minnesota, Nebraska, Utah, and Wyoming provide four years
• 5-Year States: Missouri allows five years
• 6-Year States: Maine and North Dakota have the longest periods at six years

What Is the Discovery Rule?

The discovery rule is a legal principle that may toll or suspend the running of the statute of limitations for hernia mesh lawsuits. Under this rule, the time limit for bringing a legal action does not begin until the plaintiff discovers, or reasonably should have discovered, the facts giving rise to their cause of action.

This principle is particularly relevant in cases involving latent injuries or defects, where the damage or defect may not be immediately apparent.

Specific Examples of the Discovery Rule

• Example 1: A patient had mesh implanted in 2019 but didn’t experience complications until 2022. The discovery rule would start the clock in 2022, meaning the patient would have until 2024 to file a lawsuit.
• Example 2: Another patient underwent surgery in 2018, but symptoms of chronic pain and infection did not manifest until 2021. The discovery rule would allow this patient to file a claim based on the 2021 discovery of complications.

The discovery rule plays a crucial role in hernia mesh lawsuits. It allows plaintiffs to seek justice even if they discover their injuries after the standard statute of limitations has elapsed.

Individuals affected by hernia mesh complications must understand this rule and consult an experienced attorney to protect their rights.

Additionally, certain circumstances may “toll” or pause the statute of limitations:

• If you were a minor when the mesh was implanted
• If you were mentally incapacitated
• If the defendant left the state or country
• If fraud was involved in concealing the defect

Related Articles:

• Hernia Mesh Settlements Explained
• Grounds for Defective Products Claims

FAQs

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for hernia mesh complications. With statutes of limitations as short as one year in some states, waiting too long could permanently bar you from seeking the compensation you deserve for your suffering.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your case and determine applicable filing deadlines
• No upfront costs or fees for our legal services
• Payment only if we win your case or secure a settlement
• Over 20 years of experience representing injured patients against corporations

Don’t risk losing your legal rights due to expired deadlines. Contact us today to understand your options and begin the process of filing your hernia mesh lawsuit before time runs out.

References:

1. https://www.nolo.com/legal-encyclopedia/suing-for-hernia-mesh-failure-what-if-my-symptoms-didnt-show-up-right-away.HTML
2. https://www.consumernotice.org/legal/hernia-mesh-lawsuits/
3. https://www.google.com/amp/s/www.drugwatcher.org/statute-of-limitations-for-filing-a-hernia-mesh-claim/amp
4. https://www.forbes.com/advisor/legal/product-liability/hernia-mesh-lawsuit/