Lawsuit Help Desk

Hernia Mesh Lawsuits and Settlements

Did you have an initial mesh implant in 2010 or later that required removal or revision? Any serious complications like a bowel resection/removal or orchiectomy?

If so, there is a high chance you are eligible for a hernia mesh lawsuit and settlement opportunity. Discuss with our leading hernia mesh lawsuit lawyers now.

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Why Are Hernia Mesh Lawsuits Being Filed?

Hernias are well known for recurring frequently. Commonly, hernia mesh is used as a medical device for hernia repair in order to deal with this problem. Apparently, the number of hernia mesh lawsuits is increasing today.

Basically, the mesh is made of synthetic material and is intended to reinforce the injured area and provide additional support in order to avoid recurrence. Hence, it was originally thought that this method is safe, since it has been in use for a number of decades. In other words, the purpose of its widespread use has been to speed up both the surgery and recuperation processes.

Since the 1980s, mesh-based hernia repairs gained popularity due to their efficacy in strengthening hernia repair and reducing the rate of recurrence. By 2000, non-mesh repairs had become a minority technique, accounting for less than 10% of all groin hernia repairs.

In recent years, there have been reports of serious complications associated with hernia mesh implants.

This includes infection and/or tissue death at the implant site as well as pain, inflammation, scarring, and other adverse reactions. Also, these complications may cause further health problems or require additional surgery to repair the hernia.

Basically, some mesh products were composed of materials that were not biologically compatible, leading to the patient’s immune system rejecting it as a foreign object.

Moreover, other mesh products had faulty designs that caused them to abnormally attach and fuse with adjacent tissue.

Basically, the hernia mesh lawsuits claim that the manufacturers’ products have failed. Consequently, this results in severe injuries and the need for additional surgeries. Unfortunately, many manufacturer designs have proven faulty.

Also, plaintiffs argue that these products are defective, insufficiently tested, and manufacturers have not provided adequate warnings to the public about the risk of injury. Further, Severe injuries cited in these lawsuits include bowel obstruction, adhesions, perforation, and fistulas, among others.

Design defects

Generally, these mesh products had similar design defects that led to failure. Among these failures include materials that were not biologically inert and caused the patient’s immune system to reject the mesh, as well as a design flaw that caused abnormal attachment and fusion into adjacent tissue. The result of these defects was severe post-surgical complications. Consequently, it leads patients to require corrective surgery to remove the defective mesh and resulting in many permanent injuries. As a result of these injuries, product liability lawsuits were filed.

According to the FDA, more than one million hernia surgeries are performed annually in the US, with most surgeons using mesh to repair hernias, weakened areas in muscle or connective tissue through which organs or fatty tissue can protrude.

Infections

Patients who receive a defective hernia mesh may experience a range of side effects including infections, intestinal obstructions or adhesions, permanent nerve damage leading to pain, hernia recurrence, and the need for revision surgery to address complications or remove/modify the mesh. 

Surgical intervention is often necessary to correct abdominal wall hernias. Consequently, a surgeon may choose to perform a hernia repair without utilizing a mesh product or may opt for a biologic mesh material, which presents fewer risks compared to many of the synthetic alternatives available in the market today.

Urinary issues

If you have received a hernia mesh, it’s important to watch out for symptoms such as constipation, fatigue, fever, irritable bowel, severe pain, and urinary issues, and report them to your physician immediately. Unfortunately, complications related to hernia mesh can manifest anywhere from days to years after the mesh is implanted. 

Furthermore, several synthetic hernia mesh products were introduced to the market between 2005 and the present. Clearly, these were rapidly approved through the FDA’s 510k clearance process and were manufactured and marketed with little to no studies conducted on their safety. 

Initially, the Food and Drug Administration (FDA) initiated the recall of six hernia mesh devices due to defects in 2005. Basically, the FDA evaluation related hernia mesh with several adverse results.

FDA evaluation

Based on medical devices and scientific literature, the typical adverse events associated with surgical hernia repair, whether with or without mesh include:

  • Infection – Infections are the most commonly reported complication associated with hernia mesh implantation. Bacteria can enter the body through any opening made during the procedure, and can cause a dangerous and sometimes life-threatening infection.
  • Adhesion – The body may also develop adhesions in response to hernia mesh implantation; this is when scar tissue forms around the mesh, causing it to stick to surrounding tissues or organs. This can lead to further complications that require additional surgery for release.
  • Obstruction – Hernia mesh can cause a blockage in the intestines or other organs, leading to severe pain and dangerous complications if not treated promptly.
  • Migration – In some cases, hernia mesh may move out of its intended position. This can lead to irritation and infection as well as organ damage or intestinal problems.

In addition, there have been reports of nerve damage. Further, tissue death, chronic pain, allergic reactions, and even hernia recurrence were also related to defective hernia mesh products.

Yes, the Hernia Mesh lawsuit MDL has more than 18,800 pending cases. Currently, it as the third largest mass tort in the country.

Additionally, 176 more cases have been added to the class action lawsuit against C.R. Bard. Thus, this increased the total number of pending cases in the MDL to 18,403. Interestingly, this represents the largest percentage growth among all mass tort MDLs in the past month.

hernia mesh lawsuit MDL update

The Judicial Panel on Multidistrict Litigation has created three new class action MDLs for consolidated handling: the Bard Hernia Mesh MDL (In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Lit. – MDL-2846); the Ethicon Hernia Mesh MDL (In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Lit. – MDL-2782) (which has recently settled but continues to receive new filings); and Atrium C-Qur Hernia Mesh MDL (In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation – MDL-2753). 

Additionally, three other models, ProLite, Strattice, and ProLoop (manufactured by Atrium Medical Corp.) have recently been the subject of many product liability lawsuits. 

The MDLs are still ongoing, and product liability cases are continuing to be filed against hernia mesh manufacturers. The companies face allegations of manufacturing defective products, failing to warn about possible complications from using the devices, and neglecting to provide adequate instructions for safe implantation. Those affected by the injuries are seeking compensation for medical bills, lost wages, pain and suffering, and more.

Allegations

Given the high number of hernia mesh lawsuits currently pending, it is difficult to predict what the outcome of these cases may be. Plaintiffs accuse C.R. Bard’s polypropylene hernia mesh products were defectively designed and unreasonably dangerous, leading to complications such as infection and organ damage during hernia surgery. It will be up to a jury to decide whether or not C.R. Bard should be held liable for any damages caused by their product. 

Nevertheless, one thing is certain. Hernia mesh lawsuits are becoming increasingly common across the United States and around the world. Hence, thousands more cases expected to follow in the coming months and years.

 

Yes. The MDL reached a global settlement on May 2, 2022, for the Ethicon Physiomesh hernia mesh lawsuit. That MDL class action has 3,617 plaintiffs.

Ethicon has agreed to pay all court costs and fees associated with the MDL class action, in addition to the $120 million compensation fund. . Each individual case will be evaluated on its own merits, so the amount of money each plaintiff receives will be variable depending on their injury or illness.. The settlement requires that each individual case be evaluated on its own merits so the amount of money each plaintiff will receive is variable depending on their injury or illness. Plaintiffs who have undergone hernia mesh revision surgery may be eligible for additional compensation up to $50,000. The estimated range for most claims is from $5,000 to $20,000. A Claims Administrator will process submissions and make payments as soon as possible after May 2, 2022.

2022 settlements

On April 16, 2022, a hernia mesh trial verdict was announced, awarding Antonio Milanesi $250,000 and his wife $5,000. The plaintiff prevailed on the basis of a defective design claim, while Alicia Morz De Milanesi made a loss of consortium claim. While the verdict was not as substantial as some had hoped, it is worth considering the implications of a potential $255,000 settlement for each plaintiff in the larger litigation. If that were to happen, Bard would be facing a $4 billion payout to resolve all hernia mesh lawsuits filed as part of the federal class action. It is worth noting that many of these lawsuits accuse more severe injuries than those suffered by Antonio Milanesi.

2011 settlements

In 2011, C.R. Bard settled 3,000 cases for $184 million related to its Kugel Mesh, which had been recalled by the FDA multiple times between 2005 and 2007. The Kugel Mesh MDL was closed in 2017, yet lawsuits against Bard and its subsidiary DaVol continued to be filed in the years that followed. In June 2017, a federal judge in West Virginia dismissed several of the cases and ruled that all claims against Bard had been resolved for an undisclosed sum.

Vaginal mesh device manufacturers faced a significant number of claims, similar to hernia mesh cases. However, the device eroded inside the patient’s body over time, causing chronic pain, organ damage, and the need for additional surgeries. Thus, over 100,000 lawsuits were filed against the transvaginal mesh manufacturers, resulting in settlements totaling $3 billion.

Do I qualify for hernia mesh lawsuit?

You may qualify to file a hernia mesh lawsuit if you meet these criteria:

  • Initial mesh implant 2010 or later; With medical records: removal; and
  • No medical records: Bowel resection/removal or Orchiectomy (testicle removal). However, if medical records demonstrate a less severe injury, and proof of one of the qualifying mesh leading to injury, we will evaluate those cases as well
man recovering in hospital who's filed a hernia mesh lawsuit
weighing the benefits of hernia mesh lawsuit

What are my legal fees to file a hernia mesh case?

Basically, you don’t have to make any upfront payment!

If our leading hernia mesh lawsuit lawyer accepts your case, the fee will be a contingent one.

This means that the representing law firm will assume the costs. Instead, they will only charge once a settlement is reached or the trial is won.

So, talk to our hernia mesh lawsuit lawyers ASAP!

What is the average payout for a hernia mesh lawsuit?

Our hernia mesh lawsuit lawyers think the average settlement amounts will be $75,000 to $85,000.

But, of course, the more serious cases will have a higher average settlement amount.

celebrating a hernia mesh Lawsuit settlement
lawyer counseling about hernia mesh lawsuit

If I qualify to file a hernia mesh lawsuit, will I owe Lawsuit Help Desk?

Of course not! This is a public service website.

Hence, you have no obligations to us if you’re qualified.

Rather, if we find that you are qualified, our leading hernia mesh lawsuit lawyers will discuss the retention agreement with you.

How long do I have to file my hernia mesh lawsuit?

Take action without delay for yourself and your family. Even if you don’t choose to work with us!

Basically, lagging scientific progress and statute of limitations restrictions can impede your recovery.

Additionally, if you file late, you risk missing essential settlement possibilities.

Therefore, it’s critical to seek legal counsel as soon as possible. Researching the repose and limitations laws of your state will be one of our attorneys’ first tasks for you.

Each state sets its own statutes of limitations (SOL) and statutes of repose (SOR) for each type of damage. 

Basically, these rules prevent litigation from being filed or enforced after certain deadlines which differ depending on the state.

Hence, filing a lawsuit after these deadlines will result in its dismissal. Sadly, you won’t be able to recover anything.

Certainly, it takes time to establish the scientific links between hernia mesh and serious health conditions.

Hence, you should file your hernia mesh lawsuit ASAP to take advantage of the recent links established today.

Talk to our hernia mesh lawsuit legal team now for more details.

Obviously, yes.

This is because to qualify as a recovery victim, your lawyer must have already filed your lawsuit.

Here, our hernia mesh lawsuit lawyers will ensure that you will not miss these opportunities.

lawyers sprinting to file a hernia mesh lawsuit
client contacts lawyer about hernia mesh lawsuit

How to file a hernia mesh lawsuit?

Basically, you just have to contact us for a simple and stress-free process. Do it today!

Also, from now on, save every document our attorneys may need as evidence.

Later on, our lawyers will discuss these in more details with you.

Lawsuit Help Desk: Your One-Stop Solution

Firstly, our approach is different from other legal assistance websites. Instead, we directly connect you to top 1% of U.S. attorneys.

Secondly, we are not middlemen. Our legal team is composed of experienced hernia mesh lawsuit lawyers and litigators! 

So, contact us now.

We aim to educate the public and offer direct access to some of the best hernia mesh lawsuit lawyers.

So, do not expect this to be a call center. Truly, we will respect your time.

Our aim is not to solicit or market. Further, we won’t use robocalls to reach you!

We will simply email if for relevant information such as case status and ongoing research.

Hence, no spammy emails!

Our team of experienced hernia mesh lawsuit lawyers will provide you with the best possible legal advice.

In fact, Lawsuit Help Desk was founded by Cameron Tousi, a leader in the world of complex litigation. He has received the highest distinctions in peer reviews and awards from America’s leading legal publications.

So, if you’d like to speak with Cameron, we’ll make it happen! 

Monthly Status Updates: Hernia Mesh Lawsuits

February 9, 2023

On February 9, 2023, the judge overseeing the Bard hernia mesh class action lawsuit released the pretrial schedule for the third bellwether trial. Plaintiff Robert Stinson Sr.’s claims will be the focus of the trial scheduled on May 15, 2023, with pretrial conferences earlier in that month. Each side has 32 hours to present their case, and the trial is expected to last two weeks. The judge also ordered both sides to propose dates for a fourth bellwether trial later in the year.

If Stinson’s case results in a favorable verdict, it could reset the settlement compensation for Bard hernia mesh claims, similar to the $4.8 million verdict for a Bard mesh victim in a state court in Rhode Island. Even so, Bard is unlikely to allow Stinson’s case to go to trial without first exploring settlement options.

Pre-trial schedule

On the same date, the judge overseeing the Ethicon hernia mesh class action lawsuit released the pretrial schedule for the first bellwether trial. Plaintiff Mary Ann Martinez’s claims will be the focus of the trial scheduled on May 17, 2023, and is also expected to last two weeks, with each side having a total of 32 hours to present their case. Similar to Bard’s MDL, three Ethicon bellwether trials have been scheduled to take place throughout the year that have the potential to reset settlement compensation in these claims.

The Bard hernia mesh MDL has more than 21,000 cases pending before Judge Goodwin in Texas and nearly 10,000 cases pending before Judge Goodwin in Ohio. Five bellwether trials have been scheduled for this year, with the first trial focusing on Stinson’s claims.

Bellwether trials

The Ethicon hernia mesh MDL has over 7,000 cases pending before Judge Goodwin in Texas and nearly 4,500 cases pending before Judge Goodwin in Ohio. Three bellwether trials are scheduled to take place throughout the year, starting with the Martinez case on May 17, 2023.

As settlement talks between defendants Bard and Ethicon and plaintiffs’ attorneys are ongoing, a settlement could be reached before the end of 2023. However, should any of these bellwether trials provide substantial verdicts in favor of the plaintiffs, a settlement could arrive sooner than expected.

January 18, 2023

The C.R. Bard hernia mesh class action lawsuit added 176 new cases over the last 30 days, bringing the total number of pending cases in the MDL to 18,403. This makes it the mass tort MDL with the largest growth by percentage in the previous month. As the next bellwether trial is set for May, settlements remain as speculation and hope.

January 2, 2023

Recently, a new plaintiff fact sheet was adopted in the Covidien hernia mesh MDL in the District of Massachusetts as of January 2, 2023. Each plaintiff must complete and submit this new fact sheet to keep their case pending, with 136 active cases currently in this MDL. There are over 5,000 Covidien hernia mesh lawsuits pending in Massachusetts state court that have been consolidated similarly to an MDL, and efforts are underway to coordinate the discovery in both state and federal proceedings.

Additionally, all plaintiffs must now complete a “verified amended complaint” with additional information about their cases. Further, the document must be filed by April 1, 2023, for cases to remain active in the MDL.

 

Heading into the end of 2022, the number of hernia mesh lawsuits has been steadily increasing, with more than 3,000 total cases now filed.

Also, the Southern District of Ohio federal court is currently handling the majority of these cases, and 15 bellwether trials have been set for early 2023 with jury selection expected to begin soon. Hence, plaintiffs and defendants are closely watching these trials, as they may provide insight into how future cases will be decided.

Bayer’s settlement

Bayer has reached settlement agreements with nine out of 10 plaintiff groups that filed lawsuits over their products, including Physiomesh Flexible Composite Mesh and Parietex Composite Mesh. Basically, the settlements’ details remain confidential, but Bayer has stated that it will pay out over $1 billion to resolve the cases. C.R. Bard and Atrium, other hernia mesh manufacturers, have been in negotiations with plaintiffs over their products but have yet to reach an agreement. Further, as bellwether trials loom, discussions between the parties are likely to intensify in early 2023.

Bard’s class action

Moreover, the number of new cases filed against C.R. Bard’s hernia mesh class action lawsuit has significantly increased. As of December 28, 2022, the MDL has added 273 new hernia mesh cases, bringing the total number of pending cases to 18,227. This represents a 23% increase in growth from the total number of cases in 2021. This growth is particularly significant as the 3rd bellwether trial, which has been postponed from February to May 2023, approaches.

Therefore, the Bard hernia mesh MDL is now the second largest mass tort, only surpassed in size by the massive 3M earplugs MDL. The ongoing growth of the Bard hernia mesh lawsuit underscores the continuing impact of this product on patients, and the ongoing importance of seeking compensation for the harm they suffered.

New cases

Since the FDA issued its first alert in 2016, over 20,000 people have joined hernia mesh lawsuit class action. Also, the number of hernia mesh lawsuits continues to rise. In November 2022, nearly 2,500 new cases were filed in U.S. district courts across the country, alleging device-related injuries due to hernia repair procedures involving hernia mesh products. The majority of these claims accuse manufacturers of failing to meet safety standards or warn about risks associated with using the product.

Physiomesh case

In California, a high-profile bellwether trial involving Ethicon’s Physiomesh began on November 8, 2022, with a 55-year-old woman claiming serious complications after implantation with this product in 2012. The C.R. Bard class action MDL has also been expanding rapidly, with another 166 new hernia mesh injury cases added to the docket, bringing the total number of pending cases to 17,954. This growth is expected to add pressure on Bard’s parent company, Beckton Dickson, to negotiate a comprehensive settlement agreement.

Bard case

As the next bellwether trial is scheduled for February, a positive outcome could encourage reasonable settlement payouts for victims who have been waiting for justice for an extended period. Alternatively, Bard may opt to make a fair settlement offer to avoid another unfavorable verdict. Several new settlements have been announced by Atrium Medical Corporation, Covidien (now Medtronic), and C.R. Bard, Inc., among others, providing compensation for those who have suffered injuries due to hernia mesh products. However, many cases remain unresolved, and the total number of lawsuits is expected to continue rising in the coming months.

Manufacturers of defective hernia mesh products faced over 1,000 new lawsuits filed against them this month, joining hundreds of others filed in state and federal courts across the country since 2018. Multidistrict litigations (MDLs) have been established to streamline pre-trial proceedings for the majority of these cases.

October 28, 2022

Further, Judge Patti Saris in the District of Massachusetts held a status conference for the Covidien hernia mesh MDL. The parties involved reported that approximately 170 Covidien hernia mesh lawsuits are pending in federal courts, with 5,700 cases pending in Massachusetts state courts.

During the conference, the defense proposed coordinating the MDL with the state court cases, but the plaintiffs’ committee objected, citing complex discovery and the need for more time.

October 14, 2022

Basically, the Bard hernia mesh class action’s next bellwether trial was discussed, scheduled to take place in February. Robert Stinson, Sr., a resident of Maine, filed his lawsuit in federal court in Rhode Island, with the Bard Sepramesh IP implanted during a ventral hernia repair surgery in 2014.

Clearly, this will be the first trial involving this permanent hernia mesh implant, made from polypropylene with a protective “hydrogel coating.” Stinson required multiple corrective surgeries due to complications with the Sepramesh.

October 2, 2022

The MDL judge in the Bard hernia mesh class action confirmed the pre-trial and trial schedule for the upcoming third bellwether test trial in the case of Stinson v. C.R. Bard, et al. The trial will begin on February 21, 2023, and the parties will each have a total of 35 hours of trial time.

Moreover, this will result in a trial of approximately three weeks. Also, final Daubert motions are due by October 7, 2022. Stinson’s case has received a lot of attention. And if it goes to trial and the rest of the mesh lawsuits are not settled before February, it may significantly impact the outcome of the Bard hernia mesh class action.

MDL update

As for the MDLs for Ethicon Inc., Atrium Medical Corporation, and C.R Bard Incorporated, they remain active with no significant progress towards settlements or trial dates at this time. Most of the settled cases have occurred in state courts and involve Covidien Products Liability, a division of Medtronic Inc.

At the same time, the Food and Drug Administration (FDA) has issued several new reports highlighting concerns with certain types of hernia mesh products related to infection risks and product design defects. Indeed, these reports may result in additional lawsuits being filed in the near future.

September 1, 2022

During a recent hernia mesh trial in Rhode Island state court, new evidence emerged suggesting that C.R. Bard executives knowingly used a type of plastic, Pro-fax 5623, in its hernia mesh products that its supplier deemed unsuitable for that purpose. Despite warnings from the plastic supplier, Bard executives insisted on using it to make the hernia mesh products as it was the cheapest and strongest material available.

The emergence of this new evidence is a significant development in the ongoing litigation against Bard and may have a significant impact on settlement negotiations. The trial resulted in a new $4.8 million verdict, which, combined with the new accusations, has led some to revise their projected settlement amounts for hernia mesh cases.

New hernia mesh lawsuits

Approximately 2,500 hernia mesh lawsuits have been filed against major manufacturers, including Atrium Medical Corporation, Bard Davol Inc., Ethicon Inc., and Covidien LP, with most of these cases involving accusations of defective design and/or manufacturing resulting in complications such as adhesion, obstruction, and organ perforation due to hernia mesh erosion or breakdown.

MDL update

The majority of these cases have been consolidated into Multi-District Litigation (MDL) presided over by Honorable Judge Stengel in the Eastern District of Pennsylvania, which allows courts to handle similar cases more efficiently while preserving each plaintiff’s right to an individual trial. Discovery on behalf of both parties is currently underway and scheduled to be completed by early 2023.

2022 settlements

So far, settlements have already been reached between plaintiffs and defendants. And numerous bellwether trials have taken place since the establishment of the hernia mesh MDL in 2017. Notably, the Atrium C-Qur Mesh case resulted in a $12 million settlement for the plaintiff. Hence, this creates the much-needed relief for patients who suffered due to defective hernia meshes and setting a precedent for future proceedings in hernia mesh litigation.

August 29, 2022

A municipal worker from Hawaii, Paul Trevino, was awarded $4.8 million by a jury. This was in Bristol County Superior Court in Rhode Island in hernia mesh lawsuit against Bard/Davol. Basically, the jury found that Bard had failed to warn of the defect. Understandably, this verdict is expected to impact ongoing hernia mesh settlement negotiations.

August 28, 2022

At this point, Judge Patti B. Saris held her first monthly status conference with attorneys in the Covidien hernia mesh class action MDL. Interestingly, this is only two months old and already has nearly 100 mesh lawsuits. Over the next few weeks, Judge Saris will focus on appointing attorneys to the plaintiffs’ leadership committee and creating a joint discovery plan and process for selecting bellwether test cases. In sum, the hope is that Bard will settle soon, creating a domino effect where reasonable settlement amounts are offered in these smaller class actions.

August 26-27, 2022

The jury was still out in Trevino v. Bard. This is a state court case in Rhode Island Superior Court.

On August 26, a settlement mediator was appointed by the Bard mesh class action judge. Clearly, this is a significant step towards the global settlement of the C.R. Bard hernia mesh lawsuits.

Also, the appointment was made with the joint agreement of lawyers on both sides to facilitate negotiations, with the hope that a domino effect will occur where other hernia mesh class actions will also fall into place, and a negotiated settlement could be reached before the end of 2022.

August 24, 2022

Earlier, on August 24, the judge in the C.R. Bard Hernia Mesh MDL appointed a settlement mediator. This is to help facilitate negotiations on a global settlement of all remaining cases. Also, this is a significant development as the new mediator was appointed under a joint agreement between the parties.

Further it indicates that global settlement amounts could soon be finalized. Moreover, the class action judge also scheduled two more bellwether trials for February and May of next year. Basically, this provides extra incentive for both sides to reach a settlement compensation deal by the end of the year.

August 4, 2022

During a hernia mesh trial against C.R. Bard in Providence, Rhode Island, it was revealed that Bard claimed to have used a plastic resin in its mesh products. This was even after the plastic supplier had told them it was unsafe.

Similarly, C.R. Bard used a plastic made by LyondellBasell called Pro-fax 6523 in all of its hernia mesh products. It was the cheapest available material that met specifications.

Despite LyondellBasell deeming Pro-fax 6523 unfit for permanent implantation inside the body and expressly prohibiting buyers from using it in hernia mesh products, C.R. Bard knowingly ignored this. If these accusations are true, they could swing the momentum in the C.R. Bard class action MDL.

Hence, the MDL judge also scheduled two more bellwether trials for February and May 2023, giving Bard extra incentive to offer reasonable settlement payouts for victims before that case goes to trial.

July 29, 2022

Four separate hernia mesh class-action MDLs involve claims against hernia mesh products made by different manufacturers. The Covidien MDL, the most recent one, has 85 plaintiffs with pending cases as of July 15, 2022. Similarly, many of these plaintiffs claim that the Parietex hernia patch implant was defective. This was due to the absorbable barrier and the polyester fibers. Consequently, it caused the patch to migrate out of position or fail at an abnormally high rate.

Between June 15 and July 15, 2022

There were 216 new hernia mesh lawsuits transferred into the C.R. Bard hernia mesh MDL. Hence, the total case count is now 17,195. Also, the recent influx of new filings could be in response to rumors that a global settlement agreement may soon be in the works, and lawyers are filing cases in advance of those negotiations.

Further, he updates also discuss the appeal of Antonio Milanesi’s verdict in the C.R. Bard Hernia Mesh MDL. The MDL judge denied motions filed by both sides seeking to undo the $225,000 verdict awarded in the second bellwether trial back in April.

Moreover, the verdict pleased no one. Clearly, the defendants claim that the plaintiffs had failed to present adequate evidence of causation. On the other hand, the plaintiffs wanted a new trial because they didn’t think the jury awarded enough damages. The bellwether verdict will stand unless overturned on appeal.

Bard hernia mesh lawsuit

The Bard hernia mesh class action judge also denied the defendant’s request for a docket control order, which would have put pressure on plaintiffs to marshal evidence to support their case, including possibly expert testimony. Plaintiffs’ lawyers saw this as a wildly premature request that would put an undue burden on plaintiffs and their attorneys.

Bard’s actions are likely a good sign that it may soon offer reasonable settlement amounts to resolve the hernia mesh cases. Defendants do not want to pay plaintiffs who they cannot fully verify have suffered injuries that would warrant a settlement compensation payout. Settlement talks have stalled in the hernia mesh lawsuits with Bard, despite the company already agreeing to settlement payout amounts for a large number of hernia mesh lawsuits in Rhode Island.

New hernia mesh lawsuits

As new hernia mesh lawsuits against Bard continue getting filed around the country and transferred into the MDL, C.R. Bard seeks a docket control order in the ongoing hernia mesh MDL. In the last week of June 2022, ten more Bard hernia mesh lawsuits were transferred into the MDL class action. Four of the new mesh lawsuits came from the District of Rhode Island, and six came from the District of Minnesota.

June 20, 2022

C.R. Bard filed a request to the court to issue a docket control order to reduce the number of new lawsuits. Also, the company claims that an influx of new cases has been filed in recent months. Evidently, many of these hernia mesh lawsuits have weaker claims than those filed in previous phases. Further, the company argues that a docket control order is necessary to limit the number of meritless claims.

Moreover, the order would require all plaintiffs to provide proof of medical diagnosis or compensable injury, which would be an affidavit from a qualified surgeon attesting that the plaintiff’s injury is connected to the Bard mesh implant.

Summary Judgment

The order would also require the plaintiff’s counsel in all cases to certify that certain screening criteria have been met. Furthermore, the plaintiffs are strongly opposing the docket control order. They claim that the relief requested is unjustified, overly burdensome, and unprecedented. Moreover, the defense is seeking a “de facto summary judgment.” On Friday, the defense submitted a reply suggesting that managing the MDL would outweigh the burden on plaintiffs.

June 14, 2022

C.R. Bard and Davol asked the MDL judge to issue a “docket control order” to reduce the number of new mesh lawsuits coming into the MDL. The plaintiffs strongly opposed the order. Interestingly, they argue that it would curtail the rights of prospective plaintiffs.

Further, the docket control order would require all plaintiffs to produce “proof of medical diagnosis or compensable injury” to avoid dismissal, which would be an affidavit from a qualified surgeon attesting that the plaintiff’s injury is connected to the Bard mesh implant. Also, the order would also require the plaintiff’s counsel in all cases to certify that certain screening criteria have been satisfied.

Basically, Bard argues that managing the MDL would justify the burden on plaintiffs. But the opposition claims that the relief requested is unjustified, overly burdensome, and unprecedented.

June 1, 2022

Plaintiff Antonio Milanesi’s lawyers submitted a response opposing C.R. Bard’s post-verdict JMOL (judgment as a matter of law) motion. Milanesi’s legal team argued that the JMOL motion repeated the same arguments.

Furthermore, the response also claimed that Milanesi had provided sufficient evidence to prove that the VentraLex hernia mesh product in question was defective, and the accused defects in the mesh had been supported by “competent expert testimony” as required under Florida law.

Thus, the response serves as a legal defense against Bard’s motion to set aside the verdict and enter judgment in its favor.

May 28, 2022

The judge presiding over the Strattice hernia mesh lawsuits issued an order on May 28, 2022, outlining specific rules and protocols for the preservation and testing of physical evidence. Both parties jointly proposed the rules to address issues that arose in previous hernia mesh MDLs. The order focuses on the preservation of explanted mesh implants and tissue samples from plaintiffs who undergo corrective surgery.

May 24, 2022

On May 24, 2022, following the $250,000 verdict in the 2nd bellwether trial in the C.R. Bard hernia mesh MDL, both C.R. Bard and the plaintiffs filed motions challenging the outcome. C.R. Bard filed a post-verdict motion for judgment as a matter of law, arguing that the plaintiffs failed to prove design defect or causation under Florida law. Meanwhile, the plaintiffs filed a motion for a new trial on damages, claiming that the court did not properly instruct the jury, leading to a negative impact on the damages calculation.

May 23, 2022

As of last week, May 23, 2022, the Ethicon hernia mesh litigation has been in a slow winding-up phase following the global settlement recently brokered. In the C.R. Bard MDL, there were 16,803 active cases pending, but there has been almost no activity in the last month since the 2nd bellwether trial verdict. Similarly, in the Atrium Hernia Mesh MDL in New Hampshire, there are 3,267 pending cases as of May 16, but with little or no activity in the MDL.

May 2, 2022

A global settlement was reached in the Ethicon Physiomesh hernia mesh lawsuit in the MDL, which had 3,617 plaintiffs. This development is significant for those who have brought a C.R. Bard hernia mesh lawsuit or a lawsuit against any other mesh defendant, as it creates more momentum toward settlement and helps set settlement amounts. As of May 2, 2022, there was no trial date set for the next hernia mesh trial in the MDL class action.

The number of individuals filing hernia mesh lawsuits has been on the rise with the latest developments.

Currently, both state and federal courts nationwide have received over 1,000 new cases since last month. Also, major manufacturers like Johnson & Johnson and Bard are facing these suits that accuse them of negligence in designing and manufacturing their products.

April 13, 2022

At this time, the defendants rested their case after calling Dr. Kevin Gillian as a witness. Dr. Gillian, who has a consulting relationship with Bard, played a lead role in Bard’s efforts to blame the original surgeon who chose the large Ventralex. Meanwhile, Kimberly Trautman, an expert on medical device regulations, testified on April 8th.

April 7, 2022

The plaintiff rested their case after Dr. Ciavalella’s testimony was concluded. Then, Bard called Maureen Reitman as a witness. Evidently, she has a long history of testifying against hernia mesh victims. On April 1st, Dr. Gill finished his testimony. Also, Dr. Michael Beatrice testified about the defendant’s failure to track complaints involving the Ventralex device and controls and testing of the product.

In other hernia mesh news, a motion to create a new hernia mesh lawsuit class action was denied in the Atrium ProLoop and Prolite suits on April 7th. On April 5th, Dr. Beatrice’s testimony concluded.

MDL update

The majority of claims involve pain, infection, and bowel obstruction, which can cause significant physical suffering and financial burden for those affected by hernia mesh-related problems. Hence, the plaintiffs allege that the manufacturers knowingly put a product on the market with defective designs that made them prone to failure and caused serious harm to those who used them.

As of the moment, many of the cases are being combined into a multidistrict litigation (MDL). Clearly, this allows plaintiffs to centralize their claims and streamlines the process for both parties. Currently, there are over 4,000 separate claims consolidated in the MDL with new ones added every day.

March 31, 2022

Currently, the trial in the ongoing MDL class action lawsuit against C.R. Bard. This was regarding their hernia mesh products heard testimony from the following:

  • Mr. Darois, called as a hostile witness
  • Plaintiff’s wife
  • Dr. Karanbir Gill, the surgeon who selected and utilized the Ventralex Hernia Patch to repair the plaintiff’s umbilical hernia. Dr. Gill’s testimony was particularly significant because of his crucial role in the plaintiff’s surgery.

March 30, 2022

The trial heard more testimony from Roger Darois. Apparently, he was called as a hostile witness by the plaintiff’s attorneys on the sixth day of the trial.

Evidently, Darois had written as a Davol executive that suppliers like Chevron Phillips “will likely not be interested in a medical application due to product-liability concerns.” Hence, this was seen as a stunning thing to say.

Also, he also asked for secrecy that Davol/Bard was using in humans. Also, he said, “It is likely they do not know of our implant application. Please do not mention Davol’s name in any discussion with these manufacturers.”

March 26, 2022

Here, Dr. Jimmy Hays and Stephen Eldridge testified. Dr. Hays stated that injuries like the plaintiff suffered were caused by the ST coating of the Ventralight ST reabsorbing too quickly and exposing bare polypropylene.

Meanwhile, Eldridge’s testimony was about what Bard knew and when they knew it. Plaintiffs’ attorneys presented evidence through Dr. Krpata and Dr. Hays of specific and general causation.

March 24, 2022

Plaintiff’s lawyers played more of Daniel LaFever’s videotaped deposition, and Dr. David Krpata from the Cleveland Clinic testified as an expert witness in hernia surgery.

Dr. Krpata also stated that polypropylene mesh and implanted expanded polytetrafluoroethylene contract at different rates. Moreover, the Ventralex’s memory recoil ring does not have the rigidity to control the buckling, which leads to complications, according to Dr. Krpata and countless other experts.

March 23, 2022

At this point, both the plaintiff and defendant’s attorneys gave their opening statements, and former Davol President Daniel LaFever gave videotaped testimony. On March 22, 2022, a jury was picked for the trial, consisting of eight Ohio jurors who would decide this hernia mesh lawsuit using Florida law.

March 16, 2022

There were 16,437 plaintiffs in the Bard hernia mesh class action lawsuit in Ohio. And they eagerly await the outcome of the next Bard hernia mesh lawsuit, which will go to trial next week. Clearly, plaintiff’s hernia mesh lawyers hope to prove gross negligence to receive punitive damages under Florida law.

February 23, 2022

Covidien announced its efforts to consolidate the growing number of lawsuits involving its hernia mesh implants (Parietex and Symbotex) into a new MDL. Currently, the company identified 73 active cases alleging defects in the implants.

Further, it renewed its petition, which was previously rejected by the JPML in June 2020. The report suggests that Covidien is most likely to offer reasonable settlement amounts through a class action for these cases.

February 17, 2022

A design defect in the Atrium Prolite and Proloop mesh implants was claimed in a growing number of surgical mesh lawsuits filed. In December, a group of plaintiffs petitioned the JPML to consolidate the cases into a new MDL in California. Unlike Covidien, Atrium opposed the request for an MDL class action and filed a response. This week, the JPML scheduled a hearing to determine whether a new hernia mesh class action lawsuit will be created.

February 1, 2022

A new study was published, supporting the arguments of plaintiffs’ hernia mesh lawyers regarding the defects in defendants’ hernia mesh products. The update does not provide more information about the study or the specific defects it highlights.

The next bellwether trial in the C.R. Bard Hernia Mesh MDL was scheduled for January 10, 2022. This was according to an update from January 3, 2022.

New hernia mesh lawsuits

Antonio Milanesi filed a lawsuit against C.R. Bard claiming that his injuries and suffering could have been avoided if he had not used Bard’s defective Ventralex device. However, in a later update on January 15, the Milanesi trial was postponed and rescheduled for March 22, 2022.

Further Mr. Milanesi’s case accuses severe complications caused by Bard’s hernia mesh implant. Ten years after the Ventralex mesh device was implanted, Mr. Milanesi required surgery to address what doctors thought was a recurrent hernia.

During the procedure, surgeons found that he had bowel erosion with a fistula and adhesions, requiring the surgeon to perform a bowel resection, removing parts of his colon.

Side effects

Nevertheless, the surgery did not solve his problems, and he was taken back to the hospital. Later, he was diagnosed with a small high-grade postoperative bowel obstruction, which necessitated emergency surgery. Then, the doctor found that a loop of small bowel was densely adherent to the overlying mesh.

Apparently, an erosion of the bowel was evident in an abscess cavity involving a portion of the mesh. This exposed the polypropylene that caused an area of adherence.

Hence, plaintiffs’ attorneys selected the Milanesi trial to push towards trial, unlike the first bellwether trial, which was a defense pick. Over the summer, the defendants sought to avoid this trial altogether by filing a motion for summary judgment in the case, which the MDL judge denied, clearing the way for the case to be decided by a jury as scheduled.

Remaining hernia mesh lawsuits

Furthermore, the verdict for the plaintiff in this case could facilitate a global settlement of the 8,000 remaining hernia mesh lawsuits. However, a defeat would not be helpful towards forcing Bard to pay reasonable settlement amounts in the outstanding hernia mesh lawsuits pending in the MDL class action.

Indubitably, the outcome of this test trial is expected to be much more favorable for the plaintiffs than the first bellwether trial, which ended in a defense verdict.

News & Articles

Unmasking Paxlovid: The Game-Changer in COVID-19 Fight, Its Potential Risks and Comparative Analysis with Tamiflu

Unmasking Paxlovid: The Game-Changer in COVID-19 Fight, Its Potential Risks and Comparative Analysis with Tamiflu

The FDA-approved oral antiviral medication, Paxlovid, is a promising tool against COVID-19. By inhibiting pivotal enzymes, it reduces hospitalization and death in high-risk patients. Unlike Tamiflu, Paxlovid specifically targets SARS-CoV-2 and is most effective within five days of symptom onset. It may also counter Omicron subvariants. However, it carries potential risks and side effects, and interactions with other medications require professional consultation. Paxlovid is not a cure-all, but a significant addition to existing preventive measures: vaccination, mask-wearing, and regular testing. This drug enhances an inclusive strategy for COVID-19 prevention and treatment.

Full article here: https://medium.com/@lawsuithelpdesk/unmasking-paxlovid-the-game-changer-in-covid-19-fight-its-potential-risks-and-comparative-1dd1a4539f44

Unmasking the Mysteries of Hernia Repair: Your Ultimate Guide to the Revolutionary Techniques and Procedures

Unmasking the Mysteries of Hernia Repair: Your Ultimate Guide to the Revolutionary Techniques and Procedures

"🚑 Navigating the maze of #HerniaRepair? Our latest blog article, "Unmasking the Mysteries of Hernia Repair: Your Ultimate Guide to Revolutionary Techniques and Procedures”, is your ultimate guide! 📚

We explore open and laparoscopic techniques 🩺, looking at the approaches of herniorrhaphy and hernioplasty. But what about more challenging hernias? We unwrap the Stoppa procedure and reveal how it's helping to combat recurrence rates. 📈

We also dive into alternative surgical procedures, from Laparoscopic Preperitoneal Mesh Repair to Nissen Fundoplication. 🧪 And with the future fast approaching, we look at upcoming trends such as robotic surgery 🤖 and biosynthetic meshes.

Want to know more about the manufacturers like Ethicon and Medtronic, who reportedly supply medical devices used in these procedures? Curious about the implications of these techniques on patient care? 💡

Our article has all the answers. As a leading #MassTortLawyer, I believe in staying informed about the latest developments in the medical field. Because knowing more, means caring better. 💼👩‍⚖️

Join me in this journey of discovery. Let's unmask the mysteries of hernia repair together. And remember, if you or a loved one have been a victim of a #MassTort, feel free to reach out. We're here to help. 💪🏽✨

#LawsuitHelpDesk #KnowYourRights #MedicalLawsuit #HerniaRepair"

P.S.: The information provided is based on reports and allegations from various sources, including the manufacturers themselves. Stay tuned as we continue to explore and bring light to such important topics.👁‍🗨🔍

Read more here

Unmasking the Mysteries of Hernia Repair: Your Ultimate Guide to the Revolutionary Techniques and Procedures

👩‍⚖️🏥 Are you aware of the complexities tied to hernia repair procedures? Our latest blog post, "Unmasking the Mysteries of Hernia Repair: Your Ultimate Guide to Revolutionary Techniques and Procedures," delves into the fascinating realm of hernia repair surgery.

🔍 We explore common procedures like open hernia repair and laparoscopic hernia repair. These procedures are pivotal to successful hernia repair, yet each carries unique challenges. Did you know manufacturers like Ethicon and Medtronic reportedly provide devices used in these procedures?

🚀 We also cover specialized techniques like the Stoppa procedure, used for particularly challenging hernias. This procedure has shown success in reducing the recurrence rate, but is it without its own set of unique complications?

📚 Our comparative study between Herniorrhaphy and Hernioplasty further illuminates the surgical intricacies involved in hernia repair. Both procedures have their advantages and potential drawbacks, and the choice of procedure often depends on a variety of patient-specific factors.

🔬 Beyond the ordinary, we delve into alternative surgical procedures and techniques used for specific types of hernias.

⚖️ Finally, we discuss the future of hernia repair, exploring developments such as robotic surgery and biosynthetic meshes. But as we embrace these advancements, we also question their long-term effects and implications for patient access.

🤔 So, are manufacturers adequately testing new technologies before introducing them to the market? What are the long-term effects of these devices, and how do they impact patient care? Check out our blog post for a deeper look into these pressing questions.

👉 Remember, knowledge is power. Stay informed and ensure the best possible care is provided to all hernia patients.

#herniarepair #lawsuit #settlement #medicallitigation #patientadvocacy 🚑⚖️👩‍⚖️🔬💼

Read more here

By Way of Background

In recent years, hernia mesh surgeries have come under fire for the post-surgical complications that patients have experienced. These complications can range from minor to life-threatening, and they have prompted a number of lawsuits against the manufacturers of hernia mesh implants. In this blog post, we’ll take a look at the reasons why hernia mesh surgeries have led to post-surgical complications, describe the complications that patients have had, and explain the hernia mesh lawsuits that have arisen because of these complications.

Hernia mesh as a type of surgical implant for hernias.

Hernia mesh is a type of surgical implant used to repair hernias. The most common type of hernia is an abdominal hernia, which occurs when a weak spot in the abdominal wall allows internal organs or tissue to bulge through. Hernia mesh is used to reinforce the weak spot and prevent further herniation.

The mesh is made of synthetic materials, such as polypropylene, and is designed to reinforce the weakened area of the abdominal wall. Hernia mesh is usually placed over the hole in the abdominal wall, and then held in place with surgical staples or dissolvable sutures. In some cases, the mesh may be placed directly into the hole in the abdominal wall. Meshes are not a new technology, and have been used for many years. However, there have been reports of complications associated with hernia mesh, such as infection and pain.

Hernia mesh materials

Hernia mesh can be made from a variety of materials, including synthetic or biologic substances.

Synthetic hernia mesh is typically made from polypropylene, while biologic hernia mesh, made from collagen or tissue, is usually made from donating human or animal tissue. Both types of hernia mesh have been considered to have their own advantages and disadvantages. Synthetic hernia mesh has been used because it was considered less likely to cause an immune reaction. Biologic hernia mesh was used because it is less likely to shrink or deform like synthetic mesh, but it is more likely to cause an immune reaction. Doctors have generally thought that the type of hernia mesh best for a particular patient depends on many factors, including the size and location of the hernia, the patient’s age and health, and the doctor’s preference.

Post-Surgical Complications 

In recent years, hernia mesh surgeries have come under fire for the post-surgical complications that patients have experienced. These complications can range from minor to life-threatening, and they have prompted a number of lawsuits against the manufacturers of hernia mesh implants. In this blog post, we’ll take a look at the reasons why hernia mesh surgeries have led to post-surgical complications, describe the complications that patients have had, and explain the hernia mesh lawsuits that have arisen because of these complications. 

The first reason why hernia mesh surgeries have led to post-surgical complications is due to the way in which the surgery is performed. Hernia mesh surgery is a minimally invasive surgery, which means that surgeons make small incisions in order to implant the mesh. However, because the incisions are small, there is a greater risk of surgery causing internal damage or perforations. 

The second reason why hernia mesh surgeries have led to post-surgical complications is due to the materials used in the implants. Hernia mesh implants are usually made from synthetic materials, such as polypropylene or polyethylene. These materials can cause an immune reaction in some patients, leading to inflammation and scarring. In some cases, this reaction can be so severe that it leads to organ damage or failure. 

The third reason why hernia mesh surgeries have led to post-surgical complications is due to manufacturing defects. In some cases, hernia meshes have been defective from the start, leading to problems after surgery. For example, some meshes have been made with rough edges that can cause irritation and pain. Other meshes have been made with faulty adhesive that can cause loss of tissue or infection. 

Lawsuits from Debilitating Injuries

Because of these reasons, patients who have undergone hernia mesh surgery may experience a variety of post-surgical complications including pain, infection, scarring, organ damage, and more. These complications can be extremely debilitating and even life-threatening. As a result, many patients who have suffered from these complications have filed lawsuits against the manufacturers of hernia meshes. 

Thousands of lawsuits allege that the manufacturers knew or should have known about the risks associated with their products but failed to warn patients or provide adequate instructions for safe use.

In Conclusion

Hernia mesh surgery is a minimally invasive procedure that has led to post-surgical complications for many patients. These complications can range from minor to life-threatening and they have prompted lawsuits against the manufacturers of the meshes.

We recommend that individuals injured by a hernia mesh or their loved ones complete our settlement form, and we can connect you with a leading, experienced attorney as soon as possible to discuss legal options. 

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