Hernia Mesh Settlements and Verdicts

As of May 2024, there have been no publicly announced global settlements for the current hernia mesh lawsuits consolidated in multidistrict litigation, or MDL, against manufacturers Covidien, Atrium, C.R. Bard and Ethicon.

Ethicon and Atrium have been settling cases quietly without making the amounts public, but thousands of lawsuits are still pending for plaintiffs whose hernia mesh failed.

Most lawyers don’t give settlement predictions or average settlement amounts in active litigation because trying to gauge these amounts relies on too many factors and there are no guarantees. Any predictions could be misleading to plaintiffs.

Lawyers on both sides typically wait to see what happens during a bellwether — or test — trial to get an idea of potential global settlement values. However, some factors that go into determining settlement amounts may include the severity of injuries, the economic impact of injuries and future medical losses and damages.

It may take about three to seven years for complex litigation such as a hernia mesh lawsuit to settle, according to mass torts and product liability attorney Trent B. Miracle. Hernia mesh lawsuits are considered complex litigation and require extensive preparation and medical evidence.

Because there are thousands of hernia mesh lawsuits in federal litigation, moving them all through court proceedings can take time.

After a case is filed it goes through discovery, where hernia mesh manufacturers and plaintiffs produce medical records and other evidence. This includes getting experts to testify and presenting evidence to the judge. Then, both sides must pick cases that will serve as bellwether cases for trial and select a jury.

The outcome of these typically helps determine when defendants will settle and give both sides an idea of case value. However, the COVID-19 pandemic delayed many of the hernia mesh bellwether trials, so progress has been slow. Mediation talks for a potential C.R. Bard settlement have been going on since February 2024 at the order of Judge Sargus in the Ohio MDL.

You may qualify for a hernia mesh settlement if you were injured by hernia mesh and filed a lawsuit against Ethicon, C.R. Bard, Covidien, Atrium or another mesh maker. The most recently announced global settlements are for people who filed lawsuits against Ethicon and Atrium/Getinge Group.

“People who are eligible for filing a hernia mesh claim would be folks who have had complications after a hernia mesh surgery. For example, if you’ve had a revision surgery or if you’re scheduled for a revision surgery, you should contact a lawyer as soon as possible,” attorney Daniel Nigh, partner at Nigh Goldenberg Raso & Vaughn, told Drugwatch.

If you have not yet filed a lawsuit but have been injured by hernia mesh, you may still be able to file and qualify to be a part of these global settlements. But it’s important to speak to a hernia mesh lawyer right away to see if you qualify.

Hernia mesh settlement amounts — like other injury claims — are determined by considering factors such as the seriousness of the injury, financial and emotional damages, whether a plaintiff is married and whether they have lost and will lose substantial income because of the injuries. It’s important to understand that no one is guaranteed a settlement or a specific settlement amount.

In some litigation, officials in charge of the settlement will use what is called a settlement matrix. This matrix guides those disbursing money from the global settlement account in assigning value to a claim.

Some plaintiffs may get more money depending on how many conditions on the matrix they have and how serious their injuries are. For example, if a person had to have several surgeries because of hernia mesh injuries, they may qualify for more money.

You may have questions about hernia mesh settlements and verdicts, including whether you qualify, the average settlement amount and whether your hernia mesh settlement is taxable.

The answers below are just for reference. Always ask your attorney any questions you may have about your specific case.