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Hernia Mesh Lawsuits

New hernia mesh lawsuits blame Atrium C-QUR, Ethicon Physiomesh and various models of Bard Davol polypropylene hernia mesh for serious complications. People with hernia mesh injuries have filed more than 3,000 lawsuits. Previous hernia mesh lawsuits resulted in a $1.5 million verdict and a $184 million settlement.

Injured by complications related to Hernia Mesh?

If you or a loved one suffered complications or injury after hernia mesh surgery, you may have legal options.

Hernia Mesh
Hernia Mesh Lawsuit Facts
  1. Injuries Wrongful death; infections; organ damage; autoimmune problems; adhesions; bowel obstructions
  2. Manufacturers/Defendants Ethicon (a Johnson & Johnson Company); Atrium Medical; Bard (Bard Davol)
  3. Top Settlement and Verdict $184 million settlement; $1.5 million verdict
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Drugwatch content is legally reviewed for accuracy and quality.

Examples of trusted legal reviewers include qualified mass torts lawyers and certified paralegals.

Drugwatch writers gather lawsuit information by studying court records, watching lawsuit proceedings and speaking with experienced attorneys.

* Update: Hernia mesh lawsuits are expected to go to trial in 2019. Drugwatch’s legal partners are accepting new hernia mesh cases.

Hernia mesh lawsuits claim mesh had a faulty design. They say the products caused internal injuries and other complications.

A federal panel recently combined hundreds of hernia mesh lawsuits. The panel created three multidistrict litigations (MDLs) in federal court.

MDLs allow cases to move more quickly and efficiently through the legal system. Lawyers expect hundreds of lawsuits to be added to the MDLs before the cases go to trial.

One MDL involves Ethicon’s Physiomesh Flexible Composite mesh. A second one targets Atrium C-QUR hernia mesh products. And the third includes different versions of Bard Davol’s line of polypropylene hernia mesh.

Status of Current Hernia Mesh Lawsuits

As of August 2018, there were more than 1,800 hernia mesh lawsuits pending in federal MDLs. The lawsuits targeted three hernia mesh manufacturers.

Atrium C-QUR Mesh MDL
A total of 471 Atrium C-QUR mesh lawsuits were pending in New Hampshire District Court as of August 2018. The Judicial Panel on Multidistrict Litigation established the MDL in December 2016.
Ethicon Physiomesh Flexible Composite Mesh MDL
As of August 2018, there were 1,376 lawsuits over Ethicon’s Physiomesh Flexible Composite hernia mesh. Those lawsuits were in the Georgia Northern District Court. The MDL panel established the consolidated litigation in June 2017.
Bard Davol Hernia Mesh MDL
As of August 2018, there were 120 lawsuits over different brands of Bard Davol’s polypropylene hernia mesh. The MDL panel established the litigation on Aug. 2, 2018.

The first Ethicon Physiomesh trial is set for Sept. 16, 2019. The first Atrium C-QUR trial is scheduled for Feb. 19, 2020. The Bard Davol MDL is in its earliest stages. No trial dates in that MDL have been set.

Lawyers expect the number of hernia mesh lawsuits will continue growing. Drugwatch’s legal partners are accepting new cases as the MDLs move forward.

Injured by complications related to Hernia Mesh? Free Case Review

Why People File Hernia Mesh Lawsuits

People file lawsuits because they developed serious complications after hernia mesh surgery. They claim the mesh is responsible for their injuries.

Injuries listed in Hernia Mesh lawsuits include:
  • Adherence (becoming stuck to internal tissue)
  • Bowel obstruction
  • Infection
  • Mesh failure
  • Migration (moving from where it was implanted)
  • Perforation of organs or tissues
  • Seromas (pockets of fluid) that require surgery

Some people who file C-QUR hernia mesh lawsuits also claim additional injuries. Atrium derives C-QUR’s coating from fish oil. People claim it led to “allergic or inflammatory” responses that caused further complications.

How to File a Hernia Mesh Lawsuit

The first step to filing a hernia mesh lawsuit is often consulting with a lawyer. Products liability lawyers specialize in this sort of lawsuit.

Some products liability lawyers focus on medical device cases. Lawyers in these specialties can usually tell people if they have a case.

People considering a lawsuit should look at several factors first. They should also gather as much information as possible about their complications.

Hernia Mesh Lawsuit Checklist
  • Recognize Your Injury
    You or a loved one must have suffered a hernia mesh injury to file a lawsuit.
  • Know Your Deadline
    Be aware that you may have a deadline to file a lawsuit. This may be as little as one year after your injury.
  • Gather Medical Records
    Try to gather as many medical records as you can. These include records of your injuries and of your original hernia mesh surgery.
  • Find Manufacturer and Brand Names
    Try to find the names of the manufacturer and brand of your hernia mesh. This may be in your medical records.
  • Consult with an Experienced Lawyer
    Consider talking to a lawyer about your legal options.

Lawyers who specialize in these types of cases usually offer free consultations. These can help determine if a person has a case.

Preserving Physiomesh Hernia Mesh for Lawsuits

In May 2018, a court order set rules for preserving Physiomesh as evidence in lawsuits. Judge Richard Story’s order created step-by-step rules to store and preserve the mesh. The order outlined instructions in four stages.

Did You Know?
Preserving hernia mesh and other medical devices can be crucial to winning a lawsuit. It can provide evidence only available through examination of the product.
Rules for Preserving and Storing Mesh
PRESERVATION AND COLLECTION
Patients must tell their surgeons to preserve mesh and tissue removed in surgery. They must also tell the hospital to ship the materials to Steelgate Inc. in Florida. Patients’ lawyers will coordinate shipping.
STORAGE
Steelgate will preserve and store all samples. Both sides of the lawsuits will split the monthly storage fees.
EVALUATION
Lawyers for both sides may inspect the samples. They have to give notice before performing any tests. The other side can be present during these examinations. No tests may destroy any of the samples.
OTHER PATHOLOGY
Hospitals may preserve slides or paraffin blocks of removed materials. If a hospital turns these over, both sides may examine them. If the hospital refuses, each side may ask Steelgate to create slides and blocks. Both sides will have access to all these samples.

Accusations Against Manufacturers

Lawsuits claim hernia mesh manufacturers should have known they made defective products. They also claim the companies failed to warn people of the complications.

Hernia mesh lawsuits accuse device makers of several counts of negligence, including:
  • Manufacturing a defective product
  • Failing to adequately test hernia mesh
  • Failing to warn the public about the risks of mesh
  • Intentionally, knowingly and recklessly concealing information about the defective mesh
  • Intentionally misrepresenting the quality and safety of hernia mesh
  • Negligently designing and marketing unsafe hernia mesh

Manufacturers Being Sued

Current hernia mesh lawsuits name at least four manufacturers and 19 products. Lawsuits against Atrium Medical and Ethicon are part of MDLs. Individual lawsuits also target Bard and Covidien.

Manufacturer Models Involved in Lawsuits
Atrium C-QUR Mesh, C-QUR Edge Mesh V-Patch, C-QUR Lite Mesh V-Patch, C-QUR OVT Mesh, C-QUR RPM Mesh, C-QUR TacShield, C-QUR V-Patch, C-QUR Mosaic
Bard PerFix Mesh, 3DMax Mesh, Ventralex Patch, Ventralex ST Mesh, Sepramesh IP Composite Mesh, Composix E/X Mesh
Covidien Parietex Surgical Mesh, Parietex Composite Mesh, Parietex ProGrip Mesh
Ethicon Physiomesh Flexible Composite Mesh

Previous Hernia Mesh Verdicts & Settlement Amounts

Lawsuits over Bard Davol’s Kugel Patch formed an earlier MDL. It ended in a $184 million settlement in 2011.

Bard first recalled the patch in 2005. The company said it could cause bowel perforations and fistulas.

The first lawsuits followed soon after. Eventually, plaintiffs filed over 3,000 cases against C.R. Bard Inc.

Were you or a loved one injured by hernia mesh? Get a Free Case Review
  • June 2007
    First 150 cases consolidated into MDL in Rhode Island federal court
  • April 2010
    Jury reached defense verdict for Bard in first bellwether trial of MDL
  • August 2010
    Jury awarded $1.5 million verdict to plaintiffs in second trial
  • June 2011
    Bard offered $184 million in settlements to 2,600 Kugel patch lawsuits
  • September 2017
    Kugel Hernia Mesh Patch MDL closed after 10 years

Hernia Mesh Class Action Lawsuit

Many current hernia mesh lawsuits in the U.S. involve multidistrict litigations. These differ from class action lawsuits.

Class actions in Canada have targeted at least two brands of hernia mesh in recent years.

  • 2014
    Bard Davol agreed to $1.375 million settlement. It came in a hernia mesh class action lawsuit over its Kugel Patch.
  • 2017
    Lawyers sought class action certification for people harmed by Ethicon’s Physiomesh.

Please seek the advice of a medical professional before making health care decisions.

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23 Cited Research Articles

  1. U.S. District Court of New Hampshire. (2017, January 9.) James and Kimberly Brown vs Atrium Medical Corporation. Retrieved from https://45ijagbx6du4albwj3e23cj1-wpengine.netdna-ssl.com/wp-content/uploads/https-ecf-nhd-uscourts-gov-doc1-11711835179.pdf
  2. Lexis Legal News. (2017, September 9). Kugel Hernia Mesh Patch MDL Closed Sept. 15 After 10 Years. Retrieved from https://www.lexislegalnews.com/articles/20550/kugel-hernia-mesh-patch-mdl-closed-sept-15-after-10-years
  3. U.S. District Court, Southern District of Illinois. (2016, April 1). Matthew Huff vs. Ethicon, Inc. Retrieved from https://18vtbxct6zl2lh5x8psdj8p7-wpengine.netdna-ssl.com/wp-content/uploads/2016-04-01-Complaint.pdf
  4. The Internet Archive. (2016, May 25). Urgent: Field Safety Notice Ethicon Physiomesh Flexible Composite Mesh. Retrieved from https://archive.org/stream/EthiconPhysiomeshRecall/ethicon%20physiomesh%20recall_djvu.txt
  5. U.S. Food and Drug Administration. (2017, April 4). Hernia Surgical Mesh Implants. Retrieved from https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/HerniaSurgicalMesh/default.htm
  6. Science Daily. (2016, October 18). Study finds mixed results for use of mesh for hernia repair. Retrieved from https://www.sciencedaily.com/releases/2016/10/161018094928.htm
  7. Kokotovic, D. et al. (2016). Long-term Recurrence and Complications Associated With Elective Incisional Hernia Repair. Retrieved from http://jamanetwork.com/journals/jama/fullarticle/2565771
  8. U.S. Food and Drug Administration. (2012, October 11). Warning Letter CMS # 363780. Retrieved from http://wayback.archive-it.org/7993/20161023095443/http://www.fda.gov/ICECI/EnforcementActions/WarningLetters/2012/ucm325084.htm
  9. U.S. District Court, District of New Hampshire. (2015, Feb. 3). Consent Decree of Permanent Injunction. U.S. Department of Justice. Retrieved from https://www.justice.gov/file/338871/download
  10. U.S. Panel on Multidistrict Litigation. (2016, December 8). IN RE: Atrium Medical Corp. C-QUR Mesh Products Liability Litigation; Transfer Order; MDL No. 2753. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2753-Initial_Transfer-12-16.pdf
  11. U.S. Panel on Multidistrict Litigation. (2017, June 2). IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation; Transfer Order; MDL No. 2782. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2782-Initial_Transfer-05-17.pdf
  12. Judicial Panel on Multidistrict Litigation. (2016, December 8). IN RE: Atrium Medical Corp. C-QUR Mesh Products Liability Litigation; MDL No. 2753. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2753-Initial_Transfer-12-16.pdf
  13. U.S. Department of Justice. (2015, February 3). District Court Enters Permanent Injunction Against New Hampshire Company and Senior Executives to Stop Distribution of Adulterated and Misbranded Products. Retrieved from https://www.justice.gov/opa/pr/district-court-enters-permanent-injunction-against-new-hampshire-company-and-senior
  14. Schreinemacher, M.H., et al. (2009, March). Degradation of Mesh Coatings and Intraperitoneal Adhesion Formation in an Experimental Model. Retrieved from https://www.ncbi.nlm.nih.gov/pubmed/19224521
  15. FDA. (2010, April 9). 510(k) Premarket Notification; Physiomesh. Retrieved from https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpmn/pmn.cfm?ID=K093932
  16. FDA. (2006, March 31). 510(k) Premarket Notification; Atrium C-QUR. Retrieved from https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfpmn/pmn.cfm?ID=K050311
  17. Perriello, B. (2016, June 20). J&J’s Ethicon recalls Physiomesh flexible composite hernia mesh. Retrieved from http://www.massdevice.com/jjs-ethicon-recalls-physiomesh-flexible-composite-hernia-mesh/
  18. Villarraga, M.L. (2017, February 21). Preserving Evidence in a Product Liability Case: Focus on Medical Devices. American Bar Association. Retrieved from https://www.americanbar.org/groups/litigation/committees/expert-witnesses/articles/2017/preserving-evidence-prod-liab-case-focus-on-medical-devices.html
  19. U.S. District Court, Northern District of Georgia. (2018, January 19). In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation; Practice and Procedure Order No. 7. Retrieved from http://www.gand.uscourts.gov/sites/default/files/rws2782_doc297.pdf
  20. U.S. District Court, Northern District of Georgia. (2018, May 29). In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation; Practice and Procedure Order No. 11. Retrieved from http://www.gand.uscourts.gov/sites/default/files/rws2782_Doc345.pdf
  21. U.S. District Court, District of New Hampshire. (2018, May 29). In re: Atrium Medical Corp. C-QUR Mesh Products Liability Litigation; Case Management Order 3H. Retrieved from http://www.nhd.uscourts.gov/pdf/Atrium_CMO3H.pdf
  22. U.S. Judicial Panel on Multidistrict Litigation. (2018, August 2). Transfer Order. In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2846-Transfer-Order-7-18.pdf
  23. U.S. Judicial Panel on Multidistrict Litigation. (2018, August 15). MDL Statistics Report - Distribution of Pending MDL Dockets by District. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-August-15-2018.pdf
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