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Hernia Mesh Settlements and Verdicts

As of July 2024, there have been no publicly announced global hernia mesh settlements. Ethicon and Atrium quietly settled cases for confidential amounts, and recent hernia mesh verdicts against C.R. Bard include jury awards for $500,000 and $4.8 million.

Last Modified: May 23, 2024
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Hernia Mesh Settlement and Verdict Updates

As of July 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.

Settlement and verdict updates in hernia mesh lawsuits:
  • April 2024:
    The parties involved had not reached a decision in the potential Bard global settlement.
  • February 2024:
    Judge Edmund Sargus, Jr. vacated the trial scheduling order for what would have been the fourth MDL bellwether trial against C.R. Bard held in April 2024, Bryan v. C.R. Bard Inc., et al. Judge Sargus directed the parties to head to mediation for a potential global settlement.
  • November 2023:
    An Ohio jury awarded $500,000 to Aaron Stinson in the third Bard bellwether trial.
  • August 2022:
    A Rhode Island jury awarded a $4.8 million verdict against Becton Dickinson, a C.R. Bard subsidiary.
  • April 2022:
    Antonio Milanesi won a $255,000 verdict against C.R. Bard in the second bellwether trial.
  • July 2021:
    Atrium agreed to a confidential global settlement of some of its cases. Some sources reported an amount of $66 million.
  • September 2021:
    Ethicon settled some cases confidentially.
  • June 2011:
    Bard offered to settle 2,600 Kugel hernia patch lawsuits for $184 million.
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How Long Does It Take for a Hernia Mesh Lawsuit To Settle?

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.

Trent Miracle
“It may take about three to seven years for complex litigation [such as a hernia mesh lawsuit] to settle.”
Trent B. Miracle, product liability attorney

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.

Who Qualifies for a Hernia Mesh Settlement?

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.

“...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.”
Daniel Nigh, partner at Nigh Goldenberg Raso & Vaughn

How Are Hernia Mesh Settlement Amounts Determined?

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.

FAQs About Hernia Mesh Settlements and Verdicts

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.

Do I qualify for a hernia mesh settlement?
You may qualify for a hernia mesh settlement if you suffered serious hernia mesh complications such as infection, chronic pain or adhesion related to defective hernia mesh, especially if you had to have revision surgery to repair faulty or recalled mesh.
What is the average payout for a hernia mesh lawsuit settlement?
It’s difficult to estimate the exact settlement amount a person will receive. Some hernia mesh lawyers may offer predictions of what a settlement may be, but this is not guaranteed. These estimates are for informational purposes only and shouldn’t be taken as guaranteed amounts you will receive. There have been no publicly announced settlement amounts in this hernia mesh litigation.
Are hernia mesh settlements taxable?
Generally, hernia mesh settlements are not taxable. Under the tax code, settlements that compensate you for physical injury or illness are tax free. However, punitive damages awarded as a part of a jury claim may be taxable. Consult a tax professional before accepting any settlement.
Please seek the advice of a medical professional before making health care decisions.