Hernia Mesh Mass Tort Marketing Campaigns For Lawyers

U.S. District Judge Patti B. Saris, who is overseeing the federal Covidien hernia mesh bellwether trial, cleared the way for the first bellwether trial in the MDL to begin July 13.

 
The judge ruled that injury claims involving the company’s Symbotex mesh can proceed before a jury. The case involves an Alabama man, Larry Patterson, who says he got Symbotex implanted in hernia mesh surgery in 2017, later developed bowel adhesions and an obstruction, and then needed major corrective surgery in 2020.

 
Covidien faces more than 2,400 hernia mesh lawsuits involving claims that various versions of the company’s mesh products are defectively designed, putting patients at risk of chronic pain, infections, adhesions, hernia recurrence and the need for revision surgery.

 
Patterson alleges the collagen barrier degraded too quickly after surgery, exposing his bowel to the underlying polyester mesh before his body had time to heal.

 
Covidien filed a motion for summary judgment, seeking to narrow the claims or have the lawsuit dismissed. But Judge Saris denied much of the request, finding that Patterson had presented enough evidence for a jury to consider whether Covidien failed to adequately warn about Symbotex’s risks.

“Plaintiff has offered sufficient evidence for a reasonable jury to conclude that Covidien failed to adequately warn about Symbotex’s dangers.”

 
Judge Saris denied Covidien’s request to dismiss most of Patterson’s claims, including those involving failure to warn, negligence, misrepresentation, fraudulent concealment, breach of implied warranty, loss of consortium and punitive damages. However, she reserved ruling on Patterson’s design defect claims.

The first bellwether trial in the federal Covidien hernia mesh litigation is scheduled to go before a jury beginning July 13. The case, involving complications associated with a Covidien Symbotex implant, could affect the future of thousands of claims alleging defective design of the implant. A final pretrial conference is slated for June 25.

 
The MDL is centralized before U.S. District Judge Patti B. Saris in the District of Massachusetts. Plaintiffs allege that various Covidien mesh devices have design problems that can lead to chronic pain, infections, adhesions, hernia recurrence and the need for revision surgery.

 
The initial bellwether trial involves an Alabama man who says he got Symbotex implanted in 2017, and then needed major corrective surgery in 2020. The lawsuit indicates that he experienced significant adhesions, chronic inflammation, serosal injury, bowel injury and ongoing pain, all allegedly attributable to premature degradation of the mesh’s collagen coating and exposure of the polyester material.

 
The complaint alleges that Covidien misrepresented the long-term safety of the device, withheld adverse information, and failed to warn that once the collagen layer resorbs, the exposed polyester can adhere to organs such as the bowel. The plaintiff asserts these risks were known to the manufacturer for years.

 
The number of cases in the hernia mesh MDL continues to grow. As of the start of May there were 23,703 cases against Bard (Davol), an increase of 14 from the previous month. 2,396 lawsuits were pending against Covidien, up 9 from April, and 184 claims against Atrium.

As of the start of April, about 26,297 claims were pending in the hernia mesh multidistrict litigation in the Southern District of Ohio.

 
The judge in the Bard hernia mesh litigation issued a new case management order clarifying legal procedures in the matter. The judge stated that when a victim updates their complaint, C.R. Bard is not required to file a new answer and that the company’s previous response still counts.

 
The order states that if the amended complaint adds new hernia mesh claims or changes the allegations, C.R. Bard has the right to challenge those new claims.

 
Previously, the judge had approved a shortform complaint allowing eligible hernia mesh patients to use a shortened form to join the MDL. The new order allows the defense to use a shortened form to file its initial response to the lawsuits.

The vast majority of the hernia mesh lawsuits involve claims against C.R. Bard, with 23,695 actions in MDL 2846 in the Southern District of Ohio at the beginning of March, a drop of 33 from February.

 
Another 2,348 lawsuits were pending in MDL 3029, In re Covidien Hernia Mesh Products Liability Litigation No II in the District of Massachusetts. 220 actions remained in MDL 2753, in re Atrium Medical Corp C QUR Mesh in New Hampshire.

 
While many hernia mesh cases have been settled, preparations continue for the first Covidien bellwether trial in July, involving an Alabama man who says he got Symbotex implanted in 2017, later developed bowel adhesions and an obstruction, and then needed major corrective surgery in 2020. The court postponed a hearing on the defendants’ summary judgment motion until April, but the delay is not expected to impact the trial timeline.

At the beginning of February, 26,234 total hernia mesh lawsuits were pending in four multidistrict litigations against Atrium (246 cases), Covidien (2,260 cases), C.R. Bard (23,728 cases) and Ethicon (0 cases).

 
In the Covidien litigation, the Massachusetts federal judge overseeing the MDL granted the parties a four-month extension in the deadline for the parties to potentially reach a global settlement agreement. The parties told Judge Patti B. Saris that more time is needed to complete mediation.

 
One lawsuit was dismissed in the C.R. Bard MDL due to a procedural issue. The federal judge overseeing the litigation found that the plaintiff failed to serve the complaint within the required timeframe and dismissed the case without prejudice.

As of the start of January, there were 23,749 pending cases in the Bard hernia mesh MDL and 2,239 cases in the Covidien litigation. 302 lawsuits were pending against Atrium, and none were pending against Ethicon, though the litigation in that case remains open.

 
The first Covidien hernia mesh bellwether trial, Patterson v. Covidien, has been scheduled for July 13, 2026. This and other lawsuits allege that Covidien’s polyester-based hernia mesh products, such as Parietex, ProGrip, and Symbotex, cause severe complications, including chronic pain, infections, organ tears, and the need for revision surgeries.

 
Many patients continue to request settlements, asserting that the manufacturers of the devices should have told them about these risks.

A date has been set for the first bellwether trial in the Covidien hernia mesh MDL. The case of Larry Patterson v. Covidien, Inc., et al., is set to begin July 13, 2026, unless a settlement is reached before that date. Motions and responses from the parties are due by May 4 with the final pretrial conference scheduled for June 25.

 
The lawsuit states that Larry Patterson was implanted with a Covidien Symbotex mesh in July 2017, and the hernia implant failed, resulting in the need for additional surgery three years later after the mesh caused an obstruction in his small bowel.

 
It is alleged that Patterson suffered an intense inflammatory response to the mesh, resulting in severe pain, adhesions, and the need to undergo a small bowel resection, and intervention surgery to remove the failed hernia implant.

The process of distributing payments in the hernia mesh lawsuits continued with an order from the judge overseeing the litigation. The defendant medical device companies were given instructions on how and when to transfer money into the Common Benefit Fund for settlements. Money will be deposited into this fund to be paid out to plaintiffs in the case.

 
The Judicial Panel on Multidistrict Litigation broke down the case counts in all four of the national hernia mesh MDL proceedings in early November as follows:

Atrium: 363
Covidien: 2,201
Davol Inc./C.R. Bard: 23,932
Ethicon: 1

 
The Covidien MDL had the most significant change last month, with 49 new plaintiffs joining the litigation, while the Davol Inc./C.R. Bard MDL remained the nation’s second-largest ongoing MDL proceeding. The Atrium and Ethicon MDLs are winding down following global settlements in those cases.

Case counts were updated by the Judicial Panel on Multidistrict Litigation for the four national hernia mesh MDL proceedings.

 
As of the start of October, the number of pending lawsuits were as follows:

-Atrium: 388
-Covidien: 2,152
-Davol Inc./C.R. Bard: 24,004
-Ethicon: 1

The Covidien MDL saw the largest increase, with 62 new lawsuits since last month.

 
A Qualified Settlement Fund was established in MDL-2846, the Davol Inc./C.R. Bard litigation, to manage payouts under the class-wide settlement framework. Funds are being deposited into a dedicated escrow account overseen by Wells Fargo and administered by appointed special masters and lien administrators.

The parties in the Covidien hernia mesh MDL asked for more time to complete mediation sessions in their negotiations, and the request was granted by the judge presiding over the litigation. The deadline for reaching a settlement was extended to January 14, 2026. Should the negotiations not result in a settlement deal, the first bellwether trial remains scheduled for February 17, 2026.

 
While these talks are ongoing, new cases continue to be filed. A New Mexico resident filed a lawsuit in the District of Massachusetts, alleging that he suffered serious complications and required corrective surgery following the implantation of a defective hernia mesh product manufactured by Covidien LP and Sofradim Production SAS. The suit alleges breach of warranty, negligent and intentional infliction of emotional distress, fraudulent misrepresentation and concealment, and seeks punitive damages.

The number of pending lawsuits in the four hernia mesh MDLs stood as follows at the beginning of August:
Ethicon: 7
Atrium: 390
Covidien: 2,055
Davol Inc./C.R. Bard: 24,029

The Bard cases rose by 55 from the previous month, while the cases against the other three declined slightly as more settlements were reached between plaintiffs and the defendants.

One new lawsuit was filed by a New Mexico woman who sued Covidien and Sofradim Production SAS, alleging that she required surgical intervention from the implantation of a Symbotex Composite Mesh hernia device in 2016.
Her claims include defective design, failure to warn, manufacturing defect, and various negligence-based counts.

The judge in the Bard MDL approved a qualified settlement fund for a group of plaintiffs who settled their lawsuits against the company. No details were released on the amount or terms of the settlement. The fund will be administered by Orion Settlement Solutions, LLC.

The judge overseeing the lawsuits in the Covidien MDL approved a 30-day extension for the two sides to complete work on expert witnesses and prepare motions in several bellwether cases. The first trial is scheduled for February involving plaintiffs from Alabama who allege a defective Symbotex mesh caused a bowel blockage that required surgery.

The number of pending lawsuits in the Bard MDL declined to 24,050 as settlements continue to be reached with plaintiffs who allege they were injured or lost loved ones due to complications from hernia mesh products. In the other three hernia mesh MDLs, the case counts at the start of the month were Atrium (392); Covidien (2,040); Ethicon (9).

An important event in the Covidien MDL will occur when one of the inventors of the company’s implantable surgical mesh gives a deposition in the case. This is seen as having a potentially significant impact on the case, as it will help to determine whether the plaintiffs’ allegations can be confirmed.

Four active MDLs for people harmed by defective hernia mesh continue to move forward. The group lawsuits involve hernia meshes made by Covidien, Bard/Davol, Ethicon, and Atrium.

Nearly 1,000 lawsuits joined the Bard MDL in May, bringing the total number of pending lawsuits to 25,015. Six more cases were added to the Covidien MDL, increasing that total as of the start of the month to 2,004.

In another development in the Covidien MDL, the parties agreed on a date of July 17 for the deposition of Greg Tebbe, a scientist who developed a type of hernia mesh used by Covidien. The plaintiffs will be able to interview Tebbe about how the hernia mesh was developed, what was known about the risks, and how those risks were tracked and communicated through the proper channels.

Despite the settlement reached last October with Becton, Dickinson, and Company (BD), the owner of Bard, victims are continuing to file lawsuits. There were 24,078 pending actions at the start of May, an increase of 411 cases in the past month – the biggest jump in the past six months.

While the settlement aims to resolve the majority of cases, plaintiffs have the option to opt out and file new lawsuits. One suit was filed by a Virginia resident who alleges the implementation of Bard’s 3D Max Mesh product caused severe complications, including a recurrent incisional hernia, extensive adhesions requiring surgical removal of the mesh, and a left orchiectomy.

The second bellwether case in the Covidien hernia mesh MDL has been scheduled for July 13, 2026. It stems from a lawsuit filed by a Mississippi woman who claims a Symbotex hernia mesh device implanted during ventral hernia repair caused severe complications, including adhesions, chronic inflammation, bowel problems, infections, and the need for corrective surgery. The lawsuit argues that the collagen coating on the mesh prematurely resorbed, defeating its intended purpose of adhesion prevention.

A judge has scheduled the first federal bellwether trial in the Covidien hernia mesh MDL for February 2026.

The plaintiff, an Alabama man, alleges that a Covidien Symbotex mesh implanted in 2017 failed and caused chronic complications requiring additional surgery, including a small bowel obstruction and resection.

It marks the first Covidien mesh case to go before a jury, and this test trial is seen as a key indicator that could help determine the outcome for the over 1,700 plaintiffs in the group lawsuit against Covidien.

At the start of the month, there were 24,080 pending cases in the Bard hernia mesh class action MDL, a decrease from two months ago as more settlements are finalized.

Claimants in the Bard hernia mesh lawsuit now have more time to file, following technical problems with the Crosslink Portal, the system used to submit medical records and evidence. These issues disrupted the original March 17, 2025 deadline, prompting an extension to ensure claimants aren’t penalized for delays outside of their control.

While the new timeline offers some breathing room, claimants are strongly encouraged to maintain urgency, as Bard’s settlement process rewards early, complete submissions. The sooner a claimant files, the better their chances of securing a favorable payout before funds diminish.

At the start of the month, 24,102 pending claims were recorded in the Bard MDL, and 1,660 pending claims in the Coviden MDL. 500 cases and 16 cases were recorded for the Atrium C-Qur and the Ethicon Physiomesh MDLs, respectively.

Early in the month, a Sacramento man filed a lawsuit in Contra Costa County, California, against multiple medical device manufacturers, including Covidien Inc., Medtronic USA Inc., and Tyco Healthcare Group LP. The suit alleges that a defective hernia mesh implant caused severe and lasting injuries.

The complaint states that the plaintiff received a Covidien ProGrip Self-Gripping Polyester Mesh during a May 2022 hernia repair surgery. He said the device later caused him to suffer complications such as mesh failure, nerve damage, and chronic pain, which required additional surgeries, including a triple neurectomy and vasectomy to remove the defective mesh.

The lawsuit accuses the defendants of negligently designing, manufacturing, and marketing the mesh while failing to warn of the product’s risks. It also includes claims of medical malpractice against the implanting surgeon and Contra Costa Health. The plaintiff seeks compensatory and punitive damages, arguing that the defendants misrepresented the product’s safety and concealed known dangers.

Running parallel to the Bard hernia mesh litigation, the Covidien hernia mesh litigation continues to gain momentum, with recent developments signaling progress toward resolution.

Judge M. Page Kelly’s Case Management Order 15 has set a clear timeline for pivotal pre-trial activities in 2025, including deadlines for corporate and expert discovery, bellwether trial selection, and pre-trial motions. The first bellwether trials are expected to run late 2025 or early 2026. Because of the severity of the injuries and the alleged design defects, these trials are expected to play a key role in driving settlement discussions and clarifying Covidien’s liability.

The Court has introduced CMO #55, launching the Intensive Settlement Process (ISP) in January 2027 to streamline claim resolution. Special Masters Ellen K. Reisman and John Jackson will lead settlement negotiations and mediations, with quarterly updates to the Court. Plaintiffs must submit detailed settlement packages before conferences. If unresolved by June 2029, claimants can opt out and proceed under docket control orders. Mediation costs will be shared equally between Bard and participating plaintiffs.

November 13, 2024

Claimants seeking faster resolution may now opt for a Quick Pay option. A fixed settlement of $25,000 is available for straightforward cases like those involving a single surgery and less severe injuries. In cases that may lack strong supporting evidence, claimants can receive $2,500.

Claimants with more complex cases have the option of pursuing higher-tier compensation. These payouts can be of significantly higher amounts, depending on the severity of the injuries. However, this option comes with a longer timeline, and it could potentially take two to four years for payouts to finalize.

Each Quick Pay selection reduces the number of lower-value claims in the pool, which then increases the average payout for higher-tier claims. In this redistribution, those with the most severe injuries are allowed to receive a larger portion of the settlement funds.

On October 2, 2024, Becton, Dickinson, and Company (BD), the owner of Bard, announced that it has reached a settlement that is expected to resolve the majority of hernia mesh lawsuits brought against it in the MDL (multi-district litigation) and Rhode Island state court. While no settlement amount has been confirmed, there is speculation that payouts may range between $50,000 and $100,000 per plaintiff. 

The Covidien hernia mesh litigation advances steadily with nearly 1,500 lawsuits, as plaintiff attorneys depose key corporate representatives. Meanwhile, the Bard hernia mesh MDL faces a standstill, prompting one family to request remand to Arizona due to settlement delays and health concerns. Judge Sargus denied this motion, citing the ongoing stay on remand requests.

A new Florida plaintiff joined the Covidien MDL, alleging complications from a Parietex ProGrip mesh implant. Both MDLs continue to grow, with Covidien reaching 1,472 cases and Bard surpassing 24,000.

The hernia mesh litigation rose again in August, with Bard cases totaling 23,990 and the Covidien to 1,410. New cases are coming up, some involving implants that are over ten years old. The recent orders issued by the MDL suggest a worldwide settlement in the offing with a discovery stay and an opt-out provision. At the same time, there are failures in trials in Bard that total up to up to $4 with three consecutive losses.

The hernia mesh MDL saw significant developments with the court approving two key orders. Case Management Order No. 52 imposes a limited stay on all cases, allowing for smooth administration while respecting the terms of the Master Settlement Agreement. Case Management Order No. 53 outlines procedures for plaintiffs opting out of the settlement. These orders indicate a nearing settlement. The number of active cases surged from 22,896 in June to 23,641.

Rumors of confidential settlements continue, with some firms reportedly reaching deals with Bard. A new study in JAMA Surgery highlights issues with robotic hernia repair surgery, showing higher recurrence rates within 10 years. The Bard MDL saw 640 new cases in May, totaling 22,896 pending cases. The Covidien MDL also continues to grow, with new deadlines extending the process further.

Settlement talks are intensifying, with Bard likely picking off law firms one by one. The Bard MDL added 583 new cases in April, bringing the total to 22,256. Covidien MDL sees an extension of deadlines due to significant discovery deficiencies, pushing potential settlements further into the future.

The Bard hernia mesh MDL added 411 new cases, reaching 21,673 pending cases. The Covidien MDL continues with extended deadlines for corporate discovery and expert witness depositions. Settlement talks in the Bard MDL are ongoing, with mediation sessions scheduled for late March to facilitate a resolution.

Settlement negotiations are the focus, with mediation sessions set for March 25-26. The Bard MDL saw a decrease in new case filings, reflecting a slowdown. A jury in New Jersey ruled in favor of LifeCell in a Strattice mesh case, while Covidien was ordered to release unredacted complaint files, moving the litigation forward.

Mediation is scheduled for early March to push for a settlement. The Bryan case trial is canceled to focus on global settlement talks. The Bard MDL added nearly 100 new cases in January, totaling 21,169 pending cases. Covidien faces a new lawsuit over its hernia mesh products, adding to its legal challenges.

The Bard hernia mesh MDL saw an increase of nearly 600 new cases since October, totaling 20,973 pending cases. Plaintiffs’ attorneys push for more trials to pressure Bard into a settlement. Covidien faces a new lawsuit alleging defective hernia mesh, while Bard’s appeal in the Stinson case is denied, maintaining the $500,000 verdict.