Key Takeaways
- Hernia mesh lawsuits involve claims against manufacturers for defective design, manufacturing defects, and failure to warn about risks, with thousands of cases pending nationwide.
- Settlement amounts vary widely, with average payouts between $60,000 and $100,000, but some cases have resulted in multimillion-dollar awards.
- Eligibility for filing typically requires proof of injury or complications after hernia mesh surgery, and strict deadlines apply depending on the state.
Understanding Hernia Mesh Lawsuits
What Is Hernia Mesh?
Hernia mesh is a medical device used to support weakened or damaged tissue during hernia repair surgeries. The mesh is intended to reinforce the area and reduce the risk of recurrence. However, certain mesh products have been linked to serious complications, including infection, mesh migration, organ perforation, and the need for additional surgeries. These complications have led to a surge in lawsuits against manufacturers.
Why Are There So Many Lawsuits?
The legal landscape for hernia mesh lawsuits is shaped by allegations that some mesh products were defectively designed or manufactured. Plaintiffs claim that manufacturers failed to warn patients and healthcare providers about the risks associated with these devices. The lawsuits allege that the mesh can fail, causing severe injuries and requiring further medical intervention. For example, in the Trevino case, a Rhode Island jury awarded $4.8 million in damages after finding Bard’s Ventralex hernia mesh was defectively designed (source).
Major Manufacturers and Products Involved
Several manufacturers are facing lawsuits, including:
- C.R. Bard
- Atrium Medical
- Ethicon (a Johnson & Johnson company)
- Covidien
The products at issue include Bard’s Ventralex, Ethicon’s Physiomesh, and Atrium’s C-QUR mesh, among others. Each of these products has been the subject of claims regarding defective design, improper manufacturing, or insufficient warnings.
The Scope of Litigation
Number of Cases and Multidistrict Litigation (MDL)
As of April 1, 2025, there were 24,080 pending cases in the Bard hernia mesh multidistrict litigation (MDL), a decrease from previous months (source). MDLs are used to consolidate similar federal lawsuits to streamline pretrial proceedings and encourage settlements.
Notable Verdicts and Settlements
Some cases have resulted in significant verdicts and settlements. In October 2024, BD (Becton, Dickinson and Company) agreed to settle approximately 38,000 hernia mesh lawsuits, with total payouts estimated to exceed $1 billion (source). Individual settlements can vary, but the average payout is typically between $60,000 and $100,000. Some cases, depending on the severity of injury and circumstances, have resulted in awards exceeding $1 million (source).
Types of Claims
The most common legal claims in hernia mesh lawsuits include:
- Defective design: Alleging the mesh was inherently unsafe.
- Manufacturing defects: Claiming errors occurred during production.
- Failure to warn: Asserting that manufacturers did not adequately inform patients or doctors of potential risks.
Plaintiffs often seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from mesh complications.
Eligibility and Filing a Lawsuit
Who Can File a Hernia Mesh Lawsuit?
To be eligible, a patient generally must have:
- Undergone hernia repair surgery involving mesh.
- Suffered serious complications such as infection, mesh migration, organ perforation, adhesions, hernia recurrence, or required revision surgery (source).
- Experienced complications more than 30 days after surgery.
Statute of Limitations
The statute of limitations for filing a hernia mesh lawsuit varies by state, typically ranging from 1 to 6 years from the date of injury or discovery of the injury (source). It is important to consult with an attorney promptly to ensure your claim is filed within the required timeframe.
How to Start a Claim
Most law firms offer free consultations to evaluate potential claims. Firms like Stark & Stark in New Jersey (source), Neumann Law Group in Michigan (source), and Fasig | Brooks in Florida (source) are among those offering legal support to affected patients.
Common Complications Linked to Hernia Mesh
Types of Injuries
Complications that have led to lawsuits include:
- Infection
- Mesh migration
- Adhesion to organs
- Bowel obstruction
- Organ perforation
- Chronic pain
- Hernia recurrence
These injuries often require additional surgeries and can result in long-term health issues.
FDA Warnings and Recalls
The U.S. Food and Drug Administration (FDA) has issued safety communications and recalls for certain hernia mesh products due to reports of adverse events (FDA Medical Device Recalls). Patients and healthcare providers are encouraged to report complications through the FDA’s MedWatch program (FDA MedWatch).
The Legal Process
Steps in a Hernia Mesh Lawsuit
- Case Evaluation: Attorney reviews medical records and determines eligibility.
- Filing the Complaint: Lawsuit is filed against the manufacturer.
- Discovery: Both sides exchange evidence and take depositions.
- Settlement Negotiations: Many cases settle before trial.
- Trial: If no settlement is reached, the case may go to trial.
Potential Outcomes
- Settlement: Most cases resolve through settlement, with compensation based on the severity of injuries and other factors.
- Trial Verdict: If a case goes to trial, a jury may award damages if the manufacturer is found liable.
- Dismissal: Some cases may be dismissed if there is insufficient evidence.
Recent Developments
Ongoing Litigation
As of 2025, litigation against hernia mesh manufacturers remains active. C.R. Bard is currently defending over 18,000 lawsuits (source). The outcome of these cases may influence future settlements and legal strategies.
Settlements and Payouts
The recent $1 billion settlement by BD and the $4.8 million Trevino verdict highlight the significant financial exposure for manufacturers. However, not all cases result in large payouts, and individual results depend on the facts of each case.
Finding Legal Help
Choosing an Attorney
Selecting an attorney with experience in medical device litigation is crucial. Many firms offer contingency fee arrangements, meaning clients pay nothing unless they recover compensation. Legal representation is available nationwide, and some firms continue to accept new clients despite others ceasing representation (source).
Resources
Conclusion
Hernia mesh lawsuits represent a significant area of medical device litigation, with thousands of patients seeking compensation for injuries allegedly caused by defective products. The legal process can be complex, and outcomes vary widely based on individual circumstances. If you or a loved one have experienced complications after hernia mesh surgery, it is important to consult with a qualified attorney to understand your rights and options.
Disclaimer:
This guide provides a general overview of hernia mesh lawsuits. It is not legal advice. The information is based on current allegations and public sources as of 2025 and may change as litigation evolves. For advice specific to your situation, consult a licensed attorney.
