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Hernia Mesh Lawsuit

Hernia Mesh Lawsuit

Serious health problems reported by people with hernia mesh have prompted thousands of patients to sue. Some have received settlements or verdicts, but many claims remain unresolved.

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Case Overview

Hernias are a relatively common problem that can require surgery. Hernia mesh is one treatment option. But some patients have reported hernia mesh complications leading to infections, pain and discomfort, mesh removal and more surgeries. Read more about the hernia mesh lawsuit.

Important hernia mesh lawsuit news

  • April 2025: There were 26,234 claims across four mass legal actions in federal court related to harms suffered as a possible result of defective hernia mesh.
  • November 2024: Ten plaintiffs who sued Ethicon received settlements for their cases; Ethicon didn’t disclose the terms.
  • October 2024: C.R. Bard approved terms of a global settlement that could resolve around 38,000 federal and state lawsuits related to its hernia mesh products.

Read other important hernia mesh litigation updates here.

Key takeaways about hernia mesh lawsuits

  • People are suing the manufacturers of various hernia meshes. These individuals allege that these companies’ defective products caused serious health problems after a hernia repair surgery.
  • More than 26,000 cases are still pending in federal court, with other hernia mesh lawsuits being heard in state courts.
  • It’s still possible to file a lawsuit if you’ve experienced serious complications potentially related to a hernia mesh operation. 

What is hernia mesh?

Hernia mesh is a flexible sheet that provides support to weakened tissue or muscle. It’s used to repair hernias. Hernias occur when an organ pushes through the tissue or muscle that’s supposed to contain it. Some hernia devices are made from animal tissue, while other options are made from synthetic materials. 

The body usually won’t absorb synthetic hernia mesh, so it’s considered a permanent reinforcement. However, the mesh may degrade over time.

Versions of hernia mesh have been used since 1958. Today, the U.S. Food and Drug Administration (FDA) reports that “most hernia repair surgeries in the U.S. use mesh.” The devices are believed to minimize time spent in surgery and recovery. But, if defective, they may cause severe complications.

Well-known hernia mesh manufacturers include:

  • Atrium Medical Corp.
  • B. Braun SE
  • Becton, Dickinson and Company (BD)
  • Boston Scientific
  • C.R. Bard
  • Coloplast
  • Covidien
  • Davol, Inc.
  • Ethicon Inc.
  • Johnson & Johnson
  • Medtronic PLC
  • W.L. Gore & Associates

Hernia mesh complications and side effects

The plaintiffs in hernia mesh lawsuits allege that the synthetic mesh used to treat their hernias caused serious health conditions, including: 

  • Abscess
  • Abdominal abscess formation
  • Abdominal tenderness
  • Adhesion to internal organs
  • Bowel paralysis or obstruction
  • Chronic and excessive inflammation
  • Chronic pain
  • Deformation of mesh, which can inhibit function or cause issues with nearby bodily structures
  • Distended abdomen
  • Erosion
  • External fistulas
  • Foreign body response
  • Fluid in abdomen
  • Granulomatous response
  • Improper wound healing
  • Infection
  • Internal fistulas
  • Intestinal or bowel perforation
  • Mesh migration
  • Nerve damage
  • Organ perforation
  • Pelvic inflammatory disease
  • Perforation of intestinal walls
  • Peritonitis
  • Persistent surgical site drainage
  • Post surgical infections
  • Recurrence of hernia
  • Rejection of mesh
  • Ring migration through abdominal wall
  • Scarification
  • Sepsis
  • Seroma formation
  • Severe persistent abdominal pain
  • Tissue damage and death

Contact a hernia mesh lawsuit attorney

If you or a loved one suffered side effects or had additional surgeries after receiving a hernia mesh implant, contact medical device attorney Jonathan Orent by email or call 1.800.768.4026.  

Why are people filing hernia mesh lawsuits?

More than 30,000 people are suing hernia mesh makers in state and federal courts. The plaintiffs allege that the synthetic mesh caused severe injuries such as chronic pain, infections and organ damage. Deaths have also been linked to hernia mesh complications. Plaintiffs filed the first hernia mesh lawsuits in 2006. 

Hernia mesh recalls

Injuries in connection with hernia mesh complications have led to a number of recalls, including:

  • Atrium C-Qur Mesh: Atrium issued a recall in July 2013 for its C-Qur Mesh products. The recall affected nearly 33,000 units that may have been affected by humidity.
  • Covidien Parietex Composite Parastomal Mesh: In October 2018, Covidien recalled more than 7,300 Parietex surgical mesh products. The company issued the recall after finding failures using certain surgical methods. The recall ended in May 2020.
  • Davol Inc. Composix Kugel Mesh: Davol recalled some hernia mesh batches in 2005 and continued to add to the recall through March 2006. The recall then expanded to more than 100,000 units in 2007. Davol is a subsidiary of C.R. Bard, one of the most well-known hernia mesh defendants.
  • Ethicon Physiomesh: Ethicon recalled its Physiomesh products in May 2016. The recall came after two studies suggested that Physiomesh had a higher failure rate than comparable products. Ethicon is a subsidiary of Johnson & Johnson.

Hernia mesh products from other manufacturers have also been recalled. But they might not be related to the mass lawsuits associated with serious injuries.

Federal court hernia mesh lawsuits

Thousands of hernia mesh lawsuits are pending in federal court. They’re organized into mass legal actions called multidistrict litigation (MDL). An MDL is a type of mass tort that allows plaintiffs who’ve suffered similar harms to work together. The MDL consolidation allows attorneys to efficiently gather information and help the courts run more efficiently. They usually start with “test cases” called bellwether trials.

Next up are the MDLs pending in federal court. The number of claims in the sections below were current for each MDL as of April 1, 2025.

Bard hernia mesh lawsuits

In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL No. 2846 had 24,080 actions pending. 
In October 2024, Becton, Dickinson and Company – the parent company of Bard – approved a settlement to resolve nearly 38,000 lawsuits spanning 20 years. This agreement includes federal cases and cases filed in Rhode Island state court. Motley Rice attorneys Donald Migliori and Jonathan Orent hold plaintiffs’ leadership positions in the Rhode Island cases. 

The settlement could include nearly every plaintiff, with payouts taking place over several years. The company didn’t disclose the exact terms or admit fault. Plaintiffs can opt out of the settlement to pursue their cases.

Bard’s hernia mesh products were recalled several times from 2005 to 2007. The U.S. Food and Drug Administration (FDA) classified these recalls as Class 1. That class of recall indicates the highest concern for possible harm.

Motley Rice attorneys are still accepting clients, but only in situations where hernia patients were seriously injured. Our attorneys are actively involved in the Rhode Island state court cases, not the federal MDL.

Covidien/Medtronic mesh MDL

In re: Covidien Hernia Mesh Products Liability Litigation (No. II), MDL No. 3029 had 1,704 actions pending. Covidien is owned by Medtronic, which has also been involved in litigation concerning other defective medical devices.

Counsel for plaintiffs and defendants was scheduled for mediation in late March and early April 2025. If these settlement negotiations are successful, the parties might avoid bellwether trials. 

Motley Rice attorneys are more directly involved in cases centralized in Massachusetts State Court. Thousands of cases have been filed here. 

Atrium hernia mesh MDL

In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, MDL No. 2753 had 436 actions pending. The Atrium litigation is nearing its end, with a decline in active or pending cases month over month.

Plaintiffs allege that the omega-3 fatty acid gel and polypropylene plastic used to make the Atrium C-Qur mesh weren’t suitable for internal use.

Johnson & Johnson mesh/Ethicon Physiomesh MDL

In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL No. 2782 had 14 plaintiffs as of April 1, 2025. More than 4,000 cases have been resolved in some way. Ethicon is a subsidiary of Johnson & Johnson.

Ethicon Hernia Mesh was first approved in April 2010 under FDA 510(k) clearance. This means it didn’t require FDA review or clinical trials to evaluate its safety before going on the market. Ethicon withdrew its Physiomesh hernia mesh product from the market in May 2016. This move followed its review of two unpublished studies that showed a higher failure rate of the Ethicon hernia mesh than that of similar hernia repair devices. In 2012, Ethicon first notified the U.S. District Court for the Southern District of West Virginia that it would withdraw Physiomesh in the U.S.

Who is eligible for a hernia mesh lawsuit?

If you’ve suffered a serious injury or illness after having hernia mesh implanted, you may be eligible to file a lawsuit. You may also be able to file a lawsuit on behalf of a loved one who passed away, possibly as a result of hernia mesh injuries. You could also file for someone who isn’t capable of filing a claim on their own.

If you’re unsure of the type of mesh your doctor implanted, you may contact Motley Rice hernia mesh lawyers or ask your healthcare provider.

Hernia mesh settlements and payouts

Several hernia mesh lawsuits have gone to trial or settled. Here are key verdicts and settlements: 

  • In Rhode Island Superior Court, Motley Rice attorneys for Paul Trevino won a $4.8 million jury verdict. Davol appealed, but it appears that the proposed resolution will include the Trevino verdict.
  • The plaintiff in the second bellwether trial in MDL No. 2846 (the Bard/Davol cases) won $255,000 in damages.
  • Becton, Dickinson and Company has plans to settle most of the remaining hernia mesh lawsuits. The company hasn’t disclosed terms, but Reuters reported that the company set aside $1.7 billion for product liability litigation.
  • Ethicon settled with 10 plaintiffs, who have since received their payments. Terms of the settlements weren’t disclosed.
  • In 2021, Atrium announced that it had set aside more than $66 million to settle claims against its hernia mesh products. The full terms weren’t disclosed.

Motley Rice’s leadership in hernia mesh lawsuits

Motley Rice attorney Don Migliori is co-lead counsel for hernia mesh litigation In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation. Attorney Jonathan Orent is lead counsel for In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation. Don and Jonathan also serve as co-lead counsel, liaison counsel and members of the Plaintiffs’ Steering Committee for In re: Davol/C.R. Bard Hernia Mesh, which is collected in Rhode Island state court.

Hernia mesh litigation news and recent updates

04.01.25

Pending actions in hernia mesh MDLs reflect settlements and new cases

The number of cases in MDL No. 2846 grew over the past year, with plaintiffs continuing to file lawsuits against Davol and Bard. The number of pending actions in the other MDLs fell. 

- Bard/Davol pending cases: 24,080

- Covidien pending cases: 1,704

- Atrium pending cases: 436

- Ethicon pending cases: 14

12.16.24

Settlement fund approved by judge

A qualified settlement fund was approved by the Bard hernia mesh MDL judge.

11.21.24

Court appointed special masters in Bard MDL

The judges overseeing the Bard MDL appointed two special masters. Their duties include organizing and managing an “Intensive Settlement Process” (ISP), as well as participating in mediation to resolve cases.

11.07.24

10 Ethicon plaintiffs received settlement

Plaintiffs who sued after being harmed by Ethicon hernia mesh received settlements. Ethicon didn’t disclose the terms. 

10.03.24

Becton, Dickinson and Company agreed to hernia mesh lawsuit settlement

Becton Dickinson agreed to settle nearly 38,000 lawsuits filed in the past two decades. This settlement agreement could include nearly every plaintiff, with payouts taking place over several years. It applies to both federal and state court cases.

08.21.24

MDL judge dismissed 6 Ethicon cases

Judge Richard Story, who oversees the Ethicon MDL, granted a joint motion to dismiss six cases with prejudice. 

02.21.24

Court ordered mandatory settlements for unresolved Ethicon cases

Judge Story ordered mandatory settlement conferences for two unresolved cases. He also ordered plaintiffs and their counsel to appear in person. This was the judge’s third order for mandatory settlement conferences. 

08.29.22

Becton, Dickinson and Company ordered to pay $4.8 million in hernia mesh case

A judge awarded a Hawaii man $4.8 million in a hernia mesh lawsuit against Becton Dickinson. The plaintiff suffered from complications related to a Ventralex mesh. Jonathan Orent of Motley Rice represented the plaintiff.

06.27.22

Federal courts consolidated Covidien lawsuits

The U.S. Judicial Panel for Multidistrict Litigation (JMPL) established MDL No. 3029 to consolidate lawsuits against Covidien.

04.15.22

Plaintiff won $255K in hernia mesh bellwether trial

The second bellwether trial in MDL No. 2846 ended in a verdict for the plaintiff. A jury in Ohio ordered Becton, Dickinson and Company to pay $255,000 to a man who needed a second surgery. The surgery was required to treat an infection and bowel abscess related to his hernia mesh surgery. 

09.08.21

Plaintiff lost first bellwether trial

A jury ruled in favor of Becton, Dickinson and Company in the first hernia mesh trial of MDL No. 2846. 

08.02.18

Largest hernia mesh MDL consolidated

The U.S. Judicial Panel for Multidistrict Litigation established MDL No. 2846 after finding “[a]ll of the actions share common factual questions arising out of allegations that defects in defendants’ polypropylene hernia mesh products can lead to complications when implanted in patients, including adhesions, damage to organs, inflammatory and allergic responses, foreign body.”

06.02.17

Courts consolidated Physiomesh lawsuits

The U.S. Judicial Panel for Multidistrict Litigation (JMPL) consolidated cases related to Ethicon Physiomesh. The panel assigned the cases to the U.S. District Court for the Northern District of Georgia. 

12.02.16

Atrium lawsuits consolidated

The U.S. Judicial Panel for Multidistrict Litigation (JPML) consolidated 13 cases against Atrium Medical Corp. 

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Frequently asked questions about hernia mesh lawsuits

How do I qualify for a hernia mesh lawsuit?

People who’ve suffered serious illnesses or injuries possibly related to defective hernia mesh products may be eligible to file a lawsuit. Surviving loved ones of people who have died possibly as a result of hernia mesh failure may also be eligible. Consider contacting hernia mesh lawyers to review your case.  

Who are the defendants in hernia mesh lawsuits?

There are several hernia mesh mass legal actions in federal courts. In those cases, the named defendants are:

  • Atrium Medical Corporation
  • Becton, Dickinson and Company, the parent company of C.R. Bard and Davol, Inc.
  • Johnson & Johnson, the parent company of Ethicon
  • Medtronic, which acquired Covidien

There are also hernia mesh lawsuits in state courts. These lawsuits may name more defendants.

What is the average payout on a hernia mesh lawsuit? 

Several hernia mesh lawsuits have gone to trial or settled. Here are some key verdicts that had publicly disclosed payouts: 

  • In Rhode Island Superior Court, attorneys for Paul Trevino won a $4.8 million jury verdict. Davol appealed, but it appears that the proposed resolution will include the Trevino verdict.
  • The plaintiff in the second bellwether trial in MDL No. 2846 won $255,000 in damages.

Becton, Dickinson and Company has plans to settle most of the remaining hernia mesh lawsuits. The company hasn’t disclosed terms, but Reuters reported that the company set aside $1.7 billion for product liability litigation.

It’s not possible to guarantee a specific payout in a lawsuit.

What damages are available in a hernia mesh lawsuit?

If you’ve been harmed as a result of a hernia mesh repair surgery, you may be eligible to seek compensation. Typically, an attorney can help you seek compensation for:

  • Emotional distress
  • Loss of consortium
  • Lost wages
  • Medical expenses
  • Punitive damages
  • Wrongful death

A Motley Rice attorney can provide a case evaluation if you believe you’ve been harmed by hernia mesh, but it’s not possible to guarantee a specific outcome or settlement amount.

Will there be a hernia mesh settlement in 2025?

Bard and parent company Becton, Dickinson and Company are in the process of settling with people who have sued in federal court for harms related to hernia mesh claims. The payments will go out over several years. It’s still possible to join the mass litigation if you’ve been harmed by a hernia mesh operation. 

How do I know if my hernia mesh failed?

Here are signs that might indicate problems with your hernia mesh:

  • Bowel obstruction
  • Hernia recurrence
  • Infections accompanied by flu-like symptoms
  • Pain at or near the site of the hernia mesh

If you experience these symptoms and have a hernia mesh implant, contact a medical professional immediately. 

Is there a hernia mesh class action lawsuit?

There are tens of thousands of hernia mesh cases pending across the country. As of April 2025, nearly 30,000 lawsuits are currently pending in federal hernia mesh class action lawsuits and multidistrict litigation (MDL) dockets. More cases are also collected in state courts.

Our medical device litigation experience

Our medical attorneys have represented thousands of patients seriously hurt by dangerous prescription medications, over-the-counter medications and medical devices. Our experience includes helping victims of defective glucose monitors, faulty hip implants and other devices and drugs, in addition to representing patients in the above cases.

We understand that as a patient or family member, you may have limited knowledge of your medications or a loved one’s meds.

If you believe a medicine or medical device made you sick or hurt you, our lawyers can thoroughly investigate and:

  • Identify potentially harmful medicines and devices
  • Review whether the medicine or device did hurt you
  • Review the manufacturer’s compliance with FDA regulations
  • Examine the adequacy of the manufacturer’s warning to you about potential side effects
  • Recognize other issues that could affect your potential claim

Learn more about how we’ve helped people seek accountability through medical device litigation and medical drug lawsuits.

What is hernia mesh?

Why are people filing hernia mesh lawsuits?

Federal court hernia mesh lawsuits

Who is eligible for a hernia mesh lawsuit?

Motley Rice’s leadership in hernia mesh lawsuits

Hernia mesh litigation news and recent updates

Frequently asked questions about hernia mesh lawsuits

Our medical device litigation experience

About the Author

Sources
  1. Bloomberg Law. Bard Cleared of Liability in First Hernia Mesh Test Trial.
  2. Butler, Snow, O’mara, Stevens & Cannada, PLLC. Re: In re: Ethicon, Inc. Pelvic Repair System Products Liability Litigation MDL No. 2327.
  3. Expert Institute. Medical Error in Hernia Mesh Repair Surgery Results in Septic Death.
  4. Holy City Sinner. Global Resolution Process Established to Bring Relief to Bard Hernia Mesh Implant Litigants.
  5. Mordor Intelligence. Hernia Mesh Devices Companies.
  6. NH Business Review. Merrimack-based Atrium Medical announces hernia mesh settlement.
  7. NYC Hernia Surgery. WHAT ARE THE SYMPTOMS OF HERNIA MESH FAILURE?
  8. Reuters. Atrium Medical defeats contaminated-mesh claim.
  9. Reuters. Becton Dickinson agrees to settle about 38,000 hernia mesh suits.
  10. Reuters. Becton Dickinson faces first bellwether trial over hernia mesh.
  11. Reuters. Becton Dickinson ordered to pay $255k in hernia mesh trial.
  12. Reuters. R.I. jury orders Becton Dickinson to pay $4.8 mln in hernia mesh trial.
  13. U.S. Court for the District of Massachusetts. Joint Status Report on Motion to Compel [ECF No. 495].
  14. U.S. District Court, Southern District of Ohio - Eastern Division. Case Management Order No. 55.
  15. U.S. District Court, Southern District of Ohio. Introduction - MDL 2846.
  16. U.S. District Court for the Northern District of Georgia – Atlanta Division. IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation: Joint Motion to Dismiss With Prejudice.
  17. U.S. District Court for the Northern District of Georgia – Atlanta Division. PRACTICE AND PROCEDURE ORDER NO. 34.
  18. U.S. District Court of Massachusetts. MDL 3029: IN RE: Covidien Hernia Mesh Products Liability Litigation (No. II). MDL Order No. 1.
  19. U.S. FDA. Class 2 Device Recall CQUR Mesh.
  20. U.S. FDA. Class 2 Device Recall Parietex Composite Parastomal Mesh.
  21. U.S. FDA. Surgical Mesh Used for Hernia Repair.
  22. U.S. Judicial Panel on Multidistrict Litigation. IN RE: ATRIUM MEDICAL CORP. C-QUR MESH PRODUCTS LIABILITY LITIGATION – Transfer Order.
  23. U.S. Judicial Panel on Multidistrict Litigation. IN RE: ETHICON PHYSIOMESH FLEXIBLE COMPOSITE HERNIA MESH PRODUCTS LIABILITY LITIGATION — Transfer Order.
  24. U.S. Judicial Panel on Multidistrict Litigation. Pending MDLs.