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.