Tens of thousands of patients and families across the United States have filed hernia mesh lawsuits over the past several years. Patient complaints, investigations, and medical studies have revealed that hernia mesh implants sold by several companies presents serious health risks—and can cause serious or even fatal complications after surgery. Filing a lawsuit provides the opportunity for patients and families to seek financial compensation from the companies that are responsible for their losses, and patients and families have already received hundreds of millions of dollars in settlements and verdicts in hernia mesh litigation. 

But, this total compensation amount may soon increase substantially. 

Multiple factors indicate that the parties are on the verge of a global settlement in the pending multidistrict hernia mesh litigation against C.R. Bard. This will be the company’s second global settlement related to its defective hernia mesh, as it previously agreed to a $184 million global settlement in 2011. If the parties reach a global settlement as anticipated, many plaintiffs will be able to resolve their claims and begin the process of moving on. However, not all patients and families are eligible to participate; and, even among those that are, participating won’t necessarily be in their best interests. 

With this in mind, what do plaintiffs (and potential plaintiffs) need to know about the longstanding hernia mesh litigation against C.R. Bard and other companies? Here are some key insights for patients and their families: 

What is the Crux of the Hernia Mesh Litigation? 

The hernia mesh litigation that patients and families are pursuing against C.R. Bard and other companies alleges that these companies sold dangerous and defective products to hospitals for years. Hernia mesh is a tool that surgeons use when performing herniorrhaphies to repair bulging discs and other similar types of issues. Rather than using stitches to close the incision after putting the bulging disc or other internal body part back into place, surgeons can use hernia mesh to cover the incision. This, in theory, facilitates a stronger repair, as tissue regrows through the holes in the mesh during recovery, allowing the mesh to serve as a sort of lattice that supports the regrown tissue structure. 

But, despite its promises, hernia mesh frequently does more harm than good. The hernia mesh litigation against C.R. Bard and other companies has involved allegations including (but not limited to): 

• C.R. Bard and other companies used substandard plastics in their surgical mesh that degrades inside of the patient’s body over time. 
• In some cases, these companies have also used plastics that are prone to contamination and infection. 
• Rather than facilitating a stronger repair, in some cases hernia mesh curls or deforms, causing the newly grown tissue to separate. This leads to pain, inflammation, and other complications, and can also lead to the need for revision surgery. 

All companies are supposed to ensure that their products are safe for their intended use. This is especially important when companies manufacture and sell medical devices that are intended for surgical implantation. Unfortunately, it appears that companies including C.R. Bard, Atrium, Becton Dickinson, Covidien, and Ethicon may have grossly failed to meet their legal obligations—putting patients at risk in the process. 

What Types of Post-Surgical Issues Can Give Rise to a Hernia Mesh Lawsuit?

Patients who experience hernia mesh complications after a hernia repair surgery involving the implantation of hernia mesh can pursue claims regardless of the specific issues they encounter post-hernia mesh surgery. If defective hernia mesh causes any health issue, this can provide grounds for the patient (or the patient’s family) to seek just compensation. To date, some of the most common post-surgical issues identified in hernia mesh lawsuits have included: 

• Abscesses 
• Adhesions
• Chronic pain
• Constriction of the repaired tissue or surrounding area
• Inflammation
• Internal bleeding
• Hernia mesh erosion or migration 
• Muscle weakness, limited range of motion, or immobility
• Sepsis
• Tissue perforation 

But, again, these are just examples. Patients and family members who have any concerns about potential complications after a herniorrhaphy involving the implantation of hernia mesh should consult with their doctor promptly. If their doctor diagnoses a complication caused by defective hernia mesh, they should also consult with a hernia mesh lawyer about filing a lawsuit as soon as possible. 

What is the Current Status of the Hernia Mesh Litigation? 

This question is a bit more complicated than it may initially seem. There are currently tens of thousands of lawsuits pending against C.R. Bard hernia mesh and other hernia mesh manufacturers across the country, and many claims have already been resolved via settlements or in court. Many of the pending claims have been consolidated in multidistrict litigation; and, according to recent reports, the hernia mesh MDL may soon culminate in a global settlement. 

However, many claims are also pending outside of the MDL, and numerous patients and families are still eligible to file hernia mesh lawsuits. Again, to avoid running out of time, patients and family members who have questions about filing a lawsuit should talk to hernia mesh lawyers as soon as possible. 

What Would a Global Settlement Mean for Plaintiffs? 

If a global settlement is reached in a hernia mesh trial, eligible plaintiffs will have the option of accepting a settlement or opting out. Plaintiffs will need to wait and see how much they would receive under the global settlement before deciding whether participating or opting out is in their best interests. 

For plaintiffs whose claims have not been consolidated under the MDL against C.R. Bard, a global settlement won’t mean much. While a global settlement may provide some insight into the typical settlement value of plaintiffs’ claims, individual plaintiffs’ claims vary widely. As a result, plaintiffs should not assume that the average award under the global settlement (if any) is indicative of the amount they may be entitled to receive. 

What Does it Mean if My Hernia Mesh Device Has Been Recalled? 

Numerous brands of hernia mesh products are subject to ongoing recalls. This includes recalls classified in Class I and Class II by the U.S. Food and Drug Administration (FDA). While Class I recalls are more serious than Class II recalls, all patients who received implants of recalled hernia mesh should monitor for signs of complications and consult with a doctor promptly if they have any questions or concerns. If a patient’s hernia mesh has been recalled, this doesn’t necessarily mean that he or she will experience complications; however, this is a very real possibility. 

What if My Hernia Mesh Implant Hasn’t Been Recalled? 

Not all brands of hernia mesh have been recalled. However, even if a patient’s hernia mesh is not subject to an ongoing recall, this does not necessarily mean that the mesh is safe. It is largely up to manufacturers to decide whether to issue a recall; and, in many cases, manufacturers do not issue recalls until their products have already caused significant and widespread harm. If your hernia mesh hasn’t been recalled, you can still file a lawsuit; and, if you have questions about filing a claim, you should talk to a lawyer right away. 

What are Plaintiffs Alleging in the Hernia Mesh Litigation? 

Plaintiffs in the hernia mesh litigation are alleging that defects in their hernia mesh are responsible for serious health complications, including (but not limited to) those listed above. At this point, most plaintiffs’ allegations that their hernia mesh is defective are supported by substantial evidence—as the hernia mesh litigation has now spanned well over a decade. 

What Damages Can Patients and Families Recover Through Hernia Mesh Lawsuits?

Patients and families who file hernia mesh lawsuits can seek to recover just compensation for all of the financial and non-financial losses they suffer as a result of a hernia mesh failure. This includes past, present, and future medical expenses, other out-of-pocket costs, pain and suffering, loss of consortium and companionship, and loss of enjoyment of life.  

How Much is the Average Hernia Mesh Settlement? 

It’s difficult to discern the true average hernia mesh settlement amount because not all settlements are made public. In C.R. Bard’s 2011 global settlement, the average plaintiff’s award was approximately $70,000. However, many patients and families are entitled to far more; and, whether a plaintiff is eligible to participate in a global settlement or needs to seek just compensation on their own, it is critical to ensure that they are seeking full compensation based on their unique personal circumstances. 

Do Patients and Families Still Have Time to File a Hernia Mesh Lawsuit? 

Patients and families still have time to file a hernia mesh lawsuit in many cases. Once again, if you think you may have grounds to file a lawsuit, it is strongly in your best interests to speak with a lawyer about your legal rights as soon as you can.