These lawsuits primarily revolve around allegations of design defects, negligence, and improper product labeling. In the typical case, plaintiffs argue that the mesh material is unsuitable for permanent implantation, leading to complications and injuries. Depending on the specifics of your situation, your lawsuit may become part of an existing multidistrict lawsuit.
It’s essential to distinguish between verdicts and settlements in hernia mesh cases. A settlement is a voluntary agreement between the parties involved, while a verdict is a decision rendered by a judge or jury following a trial. Some cases have reached verdicts, but many have resulted in confidential settlements.
Latest Updates
Here are the most recent updates on hernia mesh cases:
June 2023: Pending cases include 19,707 cases against Davol, Inc./C.R. Bard, 565 against Ethicon, 507 against Covidien, and 3,382 Atrium cases.
April 2023: The multidistrict litigation (MDL) involving Ethicon is ongoing, although certain cases were dismissed following a confidential settlement reached in September 2021.
March 2023: The date for the third hernia mesh bellwether trial, Stinson v. C.R. Bard, et al., has been rescheduled to commence on October 16, 2023.
February 2023: The C.R. Bard MDL has seen a continuous rise in pending claims, with the number now standing at 18,813.
April 2022: In the second bellwether trial, Antonio Milanesi was awarded a verdict of $255,000 against C.R. Bard.
December 2021: In the Atrium MDL, the judge granted a Motion to Establish a Qualified Settlement Fund. The details of the settlement are undisclosed, but Atrium reportedly allocated $66 million.
September 2021: Ethicon reached a global settlement agreement, the terms of which are confidential.
Legal experts suggest that the $4.8 million verdict against Becton Dickinson, a C.R. Bard subsidiary, in August 2022 may lead to global settlements for other plaintiffs. Plaintiffs have filed lawsuits against three main manufacturers in federal court: Bard Davol (a subsidiary of C.R. Bard), Atrium (a subsidiary of Getinge Group), and Ethicon (a subsidiary of Johnson & Johnson). State lawsuits are pending against Covidien, Medtronic, and W.L. Gore & Associates.
Average Payout on a Hernia Mesh Lawsuit
Determining the average compensation for a hernia mesh lawsuit settlement can be challenging due to many settlement amounts not being publicly available. In 2011, C.R. Bard agreed to pay $184 million to settle 2,600 state and federal suits over its hernia mesh patches.
Legal experts specializing in hernia mesh lawsuits suggest that settlement amounts typically range between $65,000 and $80,000. However, these awards can reach as high as $1 million in certain instances. Keep in mind that these figures are approximate, and individual settlements may vary.
How Long Does a Hernia Mesh Settlement Take?
The duration of a hernia mesh settlement varies from case to case. Complex cases can last up to five years and even up to 10 years if there is an appeal. Factors influencing case length include complexity, the discovery process, scheduling issues, trial motions, and the appeals process.
Disputes over liability or the specific compensation amount can extend the settlement process. In multidistrict litigation, complexity, multiple jurisdictions, and differing interests can also add time to the resolution.
Eligibility for a Hernia Mesh Settlement
To determine your eligibility for a hernia mesh settlement, consult an experienced hernia mesh lawyer. Eligibility typically requires:
- Injuries from one of the named mesh brands in the lawsuits.
- Hernia mesh surgery with complications such as infection, mesh failure, adherence, perforation, migration, bowel obstruction, or seroma leading to revision surgery.
- Filing a lawsuit within your state’s statute of limitations.
Your attorney will help you gather the necessary documentation related to your surgery, which can serve as evidence in your case.
Factors Affecting Settlement Amounts
The settlement amount in hernia mesh cases varies based on several factors, including:
- Severity of injuries, encompassing complications like chronic pain, infections, or the need for additional surgeries.
- Medical expenses, including surgical costs, hospitalization, medications, and rehabilitation.
- Economic impact, such as lost wages, medical bills, and reduced earning capacity.
- Effect on the plaintiff’s quality of life and the level of pain and suffering.
The strength of the plaintiff’s case and evidence demonstrating the defendant’s liability or negligence can also influence settlement amounts. Verdicts in bellwether trials can set benchmarks for future settlements.
Hernia Mesh Settlement Process
Resolving a hernia mesh case involves several key stages:
- Filing the appropriate claim.
- Engaging in the discovery process.
- Presenting pre-trial motions.
- Reach out to us and we will guide you to the compensation money for free.
