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Bard Hernia Mesh Lawsuit Updates to Watch in 2024

by | Apr 14, 2024 | Mass tort

In a world where medical advancements are meant to offer hope and healing, sometimes unforeseen consequences arise.

Enter the controversial realm of hernia mesh, an innovative solution that has left countless individuals entangled in a legal battle.

The term “hernia mesh lawsuit” has become a rallying cry for those who have endured unexpected complications, suffering, and the burden of legal battles.

This ought to be a newsworthy story that everyone is aware of.

We are constanly updating the latest information of hernia mesh lawsuits. You can find the complete history and details of hernia mesh lawsuit update until july 2023 here.

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Before diving into the lawsuit on hernia mesh, let me begin by introducing you to medical record review, an important element in the success of your hernia mesh lawsuit that you will come to know at the end of this blog.

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To understand the reason behind the hernia mesh lawusits, know about the details of hernia and hernia mesh.


Our abdomen is surrounded by layers of muscles and hard tissues, which protect our internal organs. A hernia is an opening in this muscular wall that causes the internal organ to protrude outward.

Types of Hernia

The most common types of hernias are:

  • Inguinal
  • Femoral
  • Incisional
  • Ventral
  • Umbilical
  • Hiatal

Causes of Hernia

Obesity, lifting heavy objects, diarrhea or constipation, or persistent coughing or sneezing can cause an increase in abdominal pressure, which can lead to a hernia. Poor nutrition, smoking, and overexertion can all weaken muscles and increase the risk of a hernia.

Prevention of Hernia

  • Maintain your ideal body weight
  • Eat more vegetables and fruits
  • Lifting anything that is beyond your ability should be avoided.
  • Consult a doctor if you are experiencing persistent coughing or sneezing.
  • Don’t smoke because the habit can cause coughing, which can cause a hernia

What’s Hernia mesh?

A hernia mesh or surgical mesh is a medical device that is used to offer extra support to weakened or injured tissue.

Top Hernia Mesh Manufacturers

  • Atrium Medical
  • AG B. Braun Melsungen
  • C.R.Bard
  • Ethicon
  • Gore Medical Inc.
  • The LifeCell Corporation
  • Medtronic

What is a hernia mesh made of?

The synthetic materials that hernia mesh is made of may be either absorbable or not, or both. Polypropylene, a synthetic plastic, is used to make the most common varieties of surgical meshes.

How hernia surgery is done?

In the United States, over one million hernia repairs are performed each year. Approximately 800,000 are for inguinal hernia repairs, with the rest for other types of hernias.

  • Open hernia surgery: In open hernia surgery, the hernia is inspected and repaired through a cut in the groin. After fixing the hernia, the surgeon closes the abdominal wall with stitches alone or stitches and a piece of mesh. The hernia’s weak spot in the abdominal wall will be strengthened with the mesh.
  • Laparoscopic hernia surgery: Laparoscopic hernia repair involves a number of tiny incisions in the lower abdomen, where the surgeon inserts specialized equipment to see and treat the hernia.The surgeon often reinforces and closes the abdominal wall using laparoscopic inguinal hernia mesh. Some surgeons choose robotic surgery, which entails sitting at a console and operating robotic arms to carry out the procedure.

Repair Hernia Without Mesh

In some cases, repairing a hernia without a mesh is possible. Let’s examine each one in turn.

Congenital Hernias

Congenital hernias are most commonly seen in children or newborn babies where there is no muscle defect. The testicles pass through a natural window in the groin that is usually open. As a result, mesh is not required in congenital hernias.

Traumatic Hernias

A traumatic hernia happens when an injury, most notably a stab wound to the abdomen, penetrates the abdominal wall, forming a hole through which the intestine can exit. There is no weakness of the muscle wall in these cases, and the hernia is usually patched up with stitches alone.

Small Umbilical Hernias 

There are normally no muscles in the area around the belly button. If the belly button hernia is very minor and the patient has good abdominal wall muscle tone, the hernia can be readily treated with just stitches without the need for mesh. Rarely, an umbilical hernia with mesh is required.

Recovering from Hernia Mesh Surgery

Just about all patients might go home the same day after they have a hernia mesh surgery. It could take four to six weeks to fully recover.

Patients should only perform necessary daily functions immediately after surgery, but they can begin light activities after a few weeks. Heavy activities can be commenced after six weeks.

It is essential to consult your practitioner if you are experiencing pain after the surgery.

Is hernia mesh permanent? How long does a hernia mesh last?

Polypropylene, polyester, and polytetrafluoroethylene (PTFE), which are the most often used mesh materials, stay forever and hardly ever lose strength.

Some more recent mesh materials are absorbable and, depending on the substance, the Hernia mesh lifespan degrades over a period of 6 to 18 months.

How do I know if my hernia mesh failed inside?

Failed mesh can cause potentially fatal complications if left untreated.

  • Hernia pain
  • Excessive scarring in the tissue
  • Inflammation
  • Harm to the nerves
  • Mesh shrinking is the hernia mesh symptom of an infection that represents hernia mesh failure.

These are all potential causes of mesh failure. Testicular and groin pain could result after an unsuccessful inguinal hernia repair.

Is hernia mesh dangerous?

Hernia mesh has been marketed as a quick and easy way to repair a hernia with minimal recovery time and complications.

The surgical mesh with cheap quality materials like Pro-Fax 6523 plastic is dangerous as it never lasts and may cause severe complications.

Are hernia mesh implants safe?

Implanting hernia mesh is not at all a harmful thing unless it causes any severe health issues for the people who had hernia surgery with surgical mesh.

Many patients have reported significant side effects and serious complications following hernia repairs. Those comments tell us that implanting hernia mesh may or may not be safe for all individuals.

What are the side effects of a hernia mesh after surgery?

The most frequent hernia mesh complications include pain, illness, adhesion, blockage, and perforation. Other rare side effects of hernia mesh repair include

  • A burning sensation at the surgery site.
  • Hernia mesh causes swelling and pain that might be caused by nerve damage or an allergic reaction to the mesh.

Hernia Mesh Death

Over the four-year period, there were 133 deaths out of 31,525 operations. Female femoral hernia operations had the highest mortality rate (37 deaths/1184 operations; 3.1%).

The 133 patients were elderly (mean age 79 years) and in poor health, but less than half of the operations were performed by consultant surgeons. Delays in referrals contributed to the deaths of 15 out of 133 patients.

Adhesions involving hernia mesh can also cause life-threatening for some patients.

If your loved one passed away due to the lethal effect of his/her hernia mesh surgery you can file a wrongful death claim against the mesh manufacturer with proper medical records of the patient.

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Pregnancy with Hernia Mesh

The abdominal wall’s elasticity may be limited after repair with a mesh, which could hurt if you get pregnant again. When a patient has a small hernia that causes no symptoms, it may be preferable to wait to repair it until after childbirth.

Lawsuit on Hernia Mesh

People who suffered severe injuries when their surgical mesh implants failed can file a hernia mesh lawsuit against the manufacturers of surgical mesh.

Atrium, Bard, Davol, and Ethicon are a few of the medical device manufacturers whose products have been the object of lawsuits.

C.R. Bard settled over 3,000 lawsuits on hernia mesh for $184 million in 2011, which is the highest hernia mesh settlement sum to date.

Is the hernia mesh lawsuit still going on?

Undoubtedly, yes. More than 18,000 lawsuits on Hernia Mesh have been filed against Bard in state and federal court systems, alleging that the company’s hernia mesh devices are flawed and lead to severe problems.

Bard is only one of the manufacturers involved in litigation related to hernia mesh.

What is the latest update on the Hernia Mesh Lawsuit 2024?

More than 25,000 hernia mesh lawsuits were pending as of April 2024. Approximately 21,500 lawsuits were against C.R. Bard, 439 against Ethicon, 672 against Covidien, and 3,340 against Atrium. 

April 1, 2024, Bard hernia mesh lawsuit update

Last month, more than 400 new cases were filed against Bard’s hernia mesh. The total number of lawsuits filed against Bard’s hernia mesh is now 21,673. The much awaited fourth bellwether trial in the Bryan v. C.R. Bard Inc. lawsuit will take place in April 8, 2024.

March 1, 2024, Bard hernia mesh lawsuit update

Another 100 lawsuits were filed against Bard.  As the next bellwether trial was scheduled for next month, victims are in a hurry to file a lawsuit. The overall lawsuits filed against Bard is now more than 21,200.

February 1, 2024, Bard hernia mesh lawsuit update

In january 2024, approximately 200 lawsuits were filed against the Bard hernia mesh. Though the cases are pending in the court, new lawsuits are constantly increasing. As of february, nearly 21,100 bard hernia mesh lawsuits are filed.

Hernia Mesh Lawsuit Update July 2023

The C.R. Bard hernia mesh multi-district litigation (MDL), which had more than 18,000 claims as of January 2023, is now the second-largest mass tort litigation in history, only after the enormous 3M earplugs MDL.

December 20, 2023, Ethicon hernia mesh lawsuit update

In a multidistrict lawsuit spanning 224 cases in Georgia, Johnson & Johnson and its subsidiary Ethicon have come to an agreement.

November 18,2023, Bard hernia mesh lawsuit update

Over the past 30 days, 400 more cases have been added to the Bard hernia mesh MDL. The number of claimants in this hernia mesh MDL is at 20,768. The Bard hernia mesh MDL has seen more than 300 new cases per month on average since the beginning of 2023.

September 20, 2023, Bard hernia mesh lawsuit update

20,405 cases are still ongoing in the MDL as of this now. Last month, the MDL did add 191 more cases, bringing the total number of cases to 20,126 litigations.

August 4,2023, Bard hernia mesh lawsuit update

The third bellwether trial in the Stinson v. C.R. Bard case was set to start on October 16, 2023. The MDL judge gave the parties until August 14, 2023 to wrap up any new fact depositions, and until September 27, 2023, to wrap up any additional expert depositions.

July 20,2023, Bard hernia mesh lawsuit update

The FDA posted a new article regarding the pros and cons of surgical mesh last week. Nearly 225 new cases were added to the MDL last month.

June 4,2023, Bard hernia mesh lawsuit update

Bard has changed their stance on Stinton going to trial because they claim that the plaintiff’s injuries have worsened to a degree where it no longer serves as a suitable representative case. However, this reasoning seems baseless. The first two bellwether trials were not favorable for the plaintiffs, so they could be considered uncharacteristic. This sudden decision aligns with Bard’s strategy of prolonging the legal process, as they aim to retain their funds for as long as possible. By causing delays, Bard hopes that the plaintiffs will eventually settle for smaller payouts when the case finally concludes. If the judge agrees to postpone the Stinson trial, which is unlikely, it will further prolong the preparation for the next trial.

May 19, 2023, Bard hernia mesh lawsuit update

The MDL 2846 held a Case Management Conference to review the latest developments in the third and fourth bellwether lawsuits (Stinson and Bryan). On June 13, 2023, the following Case Management Conference is expected. It is hoped that by putting pressure to Bard in these next two trials, a long-awaited settlement would be reached before one of these hernia mesh lawsuits goes to trial.

May 15, 2023, Bard hernia mesh lawsuit update

206 additional cases have been added to the MDL in the preceding month. The total number of hernia mesh litigants now stands at 19,476. A total of 1,000 additional cases have been added to the Bard hernia mesh MDL since the year’s beginning.

March 22, 2023, Bard hernia mesh lawsuit update

The third bellwether trial has been rescheduled for October 16, 2023 by the judge overseeing the Bard hernia mesh class action MDL. Originally set for May 15, 2023, the trial was suddenly postponed earlier this month at the request of Bard’s defense team by Judge Sargus. Notwithstanding the mixed outcomes of the first two bellwether cases (one victory for the plaintiffs and one defeat), a jury in a hernia mesh lawsuit in a Rhode Island state court awarded $4.8 million in August 2022.

March 20, 2023, Bard hernia mesh lawsuit update

On May 15, 2023, the third bellwether test trial in the C.R. Bard hernia mesh class action was scheduled to begin. But, the MDL Court approved Bard’s request to formally adjourn that trial last week. Although a new trial date has not yet been set, it most likely will occur this year.

It is expected that this case will be settled. The plaintiff received summary judgment last week, which is probably what Bard needed before presenting a fair settlement proposal.

January 18, 2023, Bard hernia mesh lawsuit update

The third Bellwether trial in the Bard Hernia Mesh lawsuit is scheduled to begin on May 15. Over the last month, the hernia mesh class action lawsuit against C.R. Bard has added 176 more cases. This is the most significant percentage rise of any product liability MDL over that time period. The total number of ongoing cases in the MDL is now 18,403. There is a chance that the matter will be settled before it goes to trial. On May 2nd and 3rd, the pre-trial conferences will be held.

January 3, 2023, Bard hernia mesh lawsuit update

Despite the fact that there is more than 5,000 Covidien hernia mesh litigation pending in Massachusetts state court, there are only 136 active cases in this MDL at the moment. An attempt is being made to coordinate the evidence in the state and federal procedures. Those state court cases have been combined in a manner similar to an MDL.

Bard Hernia Mesh Lawsuit Update 2022

December 28, 2022, Bard hernia mesh lawsuit update

The number of plaintiffs in the C.R. Bard hernia mesh class action case is increasing as we come closer to the crucial third bellwether trial, which was just moved from February to May 2023.

The MDL now has 18,227 ongoing claims after 273 additional hernia mesh lawsuits against Bard were added during the past month. A total of 3,380 new cases, or a 23% increase, were added to the Bard hernia mesh MDL in 2022. The second-largest mass tort is the Bard hernia mesh MDL.

September 26, 2022, Bard hernia mesh lawsuit update

The trial in the case of Stinson v. C.R. Bard et al. in the Bard Hernia Mesh MDL 2846 has been set for February 21, 2023. By October 7, 2022, dispositive motions and expert challenges must be filed.

If Bard does not offer reasonable settlement amounts, their motions will be denied, and the trial will proceed.

September 9, 2022, Bard hernia mesh lawsuit Update

The next bellwether trial case is set to begin at 9:00 a.m. on February 21, 2023, in Courtroom 311 of the federal courthouse in Columbus, Ohio. Stinson v. C.R. Bard et al. is the case.

This puts a significant strain on the upcoming settlement talks. Bard does not want to accept another multimillion-dollar verdict like the one it received in Trevino.

September 1, 2022, Bard hernia mesh lawsuit Update

An investigation reveals that C.R. Bard may have knowingly used a type of plastic in its hernia mesh products that its supplier declared unfit for that purpose during a recent hernia mesh trial in Rhode Island state court.

Based on the evidence presented at trial, C.R. Bard used a plastic resin called Pro-Fax 5623 in its hernia mesh products despite express warnings from the plastic supplier not to do so.

Hernia Mesh Bellwether Trials 2022

The first bellwether trial in Ohio was awarded in favor of Bard and its subsidiary Davol, with the jury finding the company not liable for the plaintiff’s injuries caused by Ventralight ST hernia mesh.

In a second bellwether trial, a man who accused C.R. Bard of designing a defective hernia mesh patch was awarded $250,000 in the multidistrict litigation over hernia mesh products.

According to the complaint, the plaintiff in the lawsuit had a Ventralex Hernia Patch implanted in July 2007. Because of the patch, he had to have several surgeries. The plaintiff, along with his spouse, filed a lawsuit and was awarded.

Class action Lawsuit on Hernia Mesh

Individual lawsuits are filed for injuries caused by hernia mesh, not class actions. Because there are thousands of individual injury lawsuits, judges have consolidated them into large groups known as “multidistrict litigations,” or MDLs, in order to shorten litigation time and save funds.

Hernia Mesh Lawsuit Update- Compensation Claims

Many people who have experienced severe side effects of hernia mesh after hernia surgery are filing a lawsuit on hernia mesh against the manufacturers of the mesh for the purpose of compensation.

Economic factors such as past and future medical expenses and wage loss are included in compensation claims in hernia mesh lawsuits.

Hernia Mesh Lawsuit Settlement Amounts 2022

The latest hernia mesh settlements and verdicts include a $66 million potential settlement for Atrium C-QUR mesh and a $255,000 verdict against C.R. Bard in April 2022.

In May 2022, Ethicon proposed a settlement but did not specify the amount.

Average settlement for hernia mesh lawsuit Predictions

According to attorneys, the allegations in the ongoing hernia mesh lawsuit might result in a settlement of between $50,000 and $1,000,000.  But, it may take between three to seven years for a complicated case such as a hernia mesh lawsuit to settle, as per attorney Trent B. Miracle.

What do you need to know before filing – a hernia mesh lawsuit?

You need to be aware of the details regarding the mesh used during your hernia repair surgery before filing a lawsuit on hernia mesh.

You should provide the following two points of information to your attorney for hernia mesh: Know the name of the company that made your hernia mesh device, as well as the day of your operation.

Make sure your hernia mesh injury attorney is aware of how hernia mesh complications have affected your ability to perform daily activities if you want to receive fair compensation.

Make your medical records perfect for your attorney’s better understanding of your health, which will almost ensure success in your hernia mesh lawsuit, if you truly deserve it.

If a person experiences any symptoms or discomfort following hernia surgery, he or she should actively seek medical attention right away. This may help him with any claims he may file if the problem is caused by a faulty hernia mesh.

When medical records are error-free and lack confusion, they can serve as strong evidence. LezDo TechMed assists attorneys in reviewing plaintiffs’ medical records. We are skilled at extracting relevant data from medical records and presenting it as proof in a lawsuit.

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Do I qualify for a lawsuit on Hernia Mesh?

If either you or a member of your family needs corrective surgery as a result of concerns from the hernia mesh procedure, you might be qualified to file a lawsuit on hernia mesh.

You may very well be able to file a lawsuit on hernia mesh against the manufacturer under both mass tort and personal injury claims against the manufacturer of the hernia mesh used in your hernia surgery.

To conclude, let me leave you a question: “Do you have any idea why these kinds of products are still being marketed after resulting in so many lawsuits?”

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