The hernia mesh litigation — one of the longest-running mass tort categories in the U.S. federal court system — continues to see significant activity across multiple MDL dockets as manufacturers work through settlement negotiations and trial preparation.
Current State of the Litigation
Hernia mesh cases are consolidated across several MDLs targeting different manufacturers:
- C.R. Bard/Davol (MDL 2846): The largest hernia mesh MDL, with thousands of cases alleging that Bard's polypropylene mesh products caused complications including chronic pain, mesh migration, organ perforation, infection, and the need for revision surgery
- Ethicon/Johnson & Johnson (MDL 2782): Cases alleging similar complications with Ethicon's Physiomesh and other hernia mesh products
- Atrium Medical (MDL 2753): Cases involving Atrium's C-QUR mesh, which uses a fish oil coating that plaintiffs allege causes severe inflammatory reactions
Settlement Progress
C.R. Bard has been the most active in settlement negotiations, reportedly offering individual settlements ranging from $50,000 to $250,000+ depending on the severity of complications, the number of revision surgeries required, and other case-specific factors. However, many plaintiffs and their attorneys have criticized these offers as inadequate, particularly for patients who have undergone multiple revision surgeries or suffered permanent injuries.
Ethicon's settlement progress has been slower, with bellwether trial preparation continuing in parallel with negotiations.
What Went Wrong With Hernia Mesh
Surgical mesh is used to reinforce tissue during hernia repair. The majority of hernia mesh products are made from polypropylene, a synthetic plastic. While mesh-based hernia repair has a lower recurrence rate than suture-only repair, a significant number of patients have experienced serious complications.
Plaintiffs allege that manufacturers knew their mesh products had design defects — including a tendency to shrink, degrade, and provoke chronic inflammatory responses — but marketed them as safe and effective without adequate warnings about the risk of complications.
What Affected Patients Should Know
Patients who received hernia mesh implants and experienced complications such as chronic pain, infection, mesh migration, bowel obstruction, or the need for revision surgery may still be eligible to file claims. Statutes of limitations vary by state, so timely consultation with a mass tort attorney is important.