Cases

Hernia Mesh Lawsuits

Hernias are a relatively common problem that for many requires surgery to alleviate daily pain, discomfort and other symptoms. Unfortunately, some who were promised a solution by having hernia mesh implanted to repair the hernia instead found themselves facing potential infections, hernia recurrence and more surgeries.

Motley Rice attorney Don Migliori is co-lead counsel for the hernia mesh litigation In re Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, and attorney Jonathan Orent is lead counsel for In re Atrium Medical Corp. C-QUR Mesh Products Liability Litigation. The firm is also reviewing cases involving several additional brands of hernia mesh that have reportedly caused severe complications, including Composix® Kugel® mesh patches (manufactured by C.R. Bard subsidiary Davol) and all hernia mesh manufactured by C.R. Bard made of Marlex polypropylene.

If you are unsure of the type of mesh your doctor implanted, you may contact a Motley Rice hernia mesh attorney or ask your healthcare provider.

Contact a Hernia Mesh Attorney

If you or a loved one suffered side effects or had additional surgeries after receiving a hernia mesh implant, contact medical device attorney Jonathan Orent by email or call 1.800.768.4026.

Hernia Mesh Side Effects

Whether implanted laparoscopically or through open surgery, mesh devices are commonly used to strengthen weakened or damaged tissue in hernia repair procedures. The flexible sheets, which can be synthetic or animal-tissue based, grew in popularity as a hernia repair technique throughout the 1980s, and accounted for roughly 90 percent of procedures by 2000, according to the Food and Drug Administration. The devices are believed to minimize time spent in surgery as well as recovery. If defective, however, they can cause severe complications.

Hernia mesh made of non-absorbable Marlex polypropylene may cause serious side effects, including:

  • Additional surgeries to treat a hernia recurrence
  • Adhesions
  • Bacterial infections
  • Hernia recurrence
  • Mesh migration
  • Obstructions
  • Pain
  • Swelling

Unfortunately, some hernia mesh complications may be so severe that they cause death.

Johnson & Johnson Ethicon Hernia Mesh 

Ethicon, a Johnson & Johnson subsidiary, withdrew its Physiomesh hernia mesh product from the market in May 2016 following its review of two unpublished studies that showed a higher failure rate of the Ethicon hernia mesh compared to that of other, similar hernia repair devices.

The two unpublished analyses conducted by Herniamed German Registry and Danish Hernia Database determined Ethicon’s hernia recurrence and reoperation rates were higher than average.

Ethicon Hernia Mesh was first approved in April 2010 under FDA 510(k) clearance, meaning it did not require FDA review or clinical trials to evaluate its safety before being placed on the market.

Motley Rice’s Leadership in Mesh Litigation

In addition to serving as co-lead counsel for the Ethicon Physiomesh multidistrict litigation and lead counsel for the Atrium C-QUR multidistrict litigation, Motley Rice attorneys have litigated cases involving other defective mesh products for more than a decade and continue to hold leadership roles in litigation and mesh-related settlements. Motley Rice attorney Don Migliori serves as the co-lead plaintiffs' counsel and liaison counsel for the Composix Kugel Mesh multidistrict litigation in federal Rhode Island court on behalf of thousands of people alleging injury by the hernia repair patch. Additionally, he serves as liaison counsel for the nearly 2,000 Composix Kugel Mesh lawsuits consolidated in Rhode Island state court.  Additionally, the firm has experience litigating cases against Johnson & Johnson and other transvaginal mesh manufacturers.

Motley Rice attorney Jonathan Orent has represented thousands of women as co-liaison counsel for TVM litigation In re C.R. Bard Inc. in New Jersey state court, and as state court liaison counsel in Massachusetts.

In 2014, a West Virginia jury found Ethicon liable in a bellwether trial, awarding a $3.27 million verdict to one woman harmed by Ethicon’s TVT-O pelvic mesh sling. Motley Rice attorneys and co-counsel represented the woman.

In 2015, Motley Rice attorneys were co-lead trial counsel in the case, Deborah Barba v. Boston Scientific Corporation which resulted in a verdict for our client Deborah Barba. The jury awarded her $100 million in damages, $75 million in punitive damages and $25 million in compensatory damages, finding that medical device manufacturer Boston Scientific was liable for several permanent and serious injuries caused by its Advantage Fit and Pinnacle TVM products. The jury found that Boston Scientific negligently designed and manufactured its Pinnacle and Advantage Fit devices and also failed to warn unsuspecting doctors and patients of the dangerous risks of the product. This was the largest TVM jury verdict in the history of the litigation. On Oct. 9, 2015, Judge Johnston upheld the jury’s findings on Boston Scientific’s liability and marked the passing of another hurdle in what was expected to be a long post-trial process, and at that time reduced the final damages to $10 million.

Motley Rice attorneys continue to hold leadership roles in pelvic mesh cases filed in both state and federal courts related to several different types of mesh, including those produced by American medical Systems, Boston Scientific, C.R. Bard, Inc., Covidien and Johnson & Johnson. Firm co-founder Joe Rice led negotiations and reached a settlement with American Medical Systems, Inc., on behalf of thousands of women allegedly injured by its mesh products. The firm continues to represent thousands of other women in transvaginal mesh lawsuits. 

Learn more about Composix® Kugel® mesh lawsuits.

*Prior results do not guarantee a similar outcome.