Hernia Mesh Lawsuit

Hernia mesh is a flexible sheet that provides support to weakened tissue or muscle. It’s used to repair hernias. Hernias occur when an organ pushes through the tissue or muscle that’s supposed to contain it. Some hernia devices are made from animal tissue, while other options are made from synthetic materials. 

The body usually won’t absorb synthetic hernia mesh, so it’s considered a permanent reinforcement. However, the mesh may degrade over time.

Versions of hernia mesh have been used since 1958. Today, the U.S. Food and Drug Administration (FDA) reports that “most hernia repair surgeries in the U.S. use mesh.” The devices are believed to minimize time spent in surgery and recovery. But, if defective, they may cause severe complications.

Well-known hernia mesh manufacturers include:

• Atrium Medical Corp.
• B. Braun SE
• Becton, Dickinson and Company (BD)
• Boston Scientific
• C.R. Bard
• Coloplast
• Covidien
• Davol, Inc.
• Ethicon Inc.
• Johnson & Johnson
• Medtronic PLC
• W.L. Gore & Associates

Hernia mesh complications and side effects

The plaintiffs in hernia mesh lawsuits allege that the synthetic mesh used to treat their hernias caused serious health conditions, including: 

• Abscess
• Abdominal abscess formation
• Abdominal tenderness
• Adhesion to internal organs
• Bowel paralysis or obstruction
• Chronic and excessive inflammation
• Chronic pain
• Deformation of mesh, which can inhibit function or cause issues with nearby bodily structures
• Distended abdomen
• Erosion
• External fistulas
• Foreign body response
• Fluid in abdomen
• Granulomatous response
• Improper wound healing
• Infection
• Internal fistulas
• Intestinal or bowel perforation
• Mesh migration
• Nerve damage
• Organ perforation
• Pelvic inflammatory disease
• Perforation of intestinal walls
• Peritonitis
• Persistent surgical site drainage
• Post surgical infections
• Recurrence of hernia
• Rejection of mesh
• Ring migration through abdominal wall
• Scarification
• Sepsis
• Seroma formation
• Severe persistent abdominal pain
• Tissue damage and death

More than 30,000 people are suing hernia mesh makers in state and federal courts. The plaintiffs allege that the synthetic mesh caused severe injuries such as chronic pain, infections and organ damage. Deaths have also been linked to hernia mesh complications. Plaintiffs filed the first hernia mesh lawsuits in 2006. 

Hernia mesh recalls

Injuries in connection with hernia mesh complications have led to a number of recalls, including:

• Atrium C-Qur Mesh: Atrium issued a recall in July 2013 for its C-Qur Mesh products. The recall affected nearly 33,000 units that may have been affected by humidity.
• Covidien Parietex Composite Parastomal Mesh: In October 2018, Covidien recalled more than 7,300 Parietex surgical mesh products. The company issued the recall after finding failures using certain surgical methods. The recall ended in May 2020.
• Davol Inc. Composix Kugel Mesh: Davol recalled some hernia mesh batches in 2005 and continued to add to the recall through March 2006. The recall then expanded to more than 100,000 units in 2007. Davol is a subsidiary of C.R. Bard, one of the most well-known hernia mesh defendants.
• Ethicon Physiomesh: Ethicon recalled its Physiomesh products in May 2016. The recall came after two studies suggested that Physiomesh had a higher failure rate than comparable products. Ethicon is a subsidiary of Johnson & Johnson.

Hernia mesh products from other manufacturers have also been recalled. But they might not be related to the mass lawsuits associated with serious injuries.

Thousands of hernia mesh lawsuits are pending in federal court. They’re organized into mass legal actions called multidistrict litigation (MDL). An MDL is a type of mass tort that allows plaintiffs who’ve suffered similar harms to work together. The MDL consolidation allows attorneys to efficiently gather information and help the courts run more efficiently. They usually start with “test cases” called bellwether trials.

Next up are the MDLs pending in federal court. The number of claims in the sections below were current for each MDL as of April 1, 2025.

Bard hernia mesh lawsuits

In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL No. 2846 had 24,080 actions pending. 
In October 2024, Becton, Dickinson and Company – the parent company of Bard – approved a settlement to resolve nearly 38,000 lawsuits spanning 20 years. This agreement includes federal cases and cases filed in Rhode Island state court. Motley Rice attorneys Donald Migliori and Jonathan Orent hold plaintiffs’ leadership positions in the Rhode Island cases. 

The settlement could include nearly every plaintiff, with payouts taking place over several years. The company didn’t disclose the exact terms or admit fault. Plaintiffs can opt out of the settlement to pursue their cases.

Bard’s hernia mesh products were recalled several times from 2005 to 2007. The U.S. Food and Drug Administration (FDA) classified these recalls as Class 1. That class of recall indicates the highest concern for possible harm.

Motley Rice attorneys are still accepting clients, but only in situations where hernia patients were seriously injured. Our attorneys are actively involved in the Rhode Island state court cases, not the federal MDL.

Covidien/Medtronic mesh MDL

In re: Covidien Hernia Mesh Products Liability Litigation (No. II), MDL No. 3029 had 1,704 actions pending. Covidien is owned by Medtronic, which has also been involved in litigation concerning other defective medical devices.

Counsel for plaintiffs and defendants was scheduled for mediation in late March and early April 2025. If these settlement negotiations are successful, the parties might avoid bellwether trials. 

Motley Rice attorneys are more directly involved in cases centralized in Massachusetts State Court. Thousands of cases have been filed here. 

Atrium hernia mesh MDL

In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, MDL No. 2753 had 436 actions pending. The Atrium litigation is nearing its end, with a decline in active or pending cases month over month.

Plaintiffs allege that the omega-3 fatty acid gel and polypropylene plastic used to make the Atrium C-Qur mesh weren’t suitable for internal use.

Johnson & Johnson mesh/Ethicon Physiomesh MDL

In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, MDL No. 2782 had 14 plaintiffs as of April 1, 2025. More than 4,000 cases have been resolved in some way. Ethicon is a subsidiary of Johnson & Johnson.

Ethicon Hernia Mesh was first approved in April 2010 under FDA 510(k) clearance. This means it didn’t require FDA review or clinical trials to evaluate its safety before going on the market. Ethicon withdrew its Physiomesh hernia mesh product from the market in May 2016. This move followed its review of two unpublished studies that showed a higher failure rate of the Ethicon hernia mesh than that of similar hernia repair devices. In 2012, Ethicon first notified the U.S. District Court for the Southern District of West Virginia that it would withdraw Physiomesh in the U.S.

If you’ve suffered a serious injury or illness after having hernia mesh implanted, you may be eligible to file a lawsuit. You may also be able to file a lawsuit on behalf of a loved one who passed away, possibly as a result of hernia mesh injuries. You could also file for someone who isn’t capable of filing a claim on their own.

If you’re unsure of the type of mesh your doctor implanted, you may contact Motley Rice hernia mesh lawyers or ask your healthcare provider.

Hernia mesh settlements and payouts

Several hernia mesh lawsuits have gone to trial or settled. Here are key verdicts and settlements: 

• In Rhode Island Superior Court, Motley Rice attorneys for Paul Trevino won a $4.8 million jury verdict. Davol appealed, but it appears that the proposed resolution will include the Trevino verdict.
• The plaintiff in the second bellwether trial in MDL No. 2846 (the Bard/Davol cases) won $255,000 in damages.
• Becton, Dickinson and Company has plans to settle most of the remaining hernia mesh lawsuits. The company hasn’t disclosed terms, but Reuters reported that the company set aside $1.7 billion for product liability litigation.
• Ethicon settled with 10 plaintiffs, who have since received their payments. Terms of the settlements weren’t disclosed.
• In 2021, Atrium announced that it had set aside more than $66 million to settle claims against its hernia mesh products. The full terms weren’t disclosed.

Motley Rice attorney Don Migliori is co-lead counsel for hernia mesh litigation In re: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation. Attorney Jonathan Orent is lead counsel for In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation. Don and Jonathan also serve as co-lead counsel, liaison counsel and members of the Plaintiffs’ Steering Committee for In re: Davol/C.R. Bard Hernia Mesh, which is collected in Rhode Island state court.

Our medical attorneys have represented thousands of patients seriously hurt by dangerous prescription medications, over-the-counter medications and medical devices. Our experience includes helping victims of defective glucose monitors, faulty hip implants and other devices and drugs, in addition to representing patients in the above cases.

We understand that as a patient or family member, you may have limited knowledge of your medications or a loved one’s meds.

If you believe a medicine or medical device made you sick or hurt you, our lawyers can thoroughly investigate and:

• Identify potentially harmful medicines and devices
• Review whether the medicine or device did hurt you
• Review the manufacturer’s compliance with FDA regulations
• Examine the adequacy of the manufacturer’s warning to you about potential side effects
• Recognize other issues that could affect your potential claim

Learn more about how we’ve helped people seek accountability through medical device litigation and medical drug lawsuits.