August 29, 2022: Paul Tervino, a municipal worker from Hawaii, was awarded $4.8 million by a Bristol County Superior Court jury in Rhode Island. The jury found Bard/Davol's hernia mesh kit was defective and Bard failed to warn of that defect. Show This is huge verdict that will hover over hernia mesh settlement negotiations. Expected Bard hernia mesh settlement amounts are higher today than they were yesterday. August 28, 2022: As we wait for news of the verdict in Rhode Island in Paul Trevino, et al. v. Davol/Bard, let's talk about the new Coviden class action lawsuit. Judge Patti B. Saris held her first monthly status conference with attornyes in the Covidien hernia mesh class action MDL. This two-month-old Massachusett-based class action already has almost 100 mesh lawsuits. Over the next few weeks, Judge Saris will focus on making appointments of attorneys to serve on the plaintiffs’ leadership committee. After that is done, the next agenda items will be the formation of a joint discovery plan and process for selecting bellwether test cases. The hope is that Bard settles soon and that creates a domino effect where reasonable settlement amounts are offered in these smaller class actions. August 24, 2022: The judge in the C.R. Bard Hernia Mesh MDL appointed a settlement mediator to help facilitate negotiations on a global settlement of all remaining cases. This is a significant development because the new settlement mediator was appointed with pursuant to a joint agreement between the parties, a strong indication that a global settlement amounts could soon be finalized. The class action judge also scheduled two more bellwether trials for February (Stinson, finally) and May of next year. This should give both sides extra incentive to get a settlement compensation deal done by the end of the year. July 23, 2022: More hernia mesh lawyers are filing lawsuits which could be a harbinger of a global hernia mesh settlement. Why? Many lawyers close their doors to new lawsuits when a global settlement amount is reached. The last monthly period saw another high volume of new hernia mesh lawsuits added to the C.R. Bard hernia mesh class action lawsuit in Ohio. Between June 15 and July 15, a total of 216 new hernia mesh lawsuits were transferred into the Bard MDL, bringing the total Bard mesh lawsuits in the class action to 17,195. Are these filings evidence that there is merit to rumors that a global hernia mesh settlement agreement may soon be in the works? No. But if you are inclined to be optimistic, this gives you another reason to believe settlement amounts will soon be offered to victims. July 16, 2022: In the updates below, we talk about how both sides appealed Antonio Milanesi's verdict. The judge in the C.R. Bard Hernia Mesh MDL denied motions filed by both sides seeking to undo the $225,000 verdict awarded in the 2nd bellwether trial back in April. The verdict pleased no one. The defendants had filed a motion seeking to overturn the verdict because they claimed that the plaintiffs had failed to present adequate evidence of causation. The plaintiffs wanted a new trial because they didn’t think the jury awarded enough damages. Yet nothing will change. In a pair of orders, the Bard class action judge denied both motions. This means the bellwether verdict will stand unless overturned on appeal. July 7, 2022: The Bard hernia mesh class action judge denied defendant's request for a docket control order that we talked about in our last update. Such an order would have put pressure on plaintiffs to put marshal evidence to support their case, including possibly expert testimony. Plaintiffs' lawyers saw this as a wildly premature request that would put an undue burden on plaintiffs and their attorneys. What Bard is doing here is likely a good sign that it may soon offer reasonable settlement amounts to resolve the hernia mesh cases. Why? Defendants do not want to pay plainitffs who they cannot fully verify have suffered injuries that would warrant a settlement compensation payout. That is fair but there are far more reasonable ways to verify the victims' injuries. Settlement talks have stalled in the hernia mesh lawsuits with Bard. This makes little sense because Bard has already agreed to settlement payout amounts for a large number of hernia mesh lawsuits in Rhode Island. July 1, 2022: As C.R. Bard seeks a docket control order in the ongoing hernia mesh MDL, new hernia mesh lawsuits against Bard continue getting filed around the country and transferred into the MDL. In the last week, 10 more Bard hernia mesh lawsuits were transferred into the MDL class action. Four of the new mesh lawsuits came from the District of Rhode Island and 6 from the District of Minnesota. June 14, 2022: The defendants in the largest of the hernia mesh MDLs, C.R. Bard and Davol, are now asking the MDL judge to issue a “docket control order” that would reduce the number of new mesh lawsuits coming into the MDL. The C.R. Bard hernia mesh MDL was established in 2018 and has grown to include 16,803 pending cases by plaintiffs alleging that they suffered various injuries and complications from the defective design of Bard’s mesh implants.
Hernia Mesh Lawsuit Settlement Amounts If you are a potential plaintiff, you want to know the expected average settlement amounts of the hernia mesh cases. Below, our hernia mesh lawyers look at statistics and data and try to give answers as to what the average hernia mesh payout might be. This is a useful exercise. These cases are ultimately about money to compensate victims for the harm done. But just keep in mind when it comes to ultimate settlement value and the expected average individual payout, our lawyers are merely speculating based on the facts and prior cases. So what do we estimate for the average payout for a hernia mesh lawsuit? Certainly, this will depend on how successful the bellwether trials are in 2022. Yes, we lost the one surgical mesh lawsuit that went to trial this year. There will be others. Prior verdicts and settlements from comparable cases suggest that hernia mesh claims will likely be worth $50,000 to $1 million depending on individual circumstances. The likely range of a jury compensation payout should be in the $500,000 to $5 million range. (Our lawyers put this range up before the $4.8 million verdict in Trevino in Rhode Island state court in August 2022.) Yes, that is a big range. Keep reading. Our lawyers break down our thinking - and throw in the caveats - below. Summary of Hernia Mesh Defects A hernia is a very common medical condition that must be surgically repaired. Almost 1 million hernia repair surgeries are performed at hospitals in the U.S. every year, making hernia repairs the most common type of surgical procedure in modern medicine. Over the last 20-30 years, most hernia repairs have involved the use of a mesh or patch implant device. These devices most typically treat:
When performing hernia repair surgery, doctors tuck the protruding organ (usually an intestine) back into place and then surgically repair the muscle wall that holds it in place. A mesh or patch is like a small little net or screen that the surgeon implants in or around the repaired muscle tissue. The surgical mesh has biological materials. This allows connective tissue to develop that acts as structural support to strengthen and reinforce the repaired muscle wall at the site of the hernia. The muscle tissue regrows around the mesh or patch. Because these devices are implants they need to be made out of inert materials that can exist inside the human body without triggering an immune system response. They also need to stay intact so as not to move after the surgery or protrude into adjacent tissue. Most of the earlier mesh products were non-permanent/absorbable. They were made out of animal byproducts that were designed to be gradually absorbed by the body and disappear after implantation. These absorbable devices had a good safety record, but they did not provide permanent abdominal wall support. In the early 2000s, a new wave of permanent hernia mesh devices from various manufacturers began to hit the market. These devices were made out of a special type of plastic, surrounded by some type of inert coating material that was supposed to make them bio-compatible inside the body. Unfortunately, many of these new permanent mesh/patch implants had major design flaws. These flaws led to chronic pain and other disastrous consequences for many patients, including a revision hernia mesh surgery. Adverse event reports from health care professionals to U.S. Food and Drug Administration grew. Eventually, and arguably belatedly, the FDA issued safety warnings and demanded product recalls. The fundamental problem with this type of hernia mesh is its bio-compatibility inside the human body. Instead of being inert once implanted in the body, the permanent mesh devices had design or manufacturing issues that caused these synthetic materials to be incompatible with the human immune system. Once implanted, the defective hernia mesh devices would trigger an immune system attack resulting in inflammation and other complications. Another related problem is that their outer coating degraded too quickly, causing the mesh to become abnormally attached to internal organs or tissue. Injuries Causes by Hernia Mesh Defects The defective hernia mesh devices can cause internal injuries and/or health complications. The most common injuries linked to defective hernia mesh products:
Many of these complications require additional surgery to repair or correct. In some cases, hernia repair surgery patients started experiencing some of these complications within just a few days after the mesh was surgically implanted. For others, however, there was a substantial delay between the hernia surgery and the onset of symptoms related to defects in the hernia mesh device. The Defective Hernia Mesh Products The hernia mesh recalls and lawsuits have primarily revolved around three hernia mesh product lines" Kugel Mesh, Ethicon Physiomesh, and Atrium C-Cur mesh. The table below lists the three companies and the names of their defective hernia mesh products. Manufacturer Products Date Range
Our lawyers are also looking at LifeCell Strattice and Surgimesh claims which we talk about more below. The product liability litigation involving the Kugel hernia mesh devices is hot with the next trial in the class action set for March 22, 2022 (rescheduled after a COVID delay. We had a C-Qur trial date but that case reached a settlement after U.S. District Judge Mary M. Rowland rejected Atrium Medical Corporation’s summary judgment motion that sought to dismiss the plaintiff's C-Qur hernia mesh lawsuit. The judge did dismiss the plaintiff’s defective design claims. But she allowed his failure to warn and manufacturing defect claims to proceed. Ultimately, that is the key argument hernia mesh lawyers are pushing: the failure to warn doctors and patients of the risk. With Physiomesh, plaintiffs' lawyers have filed surgical mesh lawsuits alleging the multi-layer coating prevented adequate incorporation of the mesh. The result was victims coming in for a common type of hernia and having serious post-surgery complications because the polypropylene mesh portion of the Physiomesh could not withstand normal abdominal forces. LifeCell Strattice Lawsuits The LifeCell Strattice is the brand name for yet another hernia mesh implant that has caused several problems and prompted product liability lawsuits. The Strattice is manufactured by LifeCell Corp., which is a subsidiary of Allergan Inc. The Strattice was first released in the U.S. market in 2010 around 2010 and has been used in thousands of hernia repair surgeries over the last decade. The Strattice mesh implant is primarily used in parastomal and inguinal hernia repair surgeries and abdominal wall surgery. The Strattice mesh implant is made from a synthetic material derived from pigskin. The material was designed to be “acellular” and biologically compatible inside the body. Unfortunately, however, the Strattice suffered from many of the same problems as the polypropylene hernia mesh devices. Once implanted, the unique pig-skin material of the Strattice tended to rapidly break down causing the mesh to come apart. The problems with the Strattice were so acute that in 2011, just a year after it was first released, the FDA issued a recall and blocked the Strattice from future use. Strattice became what our lawyers call a mini-class action in state court in New Jersey in 2021. Surgimesh Our lawyers are also looking at Surgimesh lawsuits. Surgimesh is a line of hernia mesh and general surgical mesh implants manufactured by a French company and distributed in the U.S. by BG Medical, LLC. The Surgimesh is made from non-woven polypropylene fibers with one side coated with silicone to prevent abnormal tissue attachments. Surgimesh was first released in the U.S. in 2008 based on 501k FDA approval. The Surgimesh appears to suffer from many of the same design flaws that have plagued other polypropylene hernia mesh implants. There have been four Surgimesh tort lawsuits filed against BG Medical since 2018. The lack of lawsuits is because Surgimesh is made by a French company that has a small market share in the U.S. But our attorneys expect to see more of these lawsuits. How Much Are Expected Hernia Mesh Settlement Amounts? In June 2017, the MDL Panel created MDL 2782 to coordinate all federal Physiomesh hernia mesh lawsuits alleging complications when implanted in patients, "including herniation through the mesh, recurrent hernia formation and/or rupture, and deformation of the mesh.” Three lawsuits have gone to trial. The average per person verdict has been over $1.6 million. So we are getting a better idea of what the trial value of these cases may be. From that, we can extrapolate settlement amounts. We can also look to Round 1 of the heria mesh lawsuit saga that involved multi-district litigation of thousands of claims against C.R. Bard regarding defects with its Kugel hernia devices. So let's make some predictions on the settlement value of the hernia mesh lawsuits. Our lawyers can estimate the likely value of round 2 hernia mesh cases based on the outcome of round 1 as well as the settlement values in other surgical mesh lawsuits and the three verdicts we have. It is just speculation but it is a start. Let's begin by comparing these cases to previous hernia mesh suits.
How Much for Average Hernia Lawsuit Settlement Payout? Based on the results of the prior litigation outcomes discussed above, our surgical mesh lawyers believe that the average settlement amounts for top-tier hernia mesh claims may be around $250,000 to $1,000,000. These are the most serious injury and wrongful death cases. Mesh lawsuits in the lower settlement tiers (those involving less serious injuries) will have a much lower value. There are cases with less serious and permanent injuries. Our hernia mesh lawyers think the average settlement amounts in these cases will be $70,000 to $80,000 but, again, the more serious cases will have a higher average settlement amount. These estimations are based in some measure on the older hernia mesh cases that settled. Thankfully, the defendants this time (Atrium & Ethicon) are larger corporations with deep pockets. Atrium Medical is only somewhat bigger than C.R. Bard. Ethicon is a subsidiary of Johnson & Johnson, Inc. which is one of the largest drug/medical companies in the entire world. Keep in mind a few things. First, this is all speculation. A hernia mesh lawyer cannot project with accuracy the average settlement amounts in these lawsuits. We have had three trials and we just bumped up our expected per person payouts after the $4.8 million verdict in August 2022, albeit not by a large amount of money. So these hernia mesh settlement numbers could swing both ways depending on how future trials go. Do I Qualify for a Hernia Mesh Lawsuit? Our law firm is accepting new hernia mesh cases from anyone who meets the following basic criteria:
If you, or a family member, meet these criteria CONTACT US. How Long Will It Take to Get a Hernia Mesh Settlement? No one knows how long it will be until a hernia mesh lawsuit settlement. But with trial coming up this year, the timeline seems to be shrinking and a settlement could be on the horizon. Still, hernia mesh plaintiffs should not expect to receive any settlement compensation in 2022 (even if there was a settlement later this year). Could they get settlement checks in 2023? It is possible and our hernia mesh lawyers are hopeful. How Do I Know If My Hernia Mesh Has Failed? When a hernia mesh implant fails it can trigger several acute physical symptoms including
In most cases, these physical symptoms will be severe enough that the patient will seek medical attention. This is usually when the failure of the hernia mesh implant is identified. Which Hernia Mesh Cases Are Your Lawyers Handling? Our hernia mesh lawyers are handling mesh lawsuits involving products:
Ventralex Hernia Mesh Claims The Ventralex is under particular focus because it is the mesh product used in the second hernia mesh MDL class action trial in January 2022. The Ventralex was designed for use on patients needing umbilical or small ventral hernia repairs. The Ventralex has two sides—one of polypropylene mesh and one of permanently expanded polytetrafluoroethylene (“ePTFE”). (The polypropylene mesh side faces the abdominal wall, encouraging the tissue to grow into the mesh and thus supporting the hernia repair. The ePTFE side faces the intestines and is designed to minimize tissue attachment, such as adhesions, to the intestines and other viscera. The Ventralex also has a monofilament memory coil ring. It is made of polyethylene terephthalate (“PET”). The ring is designed to help the patch “pop open” and then “lay flat” against the abdominal wall after the Ventralex is folded and inserted through the incision site during surgical repair of the hernia The Ventralex was pushed to market through the controversial FDA 510(k) premarket notification process that allows a shortened approval process if a medical device is similar to a previously approved product. What was the previous product that Bard used in the 510(k) process? The Composix Kugel. This is the same device that Bard paid settlement amounts totaling $184 million for to resolve hernia mesh lawsuits claiming that the mesh product was defective. Hernia Mesh Lawsuits Medical Studies The key to success for victims in the hernia mesh litigation at the settlement table and trial is the strength of the scientific and medical literature that underscores the risk of mesh implants. These are some of the key studies at issue in litigation.
Get a Lawyer for Your Hernia Mesh Lawsuit If you have a potential hernia mesh implant lawsuit and would like to discuss the potential value of your claim, contact a hernia mesh attorney at Miller & Zois for a free consultation. Three things to know:
Call a hernia mesh lawyer today at 800-553-8082 or submit an online contact form. What is the lifespan of hernia mesh?How Long Does Hernia Mesh Last? Most commonly used mesh materials such as polypropylene, polyester, and polytetrafluoroethylene (PTFE) will last forever and rarely ever lose their strength. Some newer mesh materials are absorbable and will break down over 6 - 18 months depending on the material.
How do I find out what hernia mesh was used on me?People who do not know what kind of hernia mesh they have can always contact the hospital where they had the surgery. Its medical records department could then give them all their surgery/discharge records. These record should indicate the model of mesh that was used and the manufacturer.
What is the failure rate of hernia mesh?While there is still a relatively high rate of success for hernia surgery using mesh, there can be a failure in up to 15% of cases. Defective mesh implants may not work as intended to close the open hole.
How much is mesh for hernia repair?The national average cost is $7,750, according to New Choice Health. The biggest factors in cost are where you get the surgery, what your health insurance covers and whether you have an open or laparoscopic surgery.
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