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In 2021, almost fifteen thousand cases were filed in federal court against only three manufacturers. There were nearly 24,000 hernia mesh lawsuits filed by August 2023. There will be a third Bard bellwether study in October of 2023. These numbers highlight the critical need for safer and more dependable repair devices.
Hernia mesh is still an important part of many surgical procedures, but the high rate of problems, regular recalls, and ensuing lawsuits indicate a far larger problem in healthcare. As the medical industry develops, it is crucial to strike a balance between the advantages of innovation and patients’ safety and well-being.
- Medical Device Manufacturers
- Which Devices Have Been Recalled by the FDA?
- The Most Recent Developments in Hernia Mesh Lawsuits
- What Settlement Amounts Have Been Awarded in These Lawsuits?
- How Similar Cases Could Possibly Be Handled
- Do You Need Non-Recourse Lawsuit Loan for Hernia Mesh Injury? Call Us Today!
Medical Device Manufacturers
In the United States, the most popular brands of implant patches and devices include:
- Mesh Products by Atrium Medical Corp.
- C.R. Bard (Kugel, Ventralight ST, and Perfix Plug)
- Atrium Medical (C QUR) hernia mesh.
- OnFlex Mesh
- Ventrio Patch Hernia Repair Mesh Product
- Ventrio ST Patch
- Ventralex Surgical Mesh Patch
- Parastomal Patch
- Modified Mesh Hernia Patch from Kugel
- Composix Kugel Hernia Mesh Patch
- Bard® Composix® Kugel Mesh® Extra Large Oval
- Bard® Composix® Mesh® Large Circle
- Johnson & Johnson
- Proceed Hernia Surgical Mesh
- Ethicon Physiomesh Flexible Composite
- PVP Hernia Devices
- Ultrapro Hernia Plugs
- Ultrapro System Surgical Mesh
- Partially Transparent Surgical Mesh for the Ultrapro System
- Medtronic’s Ultrapro Mesh (a Parietex composite)
- Ventralex ST hernia patch (self-expanding)
- Ventralex hernia mesh
To apply for free, call (877) 735-0016
Which Devices Have Been Recalled by the FDA?
Over 200 recalls of hernia mesh products have been recalled by the FDA since 2005, owing to health and safety issues. Recalls involving significant manufacturers, including Ethicon, Atrium, and Bard Davol, have affected millions of devices globally.
Multi-District Litigation
Manufacturers of mesh implants in the United States are now experiencing several legal issues related to multi-district litigation. There is an ongoing Bard hernia mesh MDL (multi-district litigation), class action lawsuits involving hernia mesh used in surgery, individual claims of medical negligence, and product liability lawsuits.
Mesh-Related Class Action Lawsuit
Hernia mesh class-action lawsuits are filed when several plaintiffs have claims that are similar to one another. Hernia mesh lawsuits may now be filed more efficiently on behalf of thousands, if not hundreds of thousands, of victims through class actions. However, a hernia mesh class action lawsuit is not the best way to guarantee compensation for harmed people. There might be too many victims of differing severity for a class action to help.
Hernia problem MDL (multi-district litigation) might be used instead to deal with identical cases—consolidating similar personal injury cases before a single judge. After the initial bellwether cases are resolved, the strategy can be used to reduce time on subsequent instances. More than sixteen thousand lawsuits have been filed over injuries purportedly caused by faulty mesh devices.
Bellwether Cases
A bellwether case is a specific sort of multidistrict litigation (MDL) lawsuit designed to predict the results of other comparable hernia mesh litigation. This is accomplished by initially trying a small number of relevant cases. Hopefully, these cases may serve as a model for future litigation using hernia mesh.
Bellwether lawsuits are useful because they may expedite the litigation process, cut costs, and ensure that all severely injured plaintiffs receive fair compensation, whether through a negotiated settlement or a jury trial. Therefore, the hernia mesh MDL’s early indicator cases are crucial. These cases will establish the precedent upon which the rest of the dispute will be decided.
The Most Recent Developments in Hernia Mesh Lawsuits
There are several pending hernia mesh claims, and more are being filed even as trials are underway in other instances. In October 2023, the Southern District of Ohio of the United States Court will commence the third bellwether trial against C.R. Bard. In 2021, Ethicon and Atrium, two companies that make hernia mesh, reached separate private agreements. However, pending trials are still possible for current cases in multidistrict litigation in 2023.
Updates to hernia mesh technology include the following events:
As of August 2023, the following manufacturers have the most hernia mesh MDL cases: C.R. Bard (20,126), Ethicon (565), Covidien (601), and Atrium (3,378).
As of July 2023, the following manufacturers have the most hernia mesh MDL cases: C.R. Bard (19,935), Ethicon (565), Covidien (546), and Atrium (3,377).
In April of 2023, despite a private deal in September of 2021, Ethicon eliminated many cases from the MDL.
The third hernia mesh bellwether trial, Stinson v. C.R. Bard et al., was initially set to begin in May 2023, but the judge postponed it until October 16.
In February of 2023, there were 18,813 lawsuits filed against C.R. Bard.
In the second bellwether trial, which took place in April 2022, the jury found in favor of Antonio Milanesi and awarded him $255,000 against C.R. Bard.
In the Atrium MDL, the judge approved a Qualified Settlement Fund Motion in December 2021. Atrium put aside $66 million for the settlement, but the specifics remain classified.
In September of 2021, Ethicon reached a worldwide settlement that is kept under wraps.
In August of 2021, C.R. Bard, the defendant in the first hernia mesh bellwether trial, prevails.
The defense, represented by manufacturer C.R. Bard, prevailed in the first bellwether trial. The plaintiff won a meager $255,000 in the second trial.
In August 2022, aA Rhode Island state court jury awarded $4.8 million against Becton Dickinson, a subsidiary of C.R. Bard. Lawyers have speculated that this massive jury verdict would help push for a worldwide settlement.
What Settlement Amounts Have Been Awarded in These Lawsuits?
There have been a few lawsuits that have served as bellwethers thus far against manufacturers. The C-QUR mesh manufactured by Atrium Medical Corporation was ruled defective by a jury, who awarded the plaintiff $1.6 million in damages. Despite the award’s size, patients with hernia mesh problems should not assume they would obtain the same amount of compensation.
The sum that Atrium will have to pay for their defective hernia mesh devices is now uncertain since the case is still in the appeals process. It is essential to consult a hernia mesh legal firm to learn how much compensation you may be entitled to based on previous hernia mesh case settlements.
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How Similar Cases Could Possibly Be Handled
These cases allow the courts to evaluate the merits of claims concerning hernia mesh and consider potential resolutions. They also aid in figuring out if litigants claiming mesh injuries all suffer the same symptoms or if each case is different.
After these trials are over and the judgments are in, the defendant will likely begin hernia mesh settlement discussions to prevent a protracted and expensive hernia mesh lawsuit trial. The plaintiffs are under no obligation to accept the settlement offer and are free to take the matter to court if they are unsatisfied with the terms. However, this comes with the potential for a less favorable result and a smaller payout.
Do You Need Non-Recourse Lawsuit Loan for Hernia Mesh Injury? Call Us Today!
High Rise Financial offers risk-free and non-recourse legal funding to plaintiffs with hernia mesh lawsuit. Contact us today at (866)-407-6404 to schedule a simple case assessment. Our dedicated representatives will be available to speak with you and enlighten you about your lawsuit loan options.
Call or text (877) 735-0016 or fill out our form to apply today for free.
