Hernia Mesh Lawsuit Settlements

Work With Our Experienced Personal Injury Lawyers on Hernia Mesh Lawsuits

Hernia mesh lawsuit settlements will vary significantly depending on your specific circumstances, including what medical complications you may have faced. To maximize your potential settlement, you must work with an experienced hernia mesh attorney who is familiar with the ongoing litigation related to these medical devices. 

Contact our Chicago-based hernia mesh lawsuit attorneys today to learn more about hernia mesh lawsuits and explore your legal options.

What is Hernia Mesh and How is it Used?

Hernias occur when internal organs or tissue bulge through a weak spot in the surrounding tissue or muscle. This may occur in the abdomen or groin, depending on the injury. Common causes of hernias include aging, prior injuries, heavy lifting, chronic constipation, pregnancy, and chronic coughing or sneezing. 

Hernia mesh is a thin, flexible material that is surgically inserted between the layers of the abdominal wall. A successful hernia mesh surgery will gently place the bulging tissue back in place, then attach the mesh over the weak spot to prevent recurrence.

There are different types of hernia mesh depending on the severity of the injury and the possibility of recurrence. Synthetic surgical meshes may be heavy-duty or lightweight, and they are usually designed to be placed long-term. 

Biologic meshes are made from living tissue, often porcine or bovine, and will gradually replace the missing tissue. Absorbable meshes are designed to dissolve and are often used for acute hernias, such as those from severe injuries in a car accident or construction accidents. 

Common Complications Associated with Hernia Mesh

While hernia mesh implants can vastly improve a person’s quality of life, complications with these treatments can cause long-term issues and may even require a second surgery. If you experience symptoms like pain, constipation, or infections, you must immediately visit the closest hospital, such as Loyola University Medical Center or South Shore Hospital. Due to the high risk of complications, issues with hernia mesh may become a life-threatening emergency. 

Chronic Pain and Discomfort

Improperly placed or faulty hernia mesh can lead to major pain and discomfort. If you experience severe abdominal pain or groin pain after a hernia repair surgery, it’s possible that the defective mesh is pressing against the tissue. 

Infection

Hernia surgery, like any medical procedure, comes with a risk of infection. While hernia mesh devices are supposed to be sterile when inserted, medical negligence can introduce bacteria into the body cavity. The product itself may have been contaminated during the manufacturing process. Our lawyers will then need to determine when the contamination happened and who may be responsible. 

Mesh Migration or Erosion

Hernia mesh is supposed to stay in place and should not shift, even with vigorous physical activity. If it migrates, it may lead to severe pain or damage to surrounding tissues. Faulty mesh may also erode and break into smaller pieces, which can travel throughout the body and cause problems such as fistulas or infections. 

Bowel Obstruction or Perforation

Hernia mesh failure could result in a medical emergency if it obstructs or perforates the bowels. Bowel perforation can cause sepsis as bacteria spill into the body cavity. This requires immediate surgical intervention, as well as intensive antibiotics. A surgeon may need to resect the bowels, especially if the tissue has started to die. In some cases, bowel obstruction or perforation can lead to wrongful death or permanent disability. 

Adhesions

In some cases, surgical mesh can irritate the surrounding tissues and cause organs to stick together, called adhesions. These adhesions are common after abdominal surgery due to the healing and scarring process. However, severe adhesion can result in bowel obstructions. If you have bowel or bladder dysfunction, you may require more surgeries to fix the issue. 

Hernia Recurrence

Mesh failure can allow organs to extrude out of the weak spot in the body cavity. You may need revision surgery or additional surgeries to fix issues resulting from the implant failure. 

Recalled Hernia Mesh Products

As of July 2023, the Food and Drug Administration identified 55,000 adverse events related to hernia mesh complications. Several hernia mesh manufacturers have entered local, national, or global settlement agreements due to product failure. While some hernia mesh trials are still ongoing, some have resulted in significant settlements for patients. 

Ethicon Physiomesh

The Ethicon hernia mesh MDL, also known as multidistrict litigation, has spanned 4,000 different cases. Ethicon Physiomesh Composite Mesh was withdrawn from the US market in 2016. This recall was due to issues with recurrence in laparoscopic ventral hernia treatment. Ethicon was unable to determine the specific factor that caused the recurrence, such as whether it was due to a manufacturing flaw or patient characteristics. 

Another product, the Ethicon Proceed Surgical Mesh, was also recalled, with 18,000 units specifically affected, manufactured between 2005 and 2014. This recall was due to the potential for delamination, meaning that the layers of mesh could separate from one another after being inserted. 

Atrium C-Qur

Atrium Medical released a Class II recall for C-QUR Edge Hernia Mesh because the fatty acid coating could adhere to the inner packaging and pose a contamination risk. Over 3,300 people filed lawsuits, which were combined into multidistrict litigation in the District Court of New Hampshire. 

It is reported that Atrium Medical’s parent company, Getinge Group, has set aside a $66 million global settlement fund. In 2021, the company was able to defeat a lawsuit where the plaintiff’s hernia mesh lawyers argued that the product was not sterile and caused an infection. 

Bard Composix Kugel

Between 2005 and 2007, there were multiple recalls for this product. The recalls centered around the product’s memory coil, which could break inside the patient. If the memory ring detached, it could cause bowel perforation or fistulas. 

In 2006, the first Bard hernia mesh lawsuits were filed in Rhode Island state court, where manufacturer Davol was headquartered. The lawsuits have proceeded until late 2024, the presiding judge approved a Qualified Settlement Fund to ensure the smooth payment of all Bard hernia mesh settlements. As of now, the Bard hernia mesh MDL has over 24,000 cases pending. 

Covidien

The first bellwether trial for Covidien hernia mesh lawsuits is Patterson v. Covidien, filed in Massachusetts. Bellwether trials determine the viability of other hernia mesh lawsuits filed against the same manufacturer. This hernia mesh test trial is set to commence in February 2026. A second bellwether trial, Stephen v. Covidien, will commence in July 2026. 

This Covidien hernia mesh litigation concerns the company’s Symbotex hernia mesh device, which resulted in serious pain for the plaintiff. As of now, all Covidien hernia mesh MDL cases are to be filed in the District Court of Massachusetts. 

New hernia mesh lawsuits continue to be filed against these and other hernia mesh manufacturers for their failures to prevent injury or death to patients. These intensive settlement processes often take years, but our mass tort lawyers continue to monitor lawsuits and share details about the next hernia mesh trials to take place. 

Grounds for Filing a Hernia Mesh Lawsuit

In most cases, a hernia mesh claim falls under a defective product claim, meaning that the manufacturer produced a faulty or dangerous device. Companies are required to produce hernia mesh products that comply with all FDA standards. They must warn patients of potential issues and promptly recall any mesh that has manufacturing defects. When they fail to do so, injured patients can file a lawsuit. 

Product Liability in Hernia Mesh Cases

In tort law, product liability is a doctrine that affords plaintiffs and their attorneys the right to sue if they were harmed by a product used in its intended manner. Every individual or organization along the chain of manufacturers, from designers to distributors, could be held liable depending on their specific role. For hernia mesh lawsuits, the manufacturer typically bears the primary burden, as the products move from manufacturers straight to hospital systems. 

Design Defects

Flawed design can make a medical device more dangerous than it should be, such as using parts that could cause bowel perforation or fail to stay in place. 

The Bard hernia mesh class action lawsuits center around the product’s PET memory recoil ring, which was prone to breakage. The manufacturers should have determined that this could pose a serious risk of hernia mesh injuries before placing the product on the market. 

Manufacturing Defects

In some cases, the product is designed correctly, but flaws in manufacturing could lead to issues. This is seen in the Covidien hernia mesh cases, where the collagen coating meant to prevent adhesions was reabsorbed into the body too quickly. In this instance, the patient suffered organ adhesion, which required additional treatment. 

Failure to Warn

Hernia mesh manufacturers are required to disclose any potential issues with their products, allowing consumers to make an informed decision. They should release information about possible side effects that have been demonstrated in clinical trials, such as hernia mesh implants migrating to other parts of the body or causing adhesions. 

This legal concept was affirmed by the Illinois Supreme Court case Hansen v. Baxter Healthcare Corp, where the court found that medical device companies must warn doctors and patients about any potential defects. 

Additionally, manufacturers must provide doctors and surgeons with information on how to properly install the hernia mesh and any special procedures they must follow. If they don’t include this information, or the doctor doesn’t follow it, then both parties could be defendants in hernia mesh lawsuits. 

Factors Affecting Hernia Mesh Settlement Amounts

Our hernia mesh lawsuit lawyers will fight hard to ensure you receive a fair settlement for your personal injury case. While personal injury settlement calculators can give you a general idea of what your case may be worth, only a skilled attorney can review all the facts and consider every aspect of your experience. For example, we can use injury multipliers to determine how non-economic damages like pain and suffering should be calculated. 

As every case is unique, a reasonable settlement depends on several factors, including the following. 

Severity of Injuries and Complications

Ongoing treatment can significantly impact the value of your hernia mesh lawsuit. If you required additional surgery to repair or replace hernia mesh implants, you may receive a higher settlement, particularly if it was a complex or invasive procedure. Additionally, if you suffered issues like tissue adhesion, chronic pain, or bowel obstruction, these severe issues will be taken into consideration. 

A wrongful death claim will typically receive more damages. Some of these include funeral and burial expenses, medical bills before death, loss of financial support, loss of companionship, and grief. If you have lost a loved one due to manufacturer negligence, our wrongful death attorneys will represent you and your family in court. 

Medical Expenses (Past and Future)

Your medical bills are a significant part of damages for hernia mesh litigation. This includes surgeries, hospital stays, out-of-pocket expenses like medications or co-pays, and ongoing care. You must keep good records throughout the process so that we can more accurately evaluate your damages. 

By consulting with medical professionals, we can estimate potential future costs, such as additional hernia repairs or supplemental treatments. We will then ensure that these are included in your hernia mesh settlement.  

Lost Wages and Loss of Earning Capacity

Hernia repair typically requires some time off work to recover, and you may need longer if you suffered issues from a defective product. In some cases, patients have to reduce their working hours or change jobs due to the pain from defective hernia mesh products. 

Your lost income and loss of earning capacity will be calculated and included in your lawsuit. We can calculate how much you would have made if you were able to continue in your previous profession, and the difference between these two wages will be considered as well. 

Pain and Suffering, Emotional Distress

Hernia mesh surgery is meant to provide a higher quality of life, but issues with the implant can cause significant pain and distress. In addition to hard financial losses, you should also be compensated for the physical and emotional anguish that hernia mesh defects have caused. 

Our lawyers will work to learn more about how the hernia mesh failure has impacted your life. We will talk to your friends and family, review any recovery logs you have kept, and interview you about how your life has changed after surgery. 

Things like reduced quality of life, persistent pain, loss of enjoyment in favorite activities, and even reduced intimacy between you and your spouse can all be used to demonstrate why you deserve a higher settlement. 

The Settlement Process in Hernia Mesh Lawsuits

Our dedicated attorneys will help you with every aspect of filing hernia mesh lawsuits, from reviewing your case to representing you in court. The hernia mesh litigation process typically follows these steps.

Case Review: We begin by determining whether you have a viable hernia mesh lawsuit based on the injuries you have suffered. We will also consider whether you should join an MDL, such as the Bard hernia mesh lawsuits or the Covidien hernia mesh lawsuits. 

Investigation: Our attorneys will ask you questions about when the hernia mesh was implanted and when you developed issues. We will review case law to determine what legal concepts can be used to support your case, such as failure to warn.

Gathering Evidence: Using our resources, we will collect information such as medical records, past recall history of the hernia mesh product, and testimony from expert witnesses, including doctors and pharmaceutical professionals. 

Demand Letter: Once we have determined that you have a viable case, we will craft a demand letter to the manufacturer’s insurance company. This letter will provide the evidence we have collected, explain how you were injured, demonstrate that your case is valid under established legal precedent, and outline the types of damages we are seeking.

Negotiation: The insurance company will return with a counteroffer, typically lower than what we suggested. If we feel this is a reasonable settlement, we can advise you to accept it, or we can push for more. This back-and-forth can last months, or the insurance company may accept one of our first few offers. The process continues until both parties agree that the hernia mesh settlement is fair. 

Settlement Agreement: We’re often able to come to an agreement with the company on a fair offer. In this case, you and the company will sign a legal contract. This document confirms that you accept the offer, agree not to demand additional compensation later, and release them from further liability related to this specific issue. In many cases, the offer also requires a non-disclosure agreement. 

Arbitration or Mediation: Sometimes, the manufacturer or their insurance will not give a fair offer or may argue that they are not responsible. Before we take the case to court, we can pursue arbitration or mediation. In arbitration, a legal professional, often a retired judge, reviews the case and issues a verdict, which is then legally binding. Mediation involves a neutral third party facilitating a negotiation between both parties to reach a mutually agreeable resolution. 

Lawsuit: If all these options fail, then we will file a lawsuit on your behalf. This process involves discovery, where we share all pertinent information with the other parties, and hearings, where a judge decides whether the case is valid and should be heard in court. At trial, we will share your story with a judge and jury, who will then decide who is right. If they agree with you, then you will be awarded damages.

In some cases, such as if the manufacturer was especially reckless, the jury will award punitive damages. These are meant to punish the defendant, and they are not offered in a hernia mesh settlement that was handled out of court. 

Illinois has a statute of limitations of two years after the date of injury, or no later than 10 years after the product was first purchased (735 ILCS §5/13-213). This makes it crucial that you act quickly and consult with us as soon as possible. 

Examples of Past Hernia Mesh Settlements

Having filed dozens of hernia mesh lawsuits and other product liability claims, we have secured multi-million-dollar settlements for our clients. Some of these include the following.

• $5,100,000 product liability settlement for a worker injured by machinery
• $4,222,000 for defective product design resulting in serious injury
• $1,495,000 settlement for a laborer exposed to dangerous chemicals

Why Choose Our Chicago Hernia Mesh Law Firm?

Our personal injury attorneys have extensive experience with hernia mesh lawsuits and other product liability cases, equipping us with the skills and expertise necessary to secure your compensation. We meticulously investigate every case and utilize all our resources to determine liability, including consulting with medical experts who can explain why your hernia mesh failed. 

To ensure the best possible outcome, we approach every case as if it is going to trial, ensuring nothing is missed during our investigation. We fiercely advocate for every client and will push for the maximum compensation based on all your damages. 

The legal process is often complex, with logistical challenges such as scheduling meetings, filing paperwork on time, and attending hearings. Product liability lawsuits are especially challenging because there may be multiple liable parties, all of whom must share information. 

We will communicate with all third parties on your behalf, sparing you this stress while keeping you updated on the progress of your case. This way, you can focus on healing from your injuries. 

How Much Does it Cost to Hire a Hernia Mesh Lawyer?

We provide our legal services on a contingency fee basis, meaning that you owe us nothing unless we secure compensation for you. This ensures that everyone, no matter their financial means, can receive justice for defective hernia mesh.

There may be additional costs associated with your case, including court fees and expert witness fees. We strive for transparency with all our clients and will explain these expenses to you during our consultation, ensuring you are never taken by surprise. 

You can consult with an experienced hernia mesh lawyer for a free, no-obligation case review.

Consult Hernia Mesh Lawsuit Attorneys Near You!

With a 98% success rate spanning 25 years of litigation, Rosenfeld Injury Lawyers is a nationally recognized law firm with a reputation for aggressive negotiation. Insurance companies fear us due to our meticulous investigations, strong negotiation skills, and track record of success in trial representation.Call us at (888) 424-5757 or use our online contact form to schedule a free consultation with our award-winning personal injury lawyers in Chicago.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.