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Hernia Mesh Lawsuit Settlements

If you have had a hernia mesh repair procedure performed and suffered serious side-effects or had to have the operation redone, you may want to learn more about making a hernia mesh claim. There have been nationwide claims and federal lawsuits resulting in major claims and major settlements paid out.

Thousands of claims have been made. An experienced mesh attorney can help you file a claim for compensation.

While hernia mesh lawsuit settlement amounts can vary, you’ll still want to work with the best lawyer for hernia mesh lawsuits in Michigan.

Hernia Mesh Attorney

The team at Cochran, Kroll & Associates, P.C. has extensive experience handling medical malpractice lawsuits, including mass torts and multidistrict litigations. When pursuing hernia mesh litigation, it’s essential to know the type of hernia mesh you have and what complications you suffered to determine if you can receive compensation.

Hernia Mesh Recalls

Since the Food and Drug Administration (FDA) initiated hernia mesh recalls in 2016, thousands of patients have filed hernia mesh lawsuits in both the United States and Canada against C.R. Bard and other manufacturers of hernia mesh products.

In most of these lawsuits, hernia mesh victims allege that the products had a design defect or manufacturing fault, that they were fake products, and that the companies failed to adequately warn surgeons of potentially serious complications.


With over 8,000 cases pending, the presiding U.S. District Court judge has determined that bellwether trials will begin in January 2021, focusing on Steven Johns’ Bard hernia mesh lawsuit. This case will set a precedent for other hernia mesh claims.

Filing a Hernia Mesh Lawsuit

If you’ve suffered from hernia mesh complications after having a surgical procedure whereby a hernia mesh patch was placed, you’ll likely need to file a product liability case. Because these cases are challenging to prove, you should work with an experienced hernia mesh attorney like senior partner Eileen Kroll at Cochran, Kroll & Associates, P.C. Her decades of experience as a registered nurse give her insight into your case both medically and legally as a hernia mesh lawyer.

When filing a medical malpractice or medical device liability suit, you’ll need to follow these steps:

File a Complaint

Your attorney at our law firm will thoroughly investigate your allegations. They will work with you to prepare a claim, ensuring that all details are accurate and included. Once the complaint is filed, the defendant gets the opportunity to respond to your allegations.

Pre-trial Discovery, Depositions, and Motions

Your Cochran, Kroll & Associates, P.C. attorney will request documents regarding the details of the investigation and prepare interrogatories (written questions) for the defendant to respond to. Depositions will be taken (oral evidence and answers) under oath with a court reporter documenting proceedings. The defendant will do their own interrogatories and depositions.

Your attorney may file pre-trial motions to exclude evidence, clarify procedural issues and other requirements. There may be several hearings on these motions.


Your attorney will present your case in court, cross-examine and counter cross-examine witnesses, and make arguments on the merits of your case and requested compensation.

The jury will deliberate and agree on a verdict and settlement. The judgment may include a monetary award if you win the case. Depending on the complexity of the issues and the number of witnesses, the trial may take several weeks.

Post-Verdict or Appeal

Your attorney or the defendant may file post-trial motions to set aside verdicts or to appeal. Otherwise, your attorney will work with the defendant to secure compensation if the manufacturer lost the case.


Your lawsuit may include not only recouping any and all past and future medical costs but also punitive damages. Your attorney and the defendants’ attorneys may agree on a settlement amount at any stage during the pre-trial or trial period. However, you will need to agree to a settlement before it’s finalized.

Settled and Current Hernia Mesh Lawsuits/MDLs

The FDA issued a Class I recall for the Composix Kugel Patch (Kugel Mesh) manufactured by C.R. Bard in 2006, but most of Bard’s products remain on the market.

Johnson & Johnson’s Ethicon division issued an emergency safety alert in 2016 and withdrew its Physiomesh Flexible Composite Mesh products from the market, but other Ethicon hernia mesh products are still available. This action followed a clinical study showing a high rate of hernia revision surgeries and the FDA warning statement.

The FDA issued Atrium Medical Corp several warning letters regarding manufacturing defects and sterility issues with the C-QUR mesh device. Manufacturing was temporarily halted in 2015 to correct these issues.

Injured patients have filed thousands of hernia mesh lawsuits against multiple manufacturers. Many of these lawsuits are part of federal multidistrict litigation (MDLs), which are often used to hear cases with similar injuries against the same defendant in a more efficient way. The federal courts pool cases into one pre-trial and assign it to a specific court.

An appointed MDL committee then guides the cases. Depending on the product, manufacturer, and types of injuries, you may be included in the class action or an MDL or be heard individually if there are not enough cases to warrant a class-action or MDL.

Hernia mesh lawsuit timelines can vary. CR Bard Inc settled a ten-year-long MDL in 2016 and a class-action in Canada. Another lawsuit for a similar product is currently pooled into an MDL, with several others pending against Ethicon and Atrium Medical in the federal court district of New Hampshire.

Hernia Mesh Firms

Several hernia mesh manufacturers are involved in these cases, most notably

  • Ethicon (a Johnson & Johnson Company): Physiomesh Flexible Composite Mesh
  • Atrium Medical Corp: C-QUR Mesh
  • Bard (Bard Davol): Composix E/X Mesh, Composix LIP Mesh
  • Gore
  • Covidien / Medtronic

What is Hernia Mesh?

Hernia mesh is a surgical product or medical device commonly used in a hernia repair surgery, in about 90% of hernia repair surgeries. In the USA, nearly a million of these hernia surgeries are performed annually.

The internal process that causes hernias occurs when abdominal tissues, which contain the stomach and other organs, separate and abdominal organs slip through the opening. Hernias often cause lumps, pain, and sometimes obstruction.

You can develop hernias due to an injury or if a surgical incision fails to heal. To stabilize the tissue surrounding the opening and seal it up, surgeons will often use a hernia mesh. It is made of synthetic materials such as polypropylene, which may degrade after implant surgery.

To solve the degradation process problem of polypropylene hernia mesh, Atrium Medical Corp coated their devices with Omega 3 from fish oil to stop it from adhering to other tissues. However, in addition to causing infections and allergic reactions, Omega 3 did not prevent it from sticking. Other mesh products have degraded, broken, punctured bowel and caused bowel obstruction, concomitant infections, fistulas, and repeat surgeries.

The material used for hernia mesh is similar to that used for surgical repair products such as transvaginal mesh and bladder sling devices, resulting in thousands of personal injuries from medical devices lawsuits.

hernia mesh lawsuit settlements

Mesh Complications

Failed hernia mesh repairs with serious complications have required several additional surgeries to remove the device, repairs and reconstructions, and treatments for infections.

Some cases have resulted in permanent damage or death.

Known Side Effects Include:

  • Meshes migrate
  • Mesh shrinkage
  • Tissue fusion
  • Hernia recurrence
  • Chronic or severe pain
  • Infection
  • Bowel blockage
  • Organ perforation

Common Complications of Hernia Mesh Implants:

  • Adhesions
  • Erosion of the implant device
  • Mesh failure
  • Abdominal and abdominal muscle pain
  • Groin and testicular pain
  • Mesh Migration
  • Infections
  • Recurrence of the hernia

Most Serious Injuries in Hernia Mesh Cases:

  • Perforation of organs or tissues and organ damage
  • Bowel obstruction
  • Fistulas
  • Seromas
  • Chronic pain
  • Life-threatening infections
  • Multiple surgeries
  • Autoimmune problems
  • Delayed or long-term consequences
  • Wrongful death

Can I File a Hernia Mesh Lawsuit?

When determining if you can file a hernia mesh lawsuit, it is important to understand the difference between medical negligence, an unavoidable injury, or an error of judgment. To win a lawsuit, your lawyer will likely need to prove negligence on behalf of the surgeon or the product maker.

Lawsuit: Negligence

To prove negligence, your lawyer will have to show that the defendant had a duty of care, that they breached that duty, that your hernia mesh injury would not have occurred without the breach of duty, and that you have provable damages.

Lawsuit: Duty of Care

You will have to prove who owed you a duty of care. For a viable hernia mesh case, you’ll need to show that the product maker owed a duty of care to inform doctors and patients of any potential hernia mesh problems.

Lawsuit: Who Owed You a Duty of care?

In most hernia mesh lawsuit settlements, lawyers argue that the medical device manufacturers owe a duty of care to the consumers of their products, the medical professionals that use the medical device in treatment, and the facilities that purchase the medical devices.

They have a duty of care to the patient to ensure a safe product when used as intended and provide directions and adequate warnings of the potential side effects and risks.

Lawsuit: Was That Duty of Care Breached?

Your lawyer will investigate if your doctor breached their duty of care through an incorrect diagnosis, using a faulty implant knowingly, or making a serious mistake during the surgery.

If the doctor acted in good faith, then your lawyer will likely try to show that the hernia mesh manufacturer breached their duty of care by creating a defective hernia mesh product or through a failure to provide adequate warning of foreseeable side-effects and complications.

Lawsuit: Did the Breach Harm You, and Can You Prove a Causal Connection?

You have to prove the defective hernia mesh implant directly caused your injuries.

Lawsuit: Can You Prove Actual Loss or Harm?

You must be able to quantify the harm suffered in hernia mesh surgery in financial terms. This may include economic damages like past and future medical bills, travel cost, and lost wages, which has no cap. Non-economic damages such as pain and suffering, mental or emotional anguish, or loss of enjoyment or loss of consortium are harder to prove.

Additional Frequently Asked Questions (FAQs)

When filing a hernia mesh lawsuit, there are a couple of questions that your attorney may ask:

  • What injuries are you experiencing from your hernia mesh?
  • Why are you interested in filing a hernia mesh lawsuit?

There are also several frequently asked questions you may want answers to before you begin the filing process.

How long does a hernia mesh lawsuit take?

The length of time your lawsuit takes will vary on a case by case basis so it’s impossible to predict an exact timeline. If your case goes to trial, the trial itself can take several weeks. It’s rare for a hernia mesh lawsuit to be resolved in less than a year. Sometimes it may take up to three years to reach a hernia mesh settlement.

What is the time limit or statute of limitations to file a hernia mesh lawsuit?

The statute of limitations for filing a hernia mesh lawsuit varies by state. In Michigan, you must file within three years from the date the injury occured.

What is the average settlement for a hernia mesh lawsuit?

The average settlement for a hernia mesh lawsuit is affected by a variety of factors, particularly the type of case. MDL (multidistrict litigation) settlements are highly structured as opposed to individual cases where settlement calculations revolve around the hernia mesh plaintiff.

Is there a recall on hernia mesh implants?

The Food and Drug Administration (FDA) initiated hernia mesh recalls in 2016. There are currently over 8000 cases pending with bellwether trials beginning in January 2021. If you previously received a hernia mesh implant you can review your medical documents to identify the product name, code and manufacturer who made the implant to see if it’s part of the FDA recall.

What is the average payout for a hernia mesh lawsuit?

The payout for a hernia mesh lawsuit varies by case. If your case goes to trial, the verdict can impact the amount you’ll receive. Bellwether verdicts provide a starting point for negotiations.

Is the hernia mesh lawsuit real?

Yes, there are several hernia mesh manufacturers currently involved in lawsuits including:

  • Ethicon (a Johnson & Johnson Company): Physiomesh Flexible Composite Mesh
  • Atrium Medical Corp: C-QUR Mesh
  • Bard (Bard Davol): Composix E/X Mesh, Composix LIP Mesh
  • Gore
  • Covidien / Medtronic

What are the symptoms of hernia mesh failure?

Common symptoms of a hernia mesh failure include:

  • High fever (over 101ºF)
  • Nausea and vomiting
  • Pain, swelling, or bruising
  • Difficulty passing gas, stool, or urinating 
  • Abdominal pain and stiffness
  • Bowel perforation

What year was hernia mesh recall?

Bard and Ethicon both began hernia mesh recalls in 2005, Bard for the Kugel Patch and Ethicon for it’s Proceed hernia mesh. Atrium recalled units of C-QUR brand hernia mesh in 2013, and Covidien LLC recalled 7333 units of hernia mesh in October 2018.

Can I sue for hernia mesh?

If you are experiencing symptoms of hernia mesh failure or had to have an operation redone as a result of a recall, talk to a personal injury lawyer about filing a legal claim.

What are the grounds for filing a hernia mesh lawsuit?

To win a hernia mesh lawsuit, your lawyer will need to prove medical negligence on the part of the surgeon or product manufacturer. This can include proving a breach in duty of care, and providing evidence that said breach caused you harm. 

What compensation can I get if I sue for hernia mesh injuries?

When seeking damages in a hernia mesh lawsuit, you may be able to get compensation for your pain and suffering, resulting medical expenses, and lost wages.

Is the hernia mesh litigation a class action or individual lawsuits?

Hernia mesh litigation takes the form of individual lawsuits and MDLs which are often used to hear similar cases against the same defendant more efficiently. There are also class action lawsuits for hernia mesh on behalf of multiple individuals suffering from similar injuries.

Arrange a Free Consultation

If you or a loved one have a hernia mesh device and experienced complications, call Eileen Kroll, a nurse and personal injury trial attorney, at Cochran, Kroll & Associates, P.C. at (866) 755-9502 today. She will arrange for a free consultation to discuss your case and determine if you can move forward with a claim. All cases are handled on a contingent fee basis. We don’t get paid until you receive the compensation you deserve.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Martha is a writer and musician who is passionate about politics and the law. She studied politics in her Bachelor’s Degree and continues to be involved in legal matters, especially immigration. She now lives in Germany and is writing her first book and learning German.




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