Hernia Mesh Settlement
(Updated April 13, 2018)
Manufacturers like C.R. Bard, Ethicon, and Atrium often face lawsuits for their hernia meshes. Non-absorbable hernia mesh, which is supposed to stay in the body indefinitely, is used to support weakened abdominal tissue. However, some patients allege that the mesh injured their intestines, bowel, and abdomen, often necessitating additional surgery.
Surgical meshes like transvaginal mesh have resulted in multimillion-dollar verdicts and settlements for plaintiffs.
Patients who had to undergo revision surgery because of mesh complications may be eligible for a lawsuit against the manufacturers. A lawsuit can recover damages for medical bills, lost wages, and pain and suffering. While there have been few settlements for hernia mesh so far, similar surgical meshes—like pelvic or transvaginal mesh—have resulted in multimillion-dollar verdicts and settlements for plaintiffs.
If you or a loved one suffered side effects caused by hernia mesh, contact us today for a free, no-obligation consultation. Don’t wait; these cases are time-sensitive, and you may be owed money.
C.R. Bard (2018) — $68 Million Verdict
In April 2018, a New Jersey jury awarded $68 million to Mary McGinnis, a woman who says she suffered debilitating injuries because of Bard’s pelvic mesh. The jury award included $33 million in compensatory damages and $35 million in punitive damages.
The jury included punitive damages because it felt that Bard “acted maliciously or in wanton and willful disregard of the rights of plaintiff Mary McGinnis and her husband,” according to Law360.
Johnson & Johnson (2017) — $20 Million Verdict
In April 2017, a Philadelphia jury awarded $20 million to a woman who claimed she was in constant pain because of her TVT-Secur transvaginal mesh, a product of Johnson & Johnson subsidiary Ethicon. A spokesperson for Ethicon said the company would appeal the decision, but it was the fifth major loss over the mesh products since 2014.
Product liability law professor Carl Tobias told Bloomberg, “It would be silly to continue taking these cases to trial when they are losing. There’s no sense in continuing to shell out for the defense costs and suffer the reputation damage that comes with each win by the plaintiffs.”
Johnson & Johnson (2016) — $13.7 Million Verdict
A Johnson & Johnson subsidiary, Ethicon, was hit with a $13.7 million verdict, including $10 million in punitive damages, for its transvaginal mesh tape, TVT. The jury declared that the plaintiff’s physician would have never used Ethicon’s TVT if he had known of its risks.
Sharon Carlino filed the lawsuit in 2013 against the company after undergoing two transvaginal mesh repair surgeries. Portions of the mesh became exposed, requiring surgery to remove it. She suffered from scarring and chronic pain which the lawsuit alleged was caused by the mesh and the multiple surgeries she underwent because of the defective product.
Johnson & Johnson (2016) — $120 Million Settlement
In 2016, Johnson & Johnson made its first attempt to settle more than 42,400 lawsuits filed against them for the transvaginal mesh products made by subsidiary Ethicon. They offered a $120 million settlement.
The settlement covered lawsuits filed by 2,000 to 3,000 women who allege that they suffered pain and injuries to their surrounding organs after the mesh eroded in their bodies. Women accused the company of covering up the risks of its transvaginal mesh.
C.R. Bard (2015) — $200 Million Settlement
Shortly after their $119 million settlement, C.R. Bard paid another $200 million to settle 3,000 more cases in August 2015. The average payment per plaintiff was roughly $67,000.
The $200 million figure settled roughly one-fifth of the lawsuits filed against Bard for the Pinnacle Pelvic Floor Repair device.
C. R. Bard (2015) — $119 Million Settlement
In April 2015, C.R. Bard settled 2,970 lawsuits filed against them by women who were implanted with their Pinnacle Pelvic Floor Repair device—a type of transvaginal mesh to treat urinary incontinence and pelvic organ prolapse.
The mesh allegedly offered no benefit to women, but instead caused adverse reactions like pain, bleeding, and infection, which often necessitated additional surgery to remove the mesh. C.R. Bard paid $119 million in total to settle the claims.
Boston Scientific (2015) — $34.5 Million Verdict
Texas residents Martha and Felix Salazar won a $34.5 million jury verdict against Boston Scientific for their Obtryx transvaginal mesh product.
The couple alleged that the device was biologically incompatible with human tissue, and that Boston Scientific exaggerated Obtryx’s benefits and misled physicians about its safety in their marketing. Some women who received the Obtryx transvaginal mesh suffered from adverse reactions, including bleeding, urinary problems, and dyspareunia (painful sexual intercourse).
The jury found that Boston Scientific acted with gross negligence because the device was unreasonably dangerous.
The jury found that Boston Scientific acted with gross negligence because the device was unreasonably dangerous and likely could have featured a safer design.
The following year, the FDA sent a notice to Boston Scientific alerting them that the agency was investigating allegations that Boston Scientific used counterfeit and adulterated materials to make the Obtryx devices. A lawsuit alleged that the company used products smuggled in from China to make the devices.
Endo International (2014) — $1.3 Billion Settlement
In April 2014, Endo International, owner of American Medical Systems (AMS), paid $830 million to settle 20,000 lawsuits filed for AMS’s Perigee, Apogee, and Elevate mesh implants. Women alleged that the mesh devices were defective, resulting in chronic pain and injuries like incontinence.
Six months later, Endo International settled another 10,000 lawsuits, this time for $400 million. Each plaintiff received an average of $48,000.
The settlement resolved nearly all of Endo International’s transvaginal mesh litigation, bringing their mesh litigation costs to more than a billion dollars in that year alone.
Boston Scientific (2014) — $45 Million Verdict
A jury in Miami federal court hit Boston Scientific with a $26.7 million verdict for the Obtryx transvaginal mesh.
Four women alleged that the mesh was made of substandard materials, which they claimed caused pain, organ damage, and dyspareunia. The jury found the company guilty of defective design and failure to warn doctors and patients of the risks of the mesh. Each woman received a little over $6.5 million.
Each woman received more than $6.5 million.
Just days after the $26.7 million Obtryx verdict, Boston Scientific faced an $18.5 million verdict from a West Virginia federal jury. The verdict included $14.5 million in compensatory damages and $4 million in punitive damages, split among four plaintiffs.
Endo International (2013) — $54.4 Million Settlement
In June 2013, Endo International offered a $54.4 million settlement to end an undisclosed number of lawsuits against subsidiary American Medical Systems (AMS).
At the time, the company revealed they faced 7,700 lawsuits for transvaginal mesh products manufactured by AMS. Within two years, more than 30,000 additional lawsuits would be filed by injured women.
C.R. Bard (2011) — $184 Million Settlement
In 2011, C.R. Bard paid $184 million to settle more than 2,600 lawsuits filed in a Rhode Island multidistrict litigation for their Kugel Hernia Mesh.
The Kugel Hernia Mesh features memory recoil rings which are used to spring the mesh open after it is inserted. However, the rings can break, causing injuries like abscesses and fistulas in patients. C.R. Bard was hit with more than 3,000 lawsuits in total for the product.