Hernia Mesh Lawsuit Settlements and Compensation Information

If you or a loved one has been affected by complications from a hernia mesh implant, you may be considering legal action and wondering about the potential financial compensation. Similar to the Roundup lawsuit, where individuals sought compensation for health issues allegedly linked to a widely used product, the hernia mesh cases also involve claims against a product believed to cause significant health complications. 

We have closely followed the developments in hernia mesh lawsuits and are here to offer you an informed perspective.

Insights from Our Team

In June 2017, the Multidistrict Litigation (MDL) Panel established MDL 2782, consolidating federal lawsuits related to Physiomesh hernia mesh. These cases involve serious allegations, including herniation through the mesh, recurrent hernia formation or rupture, and deformation of the mesh.

To date, three hernia mesh lawsuits have gone to trial – two within the MDL framework and one in state court. A notable observation is that the average per-person verdict in these cases has exceeded $1.6 million. This figure provides a vital benchmark for understanding the potential trial value of similar cases.

The outcomes of these trials allow us to extrapolate potential hernia mesh settlement amounts. Moreover, drawing from the first round of hernia mesh lawsuits, particularly those against C.R. Bard concerning Kugel hernia devices, we gain valuable insights into the litigation landscape and potential compensation trends.

Our team of experienced lawyers can estimate the likely value of the current hernia mesh cases by analyzing previous hernia mesh settlements in similar surgical mesh lawsuits and the outcomes of the three significant verdicts. While our predictions are speculative, they are grounded in an in-depth understanding of the legal precedents and trends.

Hernia Mesh Litigation Round #1: The Kugel Hernia Mesh Lawsuits

In the first round of hernia mesh litigation, C.R. Bard faced thousands of lawsuits regarding their Kugel Hernia Mesh device. Plaintiffs alleged injuries due to a design defect causing the mesh’s plastic ring to break, leading to bowel obstructions or, in more severe instances, bowel perforations. These complications often required additional surgical interventions.

A notable case in this litigation was Thorpe v. C.R. Bard Inc., where the plaintiff suffered severe injuries due to the defective hernia mesh Kugel implant, including a punctured and obstructed bowel, necessitating five surgeries. The jury awarded $1.5 million in damages to Mr. Thorpe.

This verdict paved the way for C.R. Bard to agree to a global hernia mesh settlement of $184 million, resolving over 2,000 Kugel cases. However, the payout varied significantly among plaintiffs, categorized into tiers based on injury severity and case strength. The highest tiers, involving the most severe injuries, likely received over $1 million.

In contrast, those in lower tiers received substantially less, with some receiving nominal amounts or nothing.

Vaginal Mesh Settlements: A Comparative Perspective

The current hernia mesh lawsuits have parallels with the mass tort litigation involving defective transvaginal mesh devices. Like the hernia mesh cases, the vaginal mesh litigation encompasses various devices and hernia mesh manufacturers, with many cases still pending. 

In a significant development, Endo International agreed to a global hernia mesh settlement of nearly $900 million for 20,000 vaginal mesh lawsuits. This hernia mesh lawsuit average payout is about $45,000 per case, but as with the Kugel hernia mesh litigation, the actual payout per plaintiff varied. The distribution of settlement amounts was tiered, reflecting each case’s injury severity and strength. Those with stronger cases and more severe injuries received higher compensation, while others with less severe cases received proportionately less.

Navigating the Complexities of Mesh Litigation Settlements

These examples from hernia and vaginal mesh litigations highlight the complexity of mass tort settlements. The compensation each plaintiff receives depends on various factors, including injury severity and the individual merits of their case.

As specialists in mass tort cases, we understand these nuances and are committed to guiding our clients through this intricate legal landscape, ensuring they receive fair and just compensation for their suffering.

How Much Can I Expect in a Hernia Mesh Lawsuit Payout?

Our experienced lawyers have carefully analyzed past litigation outcomes to provide a well-informed projection of settlement amounts in hernia mesh trial cases. Understanding the potential compensation is crucial for those affected and considering legal action.

For the most severe injury cases and wrongful death hernia mesh claims, which fall into the top tier of a hernia mesh lawsuit, we anticipate the average settlement amounts could range from $250,000 to $1,000,000. These figures represent cases involving the most significant injuries and impacts on patients’ lives.

The expected settlement amounts are markedly lower in cases categorized in the lower settlement tiers, where injuries are less serious and less permanent. For instances labeled as “single revision with no complication,” the average settlement may not exceed $50,000. These cases reflect less severe health impacts and consequently lower compensation.

While lower-tier cases might have smaller settlement amounts, larger cases, especially those involving more severe injuries, are expected to increase the average settlement value significantly. Our projections suggest that the average settlement amount across all hernia mesh cases could be between $70,000 and $90,000.

However, it’s important to note that the more severe cases will likely skew this average higher, with most hernia mesh settlements expected to fall within this range. These estimations also consider the financial stature of the defendants in current hernia mesh litigations.

Atrium Medical and Ethicon, a subsidiary of Johnson & Johnson, are substantial corporations with considerable resources. This financial backing could influence the settlement amounts, potentially leading to higher payouts compared to previous cases involving smaller companies.

The Speculative Nature of Settlement Projections

It’s important to remember that these projections are speculative. As hernia mesh lawyers, we recognize the challenge of accurately predicting average settlement amounts. Recent trial outcomes, such as the $4.8 million verdict in August 2022, have slightly adjusted our expectations, but not dramatically.

The landscape of hernia mesh lawsuit settlements remains fluid and subject to change based on upcoming trial outcomes. For instance, the impending Stinson trial in October 2023 could significantly influence average payouts, either increasing or decreasing them based on the jury’s verdict.

As legal experts, we are committed to providing the most current and accurate information to those affected by hernia mesh case complications. While we offer these projections to guide expectations, we also emphasize the unique nature of each case and the evolving legal landscape surrounding each and every hernia mesh lawsuit.

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What Factors Influence a Hernia Mesh Lawsuit Payout?

In hernia mesh lawsuits, several key factors influence the payout amount for claimants. These include:

  • Severity of injury: More severe or life-altering injuries typically lead to higher compensation. This considers the extent of physical harm and the need for additional surgeries.
  • Medical expenses: The total cost of medical treatment, including past and future expenses, significantly impacts the payout.
  • Lost wages and earning capacity: Compensation often covers any lost income and potential future earnings lost due to the injury.
  • Pain and suffering: This includes compensation for physical pain and emotional distress caused by the hernia mesh complications.
  • Punitive damages: In cases where the manufacturer’s negligence is proven, punitive damages may be awarded to penalize the company and deter similar conduct in the future.

How to File a Hernia Mesh Lawsuit?

You can file a hernia mesh lawsuit by following the steps below:

  1. Consult a lawyer: Seek a personal injury lawyer with experience in medical device lawsuits. They can evaluate your case and guide you through the legal process.
  2. Gather medical records: Compile all medical records related to your hernia surgery and subsequent complications. This includes hospital records, treatment details, and any correspondence with healthcare providers.
  3. Document your experience: Record your symptoms, pain levels, and how the complications have impacted your daily life and work. This information is crucial for establishing the extent of your damages.
  4. Determine the deadline: Be aware of the statute of limitations in your state. This is the time limit within which you must file your lawsuit.
  5. File a complaint: Your lawyer will draft and file a complaint in the appropriate court, officially starting your lawsuit. This document outlines your allegations against the hernia mesh manufacturer.
  6. Discovery phase: Participate in the discovery process, where both sides exchange information. This may involve answering questions, providing documents, and giving a deposition.
  7. Consider settlement offers: Be open to potential settlement offers. Your lawyer will negotiate on your behalf and advise you on whether to accept or proceed to trial.
  8. Prepare for trial: If your case doesn’t settle, prepare for trial. This involves working closely with your attorney to develop a strong argument and gather evidence and expert testimonies.

Remember, every hernia mesh case is unique, so the specific steps and their sequence might vary slightly based on your individual circumstances.

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Case Status:
Ongoing (Top Settlement is $184 Million)

Ethicon, Atrium Medical, and Bard Davol

Bowel obstructions, infections, and death