Hernia Mesh Lawsuit: Causes, Settlements, and Complications

Cause of the Lawsuit

Hernia mesh lawsuits primarily involve claims that certain hernia repair mesh products cause serious complications, such as chronic pain, infection, bowel obstruction, organ perforation, and even life-threatening conditions. These complications typically occur when the mesh is used in surgeries to repair hernias. Some of the hernia meshes, particularly those made with polypropylene, have been linked to various health issues.

The plaintiffs argue that the manufacturers of these products, including C.R. Bard (owned by Becton Dickinson), Ethicon (a subsidiary of Johnson & Johnson), and Atrium, failed to adequately warn patients and doctors about the risks associated with these mesh implants. As a result, patients have suffered significant injuries, which may require additional surgeries and long-term health consequences.

Recent Notable Settlements and Payouts

1. $78 Million Settlement (October 2024) Becton Dickinson, which acquired Davol, the manufacturer of some hernia meshes, agreed to settle approximately 38,000 lawsuits involving injuries from its hernia repair mesh products. The full terms of the settlement have not been disclosed, but it is one of the largest settlements in recent years. This agreement is part of a larger $1.7 billion set aside by Becton Dickinson for product liability litigation. The settlement will help compensate individuals who have suffered complications like chronic pain, bowel obstructions, infections, and other severe health issues as a result of the mesh implants.
   Reuters

2. $4.8 Million Award (August 2022) A Rhode Island jury awarded $4.8 million to a plaintiff who suffered chronic pain and other complications due to a C.R. Bard hernia mesh. The case highlighted severe complications, including the need for additional surgeries, chronic pain, and infections. This jury award is one of the largest in hernia mesh lawsuits, underscoring the severity of the injuries caused by the faulty mesh.
   Drugwatch

3. $255,000 Award (April 2022) In another hernia mesh lawsuit, Antonio Milanesi was awarded $255,000 after suffering complications from the mesh implant. Although this payout was smaller than the larger awards, it still reflected the impact of the mesh on the plaintiff’s health and quality of life. This case demonstrates that even less severe complications can lead to significant settlements.
   Drugwatch

Complications and Ongoing Litigation

Hernia mesh implants can lead to a range of severe complications, including:

• Chronic pain: Many patients experience persistent pain at the site of the mesh implant, which can last for months or years.

• Bowel obstruction: The mesh can cause blockages in the intestines, which may require further medical intervention or surgery.

• Organ perforation: In some cases, the mesh can erode into internal organs, causing additional injuries.

• Infections: The mesh can cause infections that lead to long-term health problems.

• Mesh failure: Some meshes shrink, move, or fail to properly support the hernia, leading to a recurrence of the hernia or the need for more surgeries.

These complications have resulted in thousands of lawsuits filed against hernia mesh manufacturers. Plaintiffs allege that these companies did not adequately test their products or provide sufficient warnings to patients and doctors about the risks involved with the implants.

Average Payouts and Factors Influencing Settlement Amounts

• Average Settlement Amounts: Hernia mesh lawsuits can result in settlements ranging from $60,000 to $100,000. However, the amount can be much higher depending on the severity of the complications. In severe cases, such as when patients suffer organ damage or need multiple surgeries, settlements can reach several million dollars.

• Factors Influencing Payouts:

  • Severity of injury: If the mesh caused life-threatening injuries, organ damage, or required multiple surgeries, the settlement is likely to be higher.

  • Medical expenses: Higher medical costs resulting from complications can increase the settlement value.

  • Lost wages: If the plaintiff is unable to work due to their injuries, this will also be factored into the settlement.

  • Pain and suffering: Compensation for the physical and emotional toll on the plaintiff due to chronic pain or other complications can influence the payout.

Conclusion

Hernia mesh lawsuits have resulted in large settlements and jury awards. The severity of the injuries, the number of surgeries required, and the overall impact on the plaintiff's life are key factors in determining the size of the settlement. With ongoing litigation, more settlements are expected, and manufacturers are continuing to face the financial and legal consequences of their defective products.

If you or someone you know has been impacted by hernia mesh, it's important to consult with an experienced attorney who can help navigate the legal process and determine eligibility for compensation.