Has There Been a Hernia Mesh Settlement?
There have been confidential hernia mesh settlements offered by manufacturers Ethicon and Atrium, but C.R. Bard has not yet offered a global settlement. Thousands of hernia mesh lawsuits are still pending in four multidistrict litigations, or MDLs, against these three hernia mesh manufacturers. Other non-MDL mesh makers have settled for confidential amounts.
Recurrence was the most common complication before the hernia mesh’s invention. Research is mixed on how long a mesh hernia repair will last. A 2022 study followed 100 patients for ten years after a ventral abdominal hernia repair.
No recurrence was recorded after three years, while about 10% had a recurrence after roughly eight years. Two patients had a central breakdown of the mesh at about seven years. Mesh had stretched across the defect by an average of 21%. Mechanical testing showed that the mesh lost its elasticity at low forces.
In September 2021, Ethicon agreed to a global settlement for its Physiomesh cases but did not release the settlement amount. Atrium offered a global settlement for about 3,000 C-QUR Mesh cases in December 2021 and has not released the amount of the settlement. But Atrium’s parent company, Getinge Group, said it set aside more than $66 million for hernia mesh litigation.
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Jury Orders Becton Dickinson to Pay $255K to Hernia Mesh Patient
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So far, C.R. Bard has not offered a hernia mesh settlement for recently filed cases, but it did settle 2,600 Kugel hernia patch lawsuits for $184 million in 2017.
Hernia Mesh Verdicts
In April 2022, a jury awarded Antonio Milanesi $255,000, with $5,000 of the verdict awarded for loss of consortium. Milanesi’s case was the second Bard bellwether trial. In his lawsuit, Milanesi said his Ventralex hernia mesh was defective and caused a bowel abscess and infection.
In the first bellwether in July 2021, the jury ruled in favor of Bard. Becton Dickinson bought Bard a few years ago and took on its hernia mesh liability. Bard still has 17,195 cases pending as of July 15, 2022.
So far, there have been no other trials or verdicts in the federal hernia mesh lawsuits.
Latest Update on Hernia Mesh Lawsuits
Although plaintiffs won the second C.R. Bard bellwether in April 2022, there is still no trial date set for the third bellwether against Bard.
Bard tried to appeal the second bellwether award, but its motion was denied in July 2022. The plaintiffs were also hoping to get a new trial because they claimed the awarded damages were too low, but that was also denied.
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How Long Does It Take for a Hernia Mesh Lawsuit to Settle?
It may take about three to seven years for a complex litigation such as a hernia mesh lawsuit to settle, according to mass torts and product liability attorney Trent B. Miracle. Hernia mesh lawsuits are considered complex litigation and require a lot of preparation and medical evidence. Because there are thousands of hernia mesh lawsuits, moving them all through court proceedings can take time.
After a case is filed it goes through discovery, where hernia mesh manufacturers and plaintiffs produce medical records and other evidence. This includes getting experts to testify and presenting evidence to the judge. Then, both sides must pick cases that will serve as bellwether cases for trial and select a jury.
The outcome of these trials helps determine when the defendant mesh makers will settle. But the COVID-19 pandemic delayed many of the hernia mesh bellwether trials, so progress has been slow. Once a defendant offers a settlement, plaintiffs must agree to accept it.
Who Qualifies for a Hernia Mesh Settlement?
You may qualify for a hernia mesh settlement if you were injured by hernia mesh and filed a lawsuit against Ethicon, C.R. Bard, Covidien, Atrium or another mesh maker. The most recently announced global settlements are for people who filed lawsuits against Ethicon and Atrium/Getinge Group.
Lawyers are hopeful that C.R. Bard’s most recent loss in the second bellwether trial in April 2022 will encourage the company to offer a global settlement.
If you have not yet filed a lawsuit and have been injured by hernia mesh, you may still be able to file a lawsuit and qualify to be a part of these global settlements. But it’s important to speak to a hernia mesh lawyer right away to see if you qualify.
How Are Hernia Mesh Settlement Amounts Determined?
Hernia mesh settlement amounts are determined by considering factors such as the seriousness of the injury, financial and emotional damages, whether a plaintiff is married and whether they have lost and will lose substantial income because of the injuries.
These factors and others are put on what’s called a settlement matrix. This matrix guides those in charge of disbursing money from the global settlement account. Some plaintiffs will get more money depending on how many conditions on the matrix they have and how serious their injuries are. For example, if a person had to have several surgeries because of hernia mesh injuries, they may qualify for more money.
FAQs About Hernia Mesh Settlements and Verdicts
Frequently asked questions you may have about hernia mesh settlements and verdicts include if you qualify, the average settlement amount and if your hernia mesh settlement is taxable.
These answers are just for reference. Always make sure to ask your attorney any questions you may have.
Do I qualify for a hernia mesh settlement?
You may qualify for a hernia mesh settlement if you suffered serious hernia mesh complications such as infection or adhesion that may have been related to defective hernia mesh, especially if you had to have revision surgery to repair faulty mesh.
What is the average payout for a hernia mesh lawsuit settlement?
While it is difficult to estimate the exact settlement amount a person will receive, hernia mesh lawyers estimate hernia mesh settlement awards may be anywhere from $65,000 to $80,000, but they may be as high as $1 million.
Are hernia mesh settlements taxable?
Generally, hernia mesh settlements are not taxable. Under the tax code, settlements that compensate you for physical injury or illness are tax free. However, punitive damages awarded as a part of a jury claim may be taxable. Make sure to consult a tax professional before accepting any settlement.
Please seek the advice of a medical professional before making health care decisions.
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