Patients Sue Ethicon Over Long-Term Physiomesh Side Effects
Tens of thousands of hernia mesh lawsuits are now underway across the country. Most federal cases are now consolidated under multi-district litigations, or MDLs, which are not the same thing as class-action lawsuits. MDLs allow thousands of people injured by the same hernia mesh to sue the device’s maker at the same time. Most plaintiffs that join MDLs can get the benefits of legal representation and win settlements without ever appearing in court. With more than 20,000 cases now pending, it’s likely only 4-5 plaintiffs total will ever have to testify at trial.
Current Hernia Mesh Lawsuit Allegations
Thousands of injured plaintiffs filing claims now accuse hernia mesh makers of some or all of the following:
- Negligence
- Defective hernia mesh design
- Defective device manufacturing practices
- Failure to warn patients and surgeons about potential injury or recurrence risks
- Improper labeling on certain hernia mesh products
In addition, some victims are suing their surgeons for medical malpractice.
How Much Is Your Hernia Mesh Claim Potentially Worth?
With active litigation underway, no current plaintiff has yet received a cash settlement based on public lawsuit filings. However, previous lawsuit settlements may give potential claimants an idea of what they might expect. For example: In 2011, Kugel hernia mesh manufacturer Bard Davol settled 2,600 claims for $184 million. With MDL cases, people with the most severe hernia mesh injuries receive a larger share of any negotiated group settlement. That said, when juries rule in the plaintiff’s favor at individual trials, they typically award significant cash payouts.
Based on past similar settlements, injured hernia mesh plaintiffs might expect anywhere from $50,000-$130,000. That’s based on the fact that in 2011, Bard Davol paid about $70,000 to settle each hernia mesh claim. However, in 2010, a jury ordered Bard to pay Kugel hernia mesh plaintiff Christopher Thorpe $1.5 million in damages. So, current hernia mesh plaintiffs could win much larger settlement amounts if their individual cases succeed at trial.