Hernia Mesh Lawsuits
As of November 2021, more than 21,000 lawsuits were pending against Ethicon Inc./Johnson & Johnson, Atrium Medical Corp., and Davol Inc./C.R. Bard, Inc. in three separate federal multidistrict litigations (MDL).
The first set of hernia mesh bellwether trials was rescheduled several times between late 2020 to late 2021 because of court closures related to the COVID-19 pandemic. To date, only one bellwether trial has taken place this year in relation to Bard/Davol, while most remaining trials (except Ethicon’s) were postponed until 2022. Most recently, the Ethicon MDL reached a global settlement—the details of which will be expanded upon below.
Below is a summary list of the recent changes in hernia mesh products litigation. We will update this list periodically to include breaking news and additional information on upcoming trials.
What are the settlement amounts to date for hernia mesh lawsuits?
Settlement amounts for hernia mesh cases depend on the severity of each individual’s injuries and their total damages. Some attorneys estimate that individual hernia mesh lawsuits may settle for between $50,000 and $250,000, with claimants who suffer more severe injuries on the higher end of the scale.
Bellwether trial verdicts usually provide a benchmark for estimating global settlement amounts. So far, there haven’t been any settlements in the current hernia mesh MDLs except for the confidential settlement agreement between Ethicon and plaintiffs. This makes it more challenging to provide accurate estimates of settlement value.
Previously, Bard/Davol agreed to settle several hernia mesh lawsuits in an older MDL related to safety failures of its Kugel hernia mesh patch. In 2011, the company paid out $184 million to settle more than 2,000 lawsuits after losing a 2010 trial and paying $1.5 million in damages.
How Case Works Can Help With Your Hernia Mesh Case Inventory
Here at Case Works, we can help your law firm manage hernia mesh cases through our Mass Tort Case Management and Development services.
When you outsource your mass tort case management and development to us, we provide your legal practice with a tailored, robust case management process to help your team delegate the myriad tasks required for the many complex legal administrative processes associated with mass tort litigation.
As mass tort cases can involve thousands of plaintiffs, it can be challenging for a lawyer to communicate with all of them directly. But it is vital to let your clients know your firm is taking care of them by keeping them informed and up to date on the progress of their case. And that is where a team like Case Works, can ease the burden.
With our efficient Case Ready™ system, we help you take care of your client onboarding, file maintenance, deadline adherence, plaintiff information sheet creation, and client communications—freeing up the time and energy your attorneys and legal staff need for case research, negotiations, court protocols, and client advocacy and legal representation.
Contact Case Works to find out exactly how we can help your firm with your hernia mesh cases.