Litigation is a slow-moving process, and hernia mesh lawsuits are no exception. There have been no mass hernia mesh lawsuit settlements in recent years, but a mass settlement could be on the horizon for at least one type of mesh.
Atrium Medical Corp. must still prepare for potential bellwether trials in the C-Qur mesh multidistrict litigation being held in North Hampshire district court. In August 2019, a judge ruled against Atrium’s motion to dismiss claims that the mesh maker hid the dangers of its C-Qur product.
U.S. District Judge Landya B. McCafferty ruled that plaintiff Felicia Blackwood offered enough details at this stage of the litigation to support her allegations that Atrium “intentionally misled physicians about the specific dangers of their products” and “manipulated clinical studies” to misrepresent product safety, as reported by Law360.
Blackwood, a South Carolina resident, was implanted with a C-Qur mesh to fix a hernia, but contends she suffered abdominal pain, constipation, chronic infections, and nerve damage as a result of the failed mesh.
Her suit is one of about 1,400 cases pending in New Hampshire federal court as part of the MDL against Atrium. It is set to be one of the first to go to trial in the litigation.
Global settlements are not usually reached until several cases in a multidistrict litigation have gone to trial. If a judge or jury finds in favor of plaintiffs, it can be an incentive for the companies to settle before any other cases are tried.
Since the federal judge in the Atrium MDL allowed most of the bellwether’s claims to move forward—ruling against Atrium’s motion to dismiss—a positive ruling in favor of the plaintiffs could spell global settlement in the future.
Another hernia mesh maker, C.R. Bard Inc., reached a global settlement with plaintiffs in a multidistrict litigation involving its Kugel mesh in 2011.
The amount of the settlement remained undisclosed. Similar lawsuits involving transvaginal mesh reached global settlements totaling about $3 billion.
Several other mesh manufacturers are fighting lawsuits from plaintiffs who claim severe damage and health problems as a result of faulty meshes.
The companies include Johnson & Johnson, which manufactured Physiomesh under its subsidiary Ethicon, Inc. and C.R. Bard Inc. which manufactured Sepramesh, 3D Max Mesh, and Ventralex ST Hernia Patch, in addition to the Kugel mesh.
Most of these mesh brands have been taken off the market due to high failure rates and other problems.
No settlements have been reached in these litigations, but global settlements could be possible in the future.
The Atrium hernia mesh cases are Blackwood v. Atrium Medical Corp. et al., (1:16-cv-00379) and In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, (1:16-md-02753) both in the U.S. District Court for the District of New Hampshire.
People who were injured by problematic hernia mesh are filing claims against the device’s manufacturer. Hernia mesh lawsuits accuse manufacturers of designing defective products and failing to warn about their risks.
Hernia mesh complications include chronic pain, tissue damage, nerve damage, infection, rejection of the mesh, chronic inflammation, adhesions, and erosion. Hernia mesh complications can be serious enough to require additional surgeries beyond the initial hernia repair.
If you were harmed by a hernia mesh product, you may be entitled to financial compensation. Call the experienced hernia mesh attorneys at Schmidt National Law Group today to see if you qualify: 1-800-631-5656.