Case guide

UPDATED FEB 2026

Hernia Mesh Recall History — What the FDA Found

Part of the Hernia Mesh (Davol/C.R. Bard) investigation

The short answer

The FDA has issued safety communications, ordered 522 post-market surveillance studies, and presided over multiple hernia mesh recalls. The regulatory history establishes that manufacturers had notice of mesh complications well before many patients were implanted — a critical element of failure-to-warn and design defect claims.

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Key FDA Recalls and Safety Communications

The Composix Kugel Mesh Patch recall (2005-2007) was the first major hernia mesh recall, issued after reports of memory recoil ring failure causing intestinal perforations and fistulas. The FDA classified multiple Kugel recall actions as Class I — the most serious classification, indicating that use of the product may cause serious injury or death. Approximately 100,000 to 200,000 units were recalled across multiple lot numbers over the two-year recall period.

In October 2008, the FDA issued a Public Health Notification warning that it had received over 1,000 adverse event reports from nine manufacturers of surgical mesh used for hernia repair over a three-year period. Complications reported included mesh erosion, infection, pain, and recurrence. The FDA advised surgeons and patients to carefully weigh risks and benefits and to discuss mesh type options before surgery.

In 2016, the FDA issued 522 post-market surveillance study orders to hernia mesh manufacturers requiring them to conduct rigorous clinical studies examining long-term complication rates, particularly mesh shrinkage and chronic pain. The 522 orders acknowledge the FDA's concerns that pre-market data submitted through the 510(k) clearance process was insufficient to characterize long-term mesh performance. The 510(k) clearance pathway — which cleared most hernia mesh by demonstrating substantial equivalence to older devices rather than through independent clinical trials — is itself the subject of criticism in the litigation.

What the Recall History Means for Legal Claims

The documented FDA recall history and safety communications are significant in litigation because they demonstrate that the regulatory agency — and by extension the manufacturers who reported adverse events that triggered these actions — had knowledge of mesh complication patterns. This regulatory record supports plaintiff theories that manufacturers had sufficient notice to revise product warnings, update labeling, or alter mesh design, and that their failure to do so constitutes actionable negligence, design defect, or fraud.

Key data

Data & Statistics

3 SOURCED FIGURES

2005–2007

FDA MedWatch recall database

1,000+

FDA Public Health Notification (October 2008)

2016

FDA 522 Order Database

FAQ

Frequently Asked Questions

12 QUESTIONS

Hernia mesh litigation is a mass tort action against manufacturers of defective synthetic mesh implants used in hernia repair surgery. The primary defendants are Davol Inc. and C.R. Bard (now part of Becton Dickinson), Ethicon (a subsidiary of Johnson and Johnson), Atrium Medical, and Covidien (now part of Medtronic). These companies manufactured polypropylene and composite mesh devices that have been associated with serious complications including mesh migration, adhesion, infection, chronic pain, and bowel obstruction. Thousands of patients have filed claims in MDL 2846 in the Southern District of Ohio and in state court coordinations.

Dive deeper

Related Guides

11 GUIDES

The full investigation

Part of the Hernia Mesh (Davol/C.R. Bard) Investigation