California · Hernia mesh claims: who can file and what to do

Hernia mesh claims: who can file and what to do in California

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Filing deadline2 years from discovery of mesh-related injury and causationCivil Procedure § 335.1

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in California?

California Code of Civil Procedure § 335.1 imposes a 2-year statute of limitations for personal injury product liability claims. Under California's discovery rule, the limitations period does not begin until the plaintiff knows or has reason to know of the injury and its cause. For hernia mesh claimants with delayed complications, this can meaningfully extend the effective filing window. A lawyer can confirm yours.

2 years from discovery of mesh-related injury and causation

California has no statute of repose for product liability claims, making it one of the more favorable states for late-diagnosed mesh complications.

Source: Civil Procedure § 335.1

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

California applies a 2-year statute of limitations for product liability claims under CCP § 335.1, but the discovery rule — codified in California — delays the clock until the plaintiff discovers or reasonably should have discovered both the injury and its cause. California's plaintiff-friendly discovery rule is particularly advantageous for mesh patients whose complications developed years after implantation.

Hernia mesh cases involving California plaintiffs feed into four consolidated forums: Davol/CR Bard MDL 2846 before Judge Edmund Sargus in the Southern District of Ohio (23,324 pending actions as of Oct. 1, 2026 per the JPML, the largest mesh MDL); Covidien MDL 3029 before Judge Patti B. Saris in the District of Massachusetts; Atrium C-QUR MDL 2753 in the District of New Hampshire; and Johnson & Johnson/Ethicon cases consolidated in Atlantic County Superior Court (NJ) before Judge John Porto.

California applies a two-year statute of limitations for products liability, running from the date the plaintiff discovered — or reasonably should have discovered — the injury and its connection to the mesh product. Because complications such as mesh erosion, chronic pelvic pain, and fistula formation can emerge years or even a decade after implantation, the discovery rule frequently tolls the limitations period well beyond the surgery date.

California ranks first nationally in annual hernia repair volume, with major surgical centers in Los Angeles, San Francisco, San Diego, and Sacramento generating high device implant rates. Davol (Bard/BD) Ventralex, PerFix, and 3DMax products, along with Covidien Parietex Composite mesh, account for the dominant share of California defendant product exposure.

Johnson & Johnson/Ethicon plaintiffs — whose cases involve Physiomesh Flexible Composite and Prolene Hernia System products — should file in Atlantic County NJ state court rather than federal court, as J&J has successfully moved to consolidate those cases before Judge Porto in the NJ mass tort program outside the federal MDL structure.

Fresno County Superior Court — Civil Division

1100 Van Ness Ave, Fresno, CA 93724

Court website

U.S. District Court — E.D. California (Fresno)

2500 Tulare St, Fresno, CA 93721

Court website

Los Angeles County Superior Court — Complex Civil Division

312 N Spring St, Los Angeles, CA 90012

Court website

U.S. District Court — C.D. California (Los Angeles)

350 W 1st St, Los Angeles, CA 90012

Court website

Sacramento County Superior Court — Complex Civil Division

720 9th St, Sacramento, CA 95814

Court website

U.S. District Court — E.D. California (Sacramento)

501 I St, Sacramento, CA 95814

Court website

San Francisco Superior Court — Civil Division

400 McAllister St, San Francisco, CA 94102

Court website

U.S. District Court — N.D. California (San Francisco)

450 Golden Gate Ave, San Francisco, CA 94102

Court website

Santa Clara County Superior Court — Civil Division

191 N First St, San Jose, CA 95113

Court website

U.S. District Court — N.D. California (San Jose)

280 S 1st St, San Jose, CA 95113

Court website

Medical facilities in California

  • Cedars-Sinai Medical Center — Hernia Surgery Program

  • UCSF Medical Center — General Surgery, Minimally Invasive Division

How this works nationally

For the overall process and updates, read the Hernia mesh claims: who can file and what to do overview. This page covers the local information available for California.

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Sources

  1. Civil Procedure § 335.1