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

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

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01 · Your filing deadline

What is the deadline in Illinois?

Illinois 735 ILCS 5/13-202 provides a 2-year limitations period for personal injury claims, with the discovery rule tolling the period for latent injury product liability cases. Illinois's statute of repose (735 ILCS 5/13-213) bars claims more than 12 years after the product was delivered to its first purchaser. Cook County Circuit Court has historically been a significant mass tort venue with plaintiff-favorable jury pools. A lawyer can confirm yours.

2 years from discovery; 12-year statute of repose

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?

Illinois applies a 2-year statute of limitations for product liability (735 ILCS 5/13-202) with the discovery rule applying for latent injuries. Illinois has a 12-year statute of repose from the date of delivery of the product. Cook County (Chicago) is a significant plaintiff-favorable venue for state court mass tort claims.

Illinois hernia mesh claimants are directed to federal MDLs by product: Bard Davol cases to MDL 2846 (S.D. Ohio, Judge Sargus); Covidien products to MDL 3029 (D. Mass.); Atrium C-QUR to MDL 2753 (D.N.H.); and Ethicon/J&J Physiomesh and Prolene Hernia System cases to the Atlantic County NJ Superior Court mass tort before Judge Porto. The Northern District of Illinois (Chicago) is a common originating court before MDL transfer.

Illinois imposes a two-year statute of limitations for products liability under 735 ILCS 5/13-202. The discovery rule applies: the statute runs from when the plaintiff knew or reasonably should have known of the injury and its cause. Illinois courts recognize that hernia mesh complications — particularly erosion, fistula, seroma, and chronic pain — can remain latent or misattributed for years, supporting delayed accrual in mesh cases.

Illinois ranks in the top ten nationally for hernia repair volume, with Northwestern Medicine, Rush University Medical Center, Advocate Health, and NorthShore University HealthSystem performing large numbers of laparoscopic and open hernia repairs annually. Chicago's major hospital systems show heavy Bard Davol (Composix Kugel, PerFix, Ventralex) and Covidien (Parietex Progrip, Parietex Composite) market penetration.

Illinois Ethicon plaintiffs should coordinate with Atlantic County NJ counsel, as Judge Porto's mass tort program consolidates all J&J/Ethicon Physiomesh and hernia system claims regardless of plaintiff state. Illinois is also notable for ongoing state court asbestos and mass tort experience in Cook County, and some plaintiffs have explored state-court filings, though the NJ consolidation remains the primary Ethicon forum.

Cook County Circuit Court — Law Division (Complex Litigation)

50 W Washington St, Chicago, IL 60602

Court website

U.S. District Court — Northern District of Illinois (Chicago)

219 S Dearborn St, Chicago, IL 60604

Court website

Medical facilities in Illinois

  • Northwestern Memorial Hospital — Hernia Surgery Program

  • Rush University Medical Center — Surgical Services, Hernia Repair

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 Illinois.

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