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

Ohio occupies a unique position in hernia mesh litigation: it is the home district of the Davol/CR Bard federal MDL. Davol/CR Bard MDL 2846 is before Judge Edmund Sargus in the Southern District of Ohio (Cincinnati); Covidien cases were centralized in MDL 3029 in the District of Massachusetts before Judge Patti B. Saris. Atrium C-QUR cases go to MDL 2753 in D.N.H., and Ethicon cases to the Atlantic County NJ Superior Court mass tort.

Ohio's statute of limitations for products liability is two years from the date of discovery under Ohio Rev. Code § 2305.10. Ohio applies the discovery rule: the cause of action accrues when the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, the injury and its cause. Ohio courts have found that mesh injuries presenting as chronic pain, infection, or bowel obstruction years after implantation warrant delayed accrual, making the discovery rule especially important for Ohio mesh claimants.

As home to Judge Sargus and both major MDLs, Ohio holds particular strategic significance. Cincinnati, Columbus, Cleveland, and Dayton are major hernia surgical hubs. The Cleveland Clinic and Ohio State Wexner Medical Center are high-volume mesh implant centers. Ohio plaintiffs benefit from the convenience of direct filing in S.D. Ohio for Bard and Covidien cases, with no transfer delay. Bard Davol's Composix L/P, Ventralight, and PerFix products are the most-litigated Ohio-implanted devices.

Ohio's role as the MDL seat means local counsel have developed strong MDL practice infrastructure in Columbus and Cincinnati. For Ethicon/J&J claims, Ohio plaintiffs must file in Atlantic County NJ state court or have their state court cases transferred to the New Jersey mass tort. Judge Porto's docket accepts all Physiomesh and Prolene Hernia System claims regardless of the plaintiff's home state.