Hernia mesh litigation is one of the largest ongoing mass tort actions in the United States. Polypropylene mesh devices implanted during inguinal, ventral, and incisional hernia repairs have been associated with a pattern of serious defects — including mesh shrinkage, migration, erosion into adjacent organs, bacterial colonization, and nerve entrapment — that manufacturers knew about for years before disclosing to physicians or patients. The primary defendants include Davol Inc. and its parent C.R. Bard (now part of Becton Dickinson), Ethicon (a Johnson and Johnson subsidiary), Atrium Medical, and Covidien (now part of Medtronic). The federal multidistrict litigation MDL 2846 in the Southern District of Ohio has consolidated thousands of Davol/C.R. Bard claims for coordinated pre-trial proceedings. Separately, Ethicon mesh cases are coordinated in New Jersey Superior Court (MCL 616). Patients who underwent hernia repair surgery and subsequently experienced complications are urged to seek legal evaluation immediately — statutes of limitations are running and evidence must be preserved.
Litigation Timeline
Claim Resolution — Settlement or Trial
Mass tort hernia mesh claims resolve through one of two pathways: global or individual settlement negotiated based on the injury tier grid established through bellwether trials and MDL discovery, or remand to the plaintiff's home district for individual trial. Most claimants resolve through settlement. Settlement funds are distributed after attorney fees, case expenses, and any applicable Medicare or Medicaid liens are deducted. Patients who received government-funded treatment (Medicare, Medicaid) must resolve those liens as part of the settlement process. Final net recovery is typically distributed within 6-12 months of global settlement announcement.
legalMDL Consolidation and Case Filing
Attorney files the plaintiff's complaint in federal court, which is then transferred by the Judicial Panel on Multidistrict Litigation to MDL 2846 in the Southern District of Ohio (for Davol/C.R. Bard claims) or the applicable MDL/state coordination for other defendants. The plaintiff must complete a Plaintiff Fact Sheet (PFS) and produce all medical records. Discovery in the MDL includes defendant document production, expert depositions, and plaintiff depositions. Bellwether trials are selected and tried to inform global settlement negotiations. Individual cases are not tried in the MDL — they are either resolved by settlement or remanded to home districts for trial.
legalRevision or Explantation Surgery
Surgeon performs revision surgery to address the mesh complication — which may involve adhesiolysis, partial mesh removal, complete mesh explantation, bowel resection, or hernia re-repair with biological mesh. The operative report from this surgery, along with pathology reports from tissue samples, provides the most powerful evidence in the legal claim. Patients should request all operative notes, pathology reports, and implant identification records from both the original implant surgery and the revision surgery. Revision surgery typically causes significant additional recovery time and expense, both of which are compensable damages.
medicalComplications Develop — Seek Medical Evaluation
Patient begins experiencing symptoms that may indicate mesh failure — persistent pain at the surgical site, signs of infection (redness, drainage, fever), recurrence of hernia bulge, or gastrointestinal symptoms suggesting bowel adhesion. The critical legal moment is when a physician first attributes symptoms to the mesh implant, as this often triggers the discovery rule statute of limitations clock. Patients should document all symptoms in a journal, keep all medical appointment records, and request copies of all imaging studies (CT scans, MRIs, ultrasounds) taken during this period.
medicalHernia Surgery with Mesh Implantation
Patient undergoes inguinal, ventral, or incisional hernia repair surgery. Surgeon implants synthetic polypropylene or composite mesh to reinforce the hernia defect. The operative report and implant sticker document the exact mesh product, manufacturer, lot number, and catalog number. This record is the foundation of any future legal claim and must be obtained from the hospital. Patients are typically discharged within 1-3 days for open repairs or the same day for laparoscopic procedures and advised of expected recovery timelines.
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