In a recent court ruling, hernia mesh manufacturer Bard was told they cannot claim their hernia mesh device as a “lifesaving device” in their upcoming trial scheduled for January 11, 2021. The judge who ruled this order claims Bard has no evidence to support their claim that their hernia mesh device is “lifesaving.” Moreover, this ruling follows allegations that Bard hid design defects of their hernia mesh implants from doctors and patients.
There are thousands of patients that Bard will face during their upcoming trial. These patients will be suing for hernia mesh side effects that are causing them serious and even permanent injuries. The Bard lawsuits have been consolidated into an MDL (Multidistrict Litigation) under the Southern District of Ohio Judicial Court. Overall, there are two other companies involved in consolidated lawsuits for their hernia mesh devices alleged to cause injuries.
What is Hernia Mesh?
Hernia mesh is a medical device that is surgically implanted into the stomach or groin. People have been using surgical mesh devices for over 50 years, to repair and prevent certain injuries. Doctors use hernia mesh devices to treat hernias by supporting the weakened tissue. Surgeons place the mesh around the hernia with stitches, staples, or glue. In fact, doctors use hernia mesh nine out of ten times for hernia surgeries every year in the U.S. (United States). Doctors use hernia mesh because they believe it lowers a person’s risk of getting another hernia or to prevent recurrence of the hernia. The mesh is a screen-like material that can come in different forms, such as:
- Synthetic materials
- Animal tissue
- Knitted mesh
- Non-knitted mesh
With any medical device, there are often complications and injuries. Within the lawsuits, there are many reported injuries such as:
- Hernia recurrence
- Bowel obstruction
- Mesh migration
- Mesh shrinkage/contraction
Altogether, for these reasons and more judges have ruled the makers of hernia mesh devices cannot call them “lifesaving devices”.
There are many people claiming to develop serious injuries that are resulting in additional surgeries. For this reason, there are many lawsuits being filed against multiple makers of hernia mesh devices, particularly in 2020. Furthermore, people are suing the makers of the mesh device alleging dangerous and defective designs that failed to warn people about complications.
There are currently three different manufacturers being prosecuted for their hernia mesh devices. There are many companies and devices involved such as:
- Atrium C-QUR meshes of assorted sizes and types
- Bard Davol Composix Kugel hernia meshes and patches
- Ethicon Proceed surgical mesh
- Ethicon Physiomesh flexible composite mesh
In addition, there are also three different active MDL’s under the U.S. Judicial Court system for the various manufacturers such as:
- Bard Manufacturer, Southern District of Ohio
⦿ 2:18-md-2846 — IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability – Litigation
- Ethicon Physiomesh, Northern District of Georgia
⦿ Honorable Richard W. Story, presiding
- Atrium Medical Corp., District of New Hampshire
⦿ Case No: 16-md-2753 LM
⦿ Presiding Judge: Hon. Landya B. McCafferty
Hernia Mesh Timeline
When it comes to mass litigations, there are multiple events that can lead up to a large lawsuit including studies, injury reports, recalls, and more. There are many events that have led up to the hernia mesh litigation such as:
- June 2009: The Problem of Mesh Shrinkage in Laparoscopic Incisional Hernia Repair.
- January 2010: Oral Biofilms: Emerging Concepts in Microbial Ecology.
- July 2011: Mesh Infection in Ventral Incisional Hernia Repair: Incidence, Contributing Factors, and Treatment.
- August 2011: Complications of Mesh Devices for Intraperitoneal Umbilical Hernia Repair: A Word of Caution.
- August 2012: Ventral Hernia Repair with Synthetic, Composite, and Biologic Mesh: Characteristics, Indications, and Infection Profile.
- October 2013: Biologic Meshes are Not Superior to Synthetic Meshes in Ventral Hernia Repair: An Experimental Study with Long-Term Follow-Up Evaluation.
- November 2013: Coated Meshes for Hernia Repair Provide Comparable Intraperitoneal Adhesion Prevention.
- May 2014: Comparison of Outcomes of Synthetic Mesh vs Suture Repair of Elective Primary Ventral Herniorrhaphy: A Systematic Review and Meta-Analysis.
- August 2015: Previous Methicillin-Resistant Staphylococcus Aureus Infection Independent of Body Site Increases Odds of Surgical Site Infection after Ventral Hernia Repair.
- June 2016: Sepramesh and Postoperative Peritoneal Adhesions in a Rat Model.
- August 2016: Evaluation of Long-Term Surgical Site Occurrences in Ventral Hernia Repair: Implications of Preoperative Site Independent MRSA Infection. Oral, Intestinal, and Skin Bacteria in Ventral Hernia Mesh Implants.