FAQ: Is There a Hernia Mesh Class Action Lawsuit? [2024 Guide]

There Is No Hernia Mesh Class Action Lawsuit

There are no active class action lawsuits for defective hernia mesh devices.

However, there are a number of multidistrict litigations (MDLs) filed against different prominent hernia mesh device manufacturers.

Consolidating similar lawsuits into a single MDL doesn’t eliminate the individual nature of each claim.

Each case may still go through an individual trial, and any settlement will be determined by the outcome of that specific case.

Going through this legal route offers several advantages over joining a class action lawsuit:

1. Individualized Attention: Since each case is unique, joining an MDL gives your case individualized and personalized consideration from the court.
2. More Control Over Your Case: In a class action lawsuit, plaintiffs have little to no control over the proceedings and outcome of their cases. However, in an MDL, you have more say in managing your case and can choose when to accept a settlement offer or proceed to trial.
3. Higher Potential for Compensation: In a class action lawsuit, the payout is usually divided among all class members, resulting in smaller individual settlements. However, in an MDL, you can recover more based on your specific injuries and losses.

MDL vs Class Action Lawsuit: How Are They Different?

The terms multidistrict litigation and class action lawsuit are often used interchangeably.

Some law firms refer to the Hernia Mesh MDLs as the “Hernia Mesh Class Actions” or the “Hernia Mesh Class Action MDL”, but these terms are incorrect.

Several fundamental differences, advantages, and disadvantages set these MDL and class action apart from each other.

Multidistrict Litigation (MDL)

MDLs are a procedural mechanism used in federal courts to manage multiple civil cases that involve one or more common questions of fact.

They are designed to handle complex litigation efficiently by consolidating pretrial proceedings.

The JPML, or Judicial Panel on Multidistrict Litigation, oversees the creation and management of MDLs.

The critical factor in MDLs is the presence of common factual questions.

A “common factual question” simply means the cases share similar facts in their lawsuits.

For example, in the case of hernia mesh litigation, all plaintiffs allege similar injuries and complications from the same types of medical devices.

As established earlier, each plaintiff in MDLs retains their lawsuit.

This individuality means each case remains separate and distinct, allowing for individual settlements and judgments based on the specific circumstances of each plaintiff.

In MDL, the cases are transferred and consolidated to a single federal district court for coordinated pretrial proceedings, including discovery and pretrial motions, under one judge.

This consolidation of multiple similar cases boosts efficiency by avoiding repetitive and duplicative discovery procedures and reducing the potential for conflicting rulings from different judges.

Class Action Lawsuit

Class action lawsuits are legal proceedings in which a group of plaintiffs, known as class representatives, file a lawsuit on behalf of a larger group of individuals who are in similar circumstances and have similar claims against the defendant.

The commonality of factual questions is vital in class action lawsuits.

Class action lawsuits also require the commonality of legal questions, which means all cases should fall within the same legal definition of a cause of action.

All class members must have claims involving the same issues that are sufficiently similar to be handled together.

Class action lawsuits also undergo a certification process to determine if they meet the requirements for class action status.

The court must determine that there are too many plaintiffs to join them as individuals and that the named plaintiff(s) adequately represents all class members.

In class actions, the entire class is treated as a single plaintiff.

The class representatives make decisions on behalf of all class members, and the case outcome applies to everyone in the class.

What Is the Legal Process for the Hernia Mesh MDL?

The legal process of a hernia mesh MDL can take years from start to closure.

Although MDLs vary in processes and milestones, they follow a general outline.

Filing and Consolidation

The MDL process will start when plaintiffs file lawsuits with common factual questions in federal district courts nationwide.

All lawsuits filed should address the defect of the hernia mesh and how it inflicted damages on the plaintiffs.

Once enough similar cases are filed, the JPML will set the motion to consolidate these cases to form a single MDL.

The JPML transfers the cases to one federal district court, overseen by a single judge, to handle all pre-trial matters, such as discovery and pre-trial motions, efficiently.

Dispositive Motions

Following the formation of an MDL, the defendants will usually file dispositive motions (e.g., motions to dismiss or motions for summary judgment).

These motions may seek to resolve the cases or specific issues within the cases before trial, arguing that there are no genuine issues of material fact requiring a trial or that the plaintiffs’ claims lack legal sufficiency.

The MDL judge reviews and rules on these motions.

If granted, some or all of the lawsuits may be dismissed.

If denied, the cases proceed to the next stage of litigation.

Bellwether Trials

If the MDL progresses, the MDL judge will schedule the first bellwether trial.

In bellwether trials, a few representative cases are selected from the pool of consolidated cases.

These cases are chosen based on their potential to provide insights into the broader litigation, often reflecting common issues and varying factual patterns.

Bellwether trials help plaintiffs and defendants gauge how juries might respond to the evidence and testimonies.

The outcomes of these trials can influence settlement negotiations and provide a framework for resolving the remaining cases.

The results of bellwether trials are not binding on other cases in the MDL but can provide valuable information and momentum toward settlement discussions.

Settlement Negotiations

Both parties may engage in settlement negotiations anytime throughout the MDL, particularly after bellwether trials.

The MDL judge may facilitate these discussions, sometimes appointing a special master or mediator.

The goal is to reach a global settlement that resolves all or most of the cases within the MDL.

Settlements may vary based on each plaintiff’s circumstances, considering factors such as the severity of injuries and the extent of damages.

Trial and Closure

After a series of (or in some cases only one) bellwether trials, some of the cases in the MDL will have a favorable settlement.

The remaining cases may proceed to trial.

The MDL judge coordinates these cases’ return (remand) to their original courts for trial, or they may be tried in the MDL court, whichever is appropriate.

Trials involve presenting evidence, examining witnesses, and making legal arguments before a judge or jury. Each case is decided on its individual merits.

Once all cases are resolved through settlement or trial, the MDL is formally closed.

The MDL judge issues an order concluding the MDL proceedings.

Appeals Process

After a trial, either party can appeal the verdict or judgment to a higher court.

Appeals may challenge issues such as the admissibility of evidence, jury instructions, or legal interpretations, but they may not address factual errors.

The appellate court reviews the trial court’s decisions for legal errors.

The outcome of the appeal can result in the affirmation of the trial court’s decision, a reversal, or a remand for a new trial or further proceedings.

What’s Happening in the Hernia Mesh MDL Currently?

The Hernia Mesh Multidistrict Litigation (MDL) is actively proceeding as courts manage numerous cases involving complications from hernia mesh implants.

The focus is on consolidating pretrial activities, streamlining the discovery process, and facilitating settlement discussions between the parties involved.

How the Current Hernia Mesh MDLs Formed

The case regarding the defective hernia mesh implants started years ago.

Since 2005, various hernia mesh devices have been recalled for causing severe complications and injuries.

These devices were designed to repair hernias, but they failed miserably.

Various MDLs against prominent manufacturers have been created throughout the years.

Some of these manufacturers include Ethicon, Atrium Medical Corporation, and C.R. Bard.

Who Are the Defendants in the MDLs?

Several MDLs were formed to address the increasing number of hernia mesh cases nationwide.

These MDLs are divided based on the manufacturers of the defective devices.

Manufacturers can include:

• C.R. Bard Hernia Mesh Lawsuits: The Bard hernia mesh MDL has over 22,000 active cases to settle. Many people incorrectly refer to this as the Bard hernia mesh class action lawsuit, but make no mistake — it’s an MDL.
• Covidien Hernia Mesh Lawsuits: The Covidien MDL is still running bellwether trials for their remaining 1,100+ active lawsuits.
• Ethicon Hernia Mesh Lawsuits: As of this writing, Ethicon has only 55 active lawsuits in its MDL. Like Covidien, the MDL judge is still holding bellwether trials.
• Atrium Hernia Mesh Lawsuits: The Atrium MDL has over 2,400 active cases, making it the second MDL with the most active lawsuits.

The next hernia mesh trial is slated for 2025, addressing the remaining active lawsuits in the Covidien MDL.

Despite years of legal battles, no prominent manufacturers have publicly announced settlements to settle active lawsuits in the MDL.

In July 2021, Atrium privately paid a settlement to close some cases in their MDL.

Several reports state that the company spent over $66 million on hernia mesh settlement.

Qualifying for the Hernia Mesh MDL

If you were implanted with a hernia mesh from the involved manufacturers, suffered injuries from the implanted hernia mesh, or had a hernia mesh surgery to remove the defective device, you may be eligible for a lawsuit.

Factors influencing qualification for a Hernia Mesh Lawsuit include:

• Hernia Mesh Implantation: The victim must have had a hernia mesh implanted during surgery.
  • The implanted device should be one of the many recalled models or manufactured by the manufacturers in the MDL.
• Hernia Mesh Complications: The victim must have suffered complications or injuries related to the hernia mesh, such as chronic pain, mesh rapture or migration, organ perforation, etc.
• Treatment and Remedy: The victim should have had a hernia surgery to remove the defective mesh from their body.
• Proof of Defect: The plaintiff must gather proof that the hernia mesh was defective.
  • This proof could be photographs of the extracted mesh, FDA warnings, related studies about the product, or medical documents.
  • Working with a lawyer, at this point, is beneficial to ensure you have enough proof for a lawsuit.

Victims should seek legal representation from attorneys experienced in medical device litigation, specifically for hernia mesh cases.

Hernia mesh lawyers can assess the case, gather necessary evidence, navigate the complex legal landscape, and even help you join the ongoing MDL.

With the right legal help, victims improve their chances of recovering fair settlement or compensation for their damages.

TorHoerman Law: Hernia Mesh Lawyers

If you’re a victim of a defective hernia mesh implant, you don’t have to go through this alone.

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