Hernia mesh cases are processing as you read this. New settlements amounts and awards are now available. This sheds light on one of the most common questions: “How much will my case settle for?” Unfortunately, attorneys can not guarantee definite dollar amounts to their client concerning hernia mesh settlement figures. The reasons are various.
Hernia Mesh Settlement Factors
First, each case is specific and unique. Your injury, if determined to be caused by a mesh product, is not an exact comparison to other individuals. Comparing injuries using hernia mesh as a common denominator does no good. You may think you are comparing apples to apples, but in reality, it is an apples to oranges comparison. Your injury could be very different, resulting in a different final settlement value.
Second, these cases are private. Hernia mesh providers settle them quietly. There is no public database for settlement amounts comparison. Therefore, any attorney who claims to guarantee a certain amount is misleading you. It is simply not possible.
However, what we do have are current case results that have either gone to trial or opted for a settlement. The hernia mesh settlement cases give us a glimpse into the settlement numbers window. Again, no guarantee can be offered as a concrete amount for settlement, they do highlight the importance of filing a claim.
If you believe you may have been injured by your hernia mesh product, or feel like your mesh repair may be infected, you may have cause to file a claim. Contact us; we can walk you through the process. We handle hernia mesh cases and have the experience necessary to help you win. Look at the settlement values below. All of these started with a phone call to a reputable attorney.
Hernia Mesh Settlement Figures | What We Know
Johnson and Johnson
A jury in Philadelphia awarded $20 million to a lady who claimed she experienced chronic pain as a result of her Ethicon transvaginal mesh product. While Ethicon says they will appeal the decision, this marks the fifth major loss involving a hernia mesh product since 2014.
Sharon Carlino filed another transvaginal mesh product liability suit against the manufacturer in 2013. The final verdict was a $13.7 million dollar judgment, including a $10 million dollars in punitive damages. Doctors removed the mesh after complications (the mesh was partially exposed). She suffered scarring and chronic pain, after undergoing multiple surgeries to remedy the repair.
In 2016, Johnson and Johnson paid another $120 million dollars as settlement for faulty mesh products. The attempt was an attempt by Johnson and Johnson to settle more than 42,000 cases. The settlement covered 2,000-3,000 women who claimed complications from surgery after the mesh eroded in their body and Johnson and Johnson tried to cover it up. They have since issued a recall to pull the hernia mesh in question from the market.
In 2015, C.R. Bard settled 2,970 lawsuits related to hernia mesh failure. The claim was filed on by women outfitted with their Pinnacle Pelvic Floor Repair Device (a transvaginal mesh product). The mesh allegedly provided no relief. Instead, it caused pain, infection and bleeding. This required multiples follow up surgeries. C.R. Bard paid $119 million dollars as final settlement.
Following the April $119 million dollar settlement, C. R. Bard paid out $200, million in August of the same year. This was to settle another 3,000 cases. Each plaintiff received approximately $67,000 due to complications experienced from their hernia mesh surgery. These settlements were in addition to a 2011 MDL (multi district litigation) case. C.R. bard paid $184 million dollars to settle 2,600 cases in the state of Rhode Island.
Two individuals, both Texas residents, won $34.5 million dollar settlements against Boston Scientific. Both Felix and Martha Salazar sued Boston Scientific for complications resulting from their Obtryx transvaginal mesh product. The claim was that the mesh product was incompatible with human tissue and the marketing was misleading to physicians. Some of the women outfitted with Obtryx claim they experienced urinary problems, bleeding and pain during sexual intercourse.
The jury found that Boston Scientific could have made a safer product. The next year, Boston Scientific found themselves under investigation by the FDA. The following lawsuit alleged the company used materials smuggled in from China to make their hernia mesh devices.
This occurred one year after two individuals sued the company in multi-million dollar cases. The first individual received $26.7 million dollars, while the second received $18.5 million dollars from a case tried in another state.
In 2014, this hernia mesh product manufacturer paid $830 million dollars to settle approximately 20,000 lawsuits. This occurred in April. The claim was the mesh products were defective, resulting in chronic pain and suffering. Six months afterward, Endo paid another $400 million dollars to approximately 10,000 plaintiffs for the same issue. They received $48,000 each. This settlement of $1.3 billion dollars total represents one of the largest hernia mesh settlements to date.
These suits came on the heels of the 2013 lawsuits, where a $54.4 million dollar settlement was offered to settle an undisclosed number of cases against AMS, their subsidiary. At the time, Endo revealed they were dealing with 7,700 lawsuits.
The sheer number of cases and dollar amounts prove one thing; the law hold manufacturers accountable for faulty devices sold to the public. In the examples above, cases number in the thousands, and settlement values in the millions. This is just the beginning. As time progresses, hernia mesh settlement figures are sure to change.
New claims are filed daily, and new multi district litigation courts are expected to follow suit for processing. If you do not see the manufacturer of your mesh device listed above, or your particular device, don’t panic. Judges try cases according to manufacturer, and each one will have a turn. If you have questions about your hernia repair, call us. We have experience with hernia mesh cases involving particular mesh products. We will work with you to determine whether or not you have basis for a claim. The consultation is free. You might be owed compensation for your pain and suffering. All you have to do is contact our team at Avram Blair.