Covidien is a medical device company that has faced numerous lawsuits regarding its hernia mesh products.
These lawsuits allege that the company’s hernia mesh products are defective and can cause serious complications, including infection, chronic pain, and revision surgery.
If you had surgery to repair a hernia using Covidien hernia mesh implants and experienced adverse effects after the procedure, you may be entitled to compensation.
Contact our qualified hernia mesh lawyers today to discuss your legal options and the potential to file a lawsuit against the hernia mesh manufacturer.
Covidien is a medical device company that has faced numerous lawsuits regarding its hernia mesh products.
In this article, we will go through all the information you need regarding the possible side effects of Covidien hernia mesh devices. We will also analyze the litigation process as of December 2022, so that you can keep up to date with the proceedings.
What is Covidien Hernia Mesh?
Covidien hernia mesh is a type of medical device used to repair hernias, which are areas of weakness in the abdominal wall that allow organs or tissue to protrude through. These hernia mesh devices are manufactured by Covidien, a subsidiary of Medtronic.
Covidien hernia mesh products are made of a synthetic material called polyester or polypropylene and are used in various types of hernia repair surgery, such as inguinal hernia repair and ventral hernia repair.
Medtronic is one of the most prominent manufacturers of hernia devices in the United States. Some other essential players in the field are J&J (Ethicon), Davol Bard Inc., and Atrium Medical.
What Is Wrong With Covidien Hernia Mesh?
As with other FDA-cleared hernia mesh devices, Covidien hernia mesh can result in complications post-surgery. These are the most common reports of complications associated with the use of Covidien hernia mesh:
- Inflammation or scarring at the site of the mesh implant
- Infection or bleeding
Failure or damage to the mesh over time leads to the need for additional surgery - Adverse reactions to the material used in the mesh, such as allergic reactions or sensitivities
Hernia recurrence or persistence despite the use of mesh - Pain or irritation at the area of the mesh implant
- Perforation– hole or tear in a structure or organ
- Seroma– excess of fluid that can lead to swelling and discomfort
- Fistula– an abnormal connection or passageway between two organs or an organ and the surface of the skin
Adhesions - Mesh migration or rejection from the body
Bowel obstruction, which can necessitate a bowel resection
If you or a loved one has experienced these complications after being implanted with a Covidien hernia mesh, do not hesitate to speak to our hernia mesh lawyers who will determine if you qualify for a Covidien hernia mesh lawsuit.
Which Covidien Hernia Mesh Products Have Been Linked to Complications?
Covidien has manufactured several different hernia mesh products over the years. However, according to the FDA MAUDE database, the Covidien hernia devices that have been recalled from 2000 to 2022 are the following:
- Covidien Parietex Hernia Mesh
- Device problems: Migration or Expulsion of Device; Device Operates Differently Than Expected; Adverse Event Without Identified Device or Use Problem; Detachment of Device or Device Component
- Patient problems: Pain, Abdominal Pain, Hernia, Swelling; Urinary Retention; Vomiting; Discomfort; Abdominal Distention; Failure of Implant; Scarring; Numbness; Ambulation Difficulties; Weight Changes; Dysuria
- Covidien Parietex Composite Mesh
- Device Problems: Migration or Expulsion of Device; Adverse Event Without Identified Device or Use Problem
- Patient Problems: Adhesion(s); Pain; Scar Tissue; Hernia; Injury; Unspecified Tissue Injury
Unfortunately, since no human trials have been conducted before launching the devices in the market, the patients had to report the adverse side effects themselves.
Contact h our hernia mesh lawyers who can help determine the type of product used in your hernia operation.
Hernia Mesh MDLs
There have been many lawsuits involving hernia mesh products in recent years. Some of the most well-known cases include products made by manufacturers such as Ethicon (a division of Johnson & Johnson), Bard Davol, and Atrium Medical.
To give an understanding of the major number of plaintiffs involved in those lawsuits, here are the actions pending in total in the 3 biggest hernia mesh MDLs, as of December 15, 2022:
C.R. Bard Inc., Hernia Mesh Products Liability Litigation: 18,227 actions pending
Ethicon Hernia Mesh Products Liability Litigations: 3,634 actions pending
Atrium Medical Corp. Mesh Products Liability Litigation: 3,379 actions pending
In 2022, a new MDL was added to the above pack of class actions against manufacturers who created defective hernia mesh devices. The fourth MDL was consolidated against Covidien and its hernia mesh products.
Below, we will go through all the updates and a timeline of the litigation process. as well as when you should expect your lawsuit against Covidien to settle.
Timeline of the Covidien Hernia Mesh Lawsuit
July 2020
The Judicial Panel of the United States denied centralizing the Covidien Hernia mesh lawsuits into an MDL.
After considering multiple factors, including the number of cases, the similarities of the factual and legal issues involved, and the convenience of the parties and witnesses, the judicial panel decided not to transfer the cases to a single federal district court for pretrial proceedings. The main reason for the rejection was the low number of plaintiffs (12 actions pending in federal court at the time).
June 2022
The JPML decided to form the lawsuits into a mass action MDL against Covidien. The main reasons in favor of this decision were:
- The vast increase of plaintiffs alleging injury from Covidien hernia mesh (85 plaintiffs compared to 12 in 2020)
- The similarity of the cases/practicality reasons
- The support of the plaintiffs to create the MDL
- The projections of the panel for a significant increase in hernia mesh cases against Covidien
- The significant increase in state court hernia mesh cases against Covidien, resulting in the need for federal-state coordination
The lawsuits were consolidated into a mass action MDL in the District of Massachusetts, where Covidien is headquartered and most cases are pending. Judge Patti B. Sarris is appointed to preside over all federal Covidien hernia mesh lawsuits.
August 2022
The first status conference took place, just two months after the consolidated MDL (90 cases pending). The next steps include completing the corporate discovery and scheduling the first dates of the initial bellwether cases.
October 2022
A plaintiffs submission on October 14, 2022, proposed for the discovery to be completed by April 8, 2024. On the contrary, Covidien’s defendants proposed for the corporate discovery to be completed by September 30, 2023, giving the plaintiffs less than a year in total. The plaintiffs opposed the defendant’s proposal.
December 2022
As of December 15, 2022, 156 cases are pending in federal courts.
Am I Eligible to File a Lawsuit Against Covidien LP for Their Defective Hernia Mesh?
If you have experienced complications or injuries as a result of a defective hernia mesh product manufactured by Covidien, you may be eligible to file a lawsuit against the company.
Things your hernia mesh lawyer will have to show or consider when filing your hernia mesh lawsuit:
- Demonstrate that the hernia mesh product was defective and that the defect caused injury or harm. An appointed lawyer can help you dig up your medical history and find out which specific product was used during the operation.
- Show that you used the product as intended and that your doctor was not responsible for the injuries or complications caused.
- Take into consideration what the statute of limitations is– the deadline until which you can file a lawsuit against the manufacturer.
It is recommended that you speak with a lawyer experienced in handling hernia mesh cases, who can guide you through the procedure with confidence and security.
Get in touch with our law firm today so that we can review the specifics of your case and advise you on whether you have a valid hernia mesh claim against Covidien.
We will clarify the legal process and advise you on the best course of action to take depending on your individual experience and needs.
When Should I Expect My Covidien Hernia Mesh Lawsuit to Settle?
We cannot give a clear-cut answer regarding this matter. The timeline for a lawsuit can vary significantly depending on several factors, such as the complexity of the cases, the number of parties involved, the availability of relevant evidence, and the willingness of the opposing parties to negotiate and reach a compromise.
Many large litigations do not begin to settle until after bellwether trials take place.
A bellwether trial is used to help determine the potential outcomes of similar cases that are pending and they are useful in helping to resolve large groups of similar cases.
For example, if a bellwether trial results in a favorable outcome for the plaintiff, it may increase the likelihood that other plaintiffs will also be successful in their cases. We are still awaiting the fixed date of the initial bellwether trial in the Covidien hernia mesh MDL.
What Financial Outcome Can I Expect From My Covidien Hernia Mesh Lawsuit?
It is difficult to predict the exact financial outcome of a lawsuit involving a defective hernia mesh product manufactured by Covidien, especially because no bellwether trial has been conducted yet.
The amount of money awarded to a plaintiff depends on the severity of the injuries or complications suffered, the cost of medical treatment and other damages, and the laws that are applicable in each state.
The plaintiffs may also be entitled to recover damages for non-economic losses, such as pain and suffering, or even the loss of a loved one. An experienced hernia mesh lawyer has to review the specifics and they will be able to advise you on the potential financial outcome of your case.
Contact Us Today to File a Covidien Hernia Mesh Lawsuit
If you or a loved one suffered from a defective Covidien Hernia medical device, contact Nigh Goldenberg Raso & Vaughn to claim justice together today. There are no upfront fees– we are available for a free consultation to discuss your case and take necessary action 24/7.
