Los Angeles Hernia Mesh Lawsuits: What’s New, What’s Next, and What It Means for Your Case

For hundreds of thousands of Americans, a hernia repair surgery using a synthetic mesh implant was supposed to be a permanent solution to a painful problem. Instead, for many, it was the beginning of a new nightmare filled with chronic pain, debilitating infections, and the need for multiple, complex revision surgeries. If you are one of the many people suffering from complications after a hernia mesh implant, you are not alone, and you have legal rights.

Major litigation against hernia mesh manufacturers has been ongoing for years, and recent developments have created new opportunities for victims to seek justice. At Walch Law, our family has been fighting for the injured for over 45 years. We understand the science behind defective medical devices and the legal strategies needed to hold powerful corporations accountable. CALL us now to get started.

Hernia Mesh Litigation: A Snapshot of Where Things Stand

Thousands of lawsuits have been filed against multiple hernia mesh manufacturers, alleging that their products were defectively designed and that they failed to warn doctors and patients about the severe risks. The litigation is complex, with cases consolidated in both federal multi-district litigation (MDL) and state courts.

Here’s a high-level look at the major players and recent activity:

Bard/Davol: This is one of the largest litigations, involving various polypropylene mesh products (like Ventralex, PerFix, and Kugel). After several bellwether trials with mixed results, Bard has initiated global settlement programs to resolve large inventories of claims. These programs are ongoing, and lessons learned from early trials are shaping settlement values.
Ethicon/Physiomesh: Ethicon, a subsidiary of Johnson & Johnson, faced thousands of lawsuits over its flexible composite Physiomesh product, which was quietly withdrawn from the market. Many of these cases have been resolved through a global settlement, but new claims may still be viable.
Atrium/C-QUR: Lawsuits over Atrium’s C-QUR mesh, which featured a fish oil-based coating, alleged the coating caused severe inflammatory reactions and complications. A global settlement program has resolved a significant number of these cases.
Covidien/Medtronic: This litigation involves various mesh products, including those made from polyester. While not as large as the Bard MDL, these cases continue to move forward, focusing on the specific defects of each product line.

The key takeaway from recent developments is that while some manufacturers are moving toward large-scale settlements, the fight is far from over. Bellwether verdicts, even when reduced on appeal, have shown that juries are willing to hold these companies accountable when presented with strong evidence of defects and patient suffering.

Key Injuries and Complications Tied to Defective Mesh

Defective hernia mesh can lead to a cascade of painful and life-altering complications. The design flaws often relate to the materials used (like polypropylene, which can degrade and shrink inside the body) or the coatings applied to the mesh.

Common injuries that may qualify you for a lawsuit include:

Chronic Pain: Severe, persistent pain at or near the surgical site that does not resolve.
Infection: Deep-seated infections that are resistant to antibiotics and may require surgery to remove the mesh.
Mesh Migration: The implant moves from its original location, potentially damaging other tissues or organs.
Adhesion: The mesh fuses to internal organs, such as the bowels, causing severe pain and complications.
Bowel Obstruction or Fistula: The mesh can erode into the intestines, causing a blockage or creating an abnormal connection (fistula) between organs.
Hernia Recurrence: The mesh fails, causing the hernia to return.
Seroma: A persistent pocket of fluid that forms around the implant.

Treating these complications often involves multiple procedures, including long-term antibiotic therapy, drainage of abscesses, and, most significantly, complex revision surgery to remove the defective mesh (explant surgery) and reconstruct the abdominal wall. It is essential to follow your doctor’s medical guidance throughout this process.

Who Is Eligible to File a Hernia Mesh Lawsuit?

Eligibility for a lawsuit depends on several key factors. You may have a claim if you:

Were implanted with a hernia mesh product made by one of the defendants (Bard, Ethicon, Atrium, Covidien, etc.).
Suffered one or more of the serious complications listed above.
Required significant medical treatment, such as revision surgery, to address these complications.
Are within the legal time limits for filing a claim.

What if you don’t know your mesh brand? This is a very common and solvable problem. Your attorney can obtain your surgical operative reports, which often include an implant sticker with the product name and lot number. Hospital billing records also contain device identifiers (UDI) that can be used to identify the exact product used in your surgery– as your Los Angeles hernia mesh lawyers, we can take care of this information if you do not already know it.

Building Your Case: Evidence to Start Gathering Now

A successful hernia mesh claim is built on strong medical evidence. Your legal team will handle the official record retrieval, but you can help by gathering any documents you already have:

Surgical operative reports for both the initial hernia repair and any revision surgeries.
Implant labels, stickers, or any device ID information you were given.
Imaging reports (CT scans, MRIs, ultrasounds) showing mesh complications.
Pathology or culture results from any revision surgery or fluid drainage.
Records of follow-up visits with your surgeon or other specialists.
Pharmacy records for antibiotics or pain medication.
Documentation of lost wages and out-of-pocket medical costs.

Timelines and Legal Venues

Hernia mesh cases are complex and do not resolve overnight. Most cases are filed in federal MDLs, which centralize pretrial proceedings to make the process more efficient.

Statute of Limitations: In California, the statute of limitations for a product liability claim is generally two years. However, the “discovery rule” often applies, meaning the clock starts ticking when you knew, or reasonably should have known, that the hernia mesh was the cause of your injury. This is often the date your doctor informs you that the mesh has failed or when you undergo revision surgery.
Typical Timeframe: From the initial investigation and record collection to a potential settlement or trial, these cases can take several years to resolve. An experienced attorney can guide you through the process and keep you informed at every stage.

It is important to note that while having a revision or explant surgery can significantly strengthen your case by confirming the defect, it is not required to start a claim. If your doctor has diagnosed a mesh-related complication, you should contact the best California hernia mesh attorney near you to protect your legal rights.

What Drives the Value of a Hernia Mesh Case?

The compensation in a California hernia mesh case is tailored to the unique facts of each victim’s suffering. Factors that drive the value include:

The severity and number of complications suffered.
The number of revision surgeries required.
The existence of permanent injuries or physical restrictions.
The total amount of past and future medical expenses.
The amount of lost wages and impact on future earning ability.
The extent of your physical pain and emotional suffering.
The strength of the evidence proving the specific product was defective (e.g., polypropylene oxidation, coating failure) and that the manufacturer knew about the risks.

Frequently Asked Questions (FAQ)

1. Do I have to have revision surgery to file a lawsuit?
No. While a revision surgery provides strong evidence, you can still file a claim if you have a diagnosed complication (like chronic pain or infection) that is clearly linked to the mesh, even if you have not yet had surgery to remove it.

2. What if I don’t know the brand of my hernia mesh?
This is very common. Your attorney can obtain your medical records, which almost always contain an implant sticker or device code that identifies the manufacturer and product.

3. How long do these cases take to resolve?
Due to their complexity, hernia mesh lawsuits can take several years. Cases that enter into a settlement program may resolve faster than those that proceed toward an individual trial.

4. Have these hernia mesh products been recalled?
Some products, like Ethicon’s Physiomesh, were withdrawn from the market, which is similar to a recall. However, many other allegedly defective mesh products have not been recalled and are still in use today. A recall is not required to file a lawsuit.

5. Can I still file if my hernia surgery was many years ago?
Yes. The legal clock (statute of limitations) typically starts when you discover your injury is related to the mesh, not on the date of the original surgery.

6. Will my health insurance or Medicare want reimbursement from my settlement?
Yes. Health insurers have a right of subrogation, meaning they are entitled to be reimbursed for the medical bills they paid related to your mesh complications. Your attorney will handle negotiating these liens to maximize the amount of money you keep.

7. Can I sue my surgeon?
In most cases, the lawsuit is against the manufacturer for providing a defective product. Lawsuits against surgeons are rare unless there is clear evidence of medical malpractice in the way the mesh was implanted.

8. How are legal fees and costs handled?
At Walch Law, we handle all hernia mesh cases on a contingency fee basis. This means you pay absolutely no fees or costs unless and until we win your case and recover money for you.

You Focus on Your Recovery. We’ll Handle the Fight.

Living with the consequences of a failed hernia mesh implant is a daily battle. You should not have to fight a legal battle against a corporate giant at the same time. The dedicated product liability attorneys at Walch Law will manage every aspect of your case—from retrieving medical records and hiring world-class experts to negotiating a fair settlement—so you can focus on your health and family.

If you have suffered complications from a hernia mesh implant, contact us today for a free, confidential consultation. Let our family help yours get the justice and financial security you deserve.