Key Takeaways: What Every Houston Hernia Mesh Victim Should Know
- Bard reached a global settlement in October 2024 to resolve approximately 38,000 hernia mesh claims, including cases from both federal MDL and state courts.
- Over 25,000 Bard hernia mesh lawsuits are consolidated in MDL 2846 in the United States District Court for the Southern District of Ohio.
- You have two years from the date of injury to file a product liability claim in Ohio, though this can be extended if you didn’t know about the injury right away.
- Mesh complications include chronic pain, bowel obstruction, organ perforation, mesh migration, and infections requiring additional hernia surgery.
- Simmons & Fletcher has nearly 50 years of experience helping Houston families recover compensation from defective medical devices and medical malpractice cases.
Contact our Houston hernia mesh attorneys today for a free case evaluation. We’ll help you understand if you qualify for the Bard hernia mesh settlement or if pursuing an individual lawsuit makes sense for your situation.
Why Choose Simmons & Fletcher After a Hernia Mesh Injury in Houston?
Our Houston hernia mesh lawyers understand the devastating impact of defective hernia mesh on your life and quality of life. Since 1979, we’ve been fighting for injured Texans who have suffered from defective medical devices and medical malpractice, securing millions in compensation for our clients.
Here’s what sets our hernia mesh attorneys apart:
- Board certification:Paul Cannon is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization;
- Proven results: We’ve recovered millions for victims of catastrophic injuries;
- Local Houston presence: We serve clients throughout Harris County, including at major Houston medical facilities like the Texas Medical Center, Memorial Hermann, and Methodist Hospital;
- No upfront costs: You pay no attorney fees unless we recover compensation for your hernia mesh injuries.
If you received hernia repair surgery at a Houston-area hospital or surgical center and experienced mesh complications, our experienced hernia mesh lawyers will:
- Provide a free consultation to evaluate your hernia mesh lawsuit;
- Gather your medical records and work with medical experts;
- Determine if you qualify for the bard hernia mesh settlement or should pursue individual litigation;
- Handle all communications with insurance companies and opposing counsel;
- Fight for maximum hernia mesh compensation for your medical bills, pain and suffering, and lost wages.
Get legal help today. Call (713) 932-0777 to speak with a compassionate Houston hernia mesh lawyer about your case.
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Important Facts To Know About Your Claim
Bard hernia mesh lawsuits have been consolidated in MDL 2846 in the United States District Court for the Southern District of Ohio. The statute of limitations to bring a product liability claim in Ohio is two years from the date of the injury.
This deadline can be extended to run starting from the date you knew or should have known of the injury. Your hernia mesh lawsuit may be subject to the statute of limitations and related rules in the state where your injury occurred.
Key legal considerations for Houston hernia mesh victims:
- Texas follows a two-year statute of limitations for personal injury claims under Section 16.003 of the Texas Civil Practice and Remedies Code;
- The discovery rule may apply if mesh manufacturers concealed defects;
- Multiple parties may be liable, including the surgeon, hospital, and mesh manufacturers;
- Medical expenses and ongoing treatment costs are recoverable damages.
Don’t wait to protect your rights. Contact our Houston hernia mesh attorneys immediately to ensure all filing deadlines are preserved.
Latest Update on The Bard Hernia Mesh Settlement
Recent developments in the Bard hernia mesh litigation show encouraging progress toward resolving these complex defective medical device cases. Settlement negotiations have intensified as both sides work toward a comprehensive resolution.
Motion to Remand for Trial
In September 2024, the Judge denied the Plaintiffs’ Motions to Remand the cases, keeping them consolidated in the federal MDL for settlement purposes. Earlier in January 2024, plaintiffs had filed a motion to remand the remaining Bard hernia mesh cases to the federal courts from which they were originally transferred, seeking to have these cases set for individual trials.
This procedural development affects how quickly individual cases may proceed to trial, potentially influencing settlement negotiations and timeline expectations for hernia mesh compensation.
Hernia Mesh Settlements
In October 2024, Bard’s parent company Becton Dickinson agreed to an out-of-court settlement for hernia mesh lawsuits involving cases in federal MDL and state court. The settlement resolves around 38,000 claims, including nearly 25,000 hernia mesh claims in the Ohio MDL and over 15,000 claims in Rhode Island.
Settlement details:
- Total payouts are believed to be upwards of $1 billion, representing a “large majority” of BD’s $1.7 billion product liability reserve;
- The company plans to make payments over several years, with the first settlement being paid by the end of 2024;
- Injured patients can still choose to pursue an individual hernia mesh settlement, though cases may go to court.
This settlement followed months of intensive negotiations. In August 2024, attorneys for both sides had informed the judge that they were very close to finalizing settlement details in the CR Bard hernia mesh litigation. Despite this progress, new hernia mesh lawsuits are still being filed.
Similar progress has been made in related litigation. In December 2023, hernia mesh lawsuits against Johnson & Johnson & Ethicon entered into a settlement out of court in a Georgia MDL that resolved roughly 225 cases. They also resolved about 160 earlier in MDL 2782.
Related Resources
- Wrong Side Surgery: Learn about surgical errors that occur when surgeons operate on the wrong body part and your legal options.
- Surgical Instruments Left Inside Patients: Understand legal claims for retained foreign objects after surgery and resulting complications.
- Defective Drug and Pharmaceutical Lawyers: Explore how defective medications can cause serious harm and your rights to compensation.
- Wrong Medication & Prescription Lawyer: Read about medical malpractice claims involving prescription errors and pharmacy mistakes.
- Birth Injury Lawyer: Find out how medical negligence during childbirth can lead to serious brain injuries and disabilities.
- Premises Liability Claims in Texas Hospitals and Medical Facilities: Learn about non-medical injuries that occur at healthcare facilities.
- Wrongful Death Lawyer: Understand your legal rights when medical malpractice or defective medical devices cause a loved one’s death.
- Catastrophic Injury: Discover compensation options for life-altering injuries caused by medical negligence or defective products.
Talk to a C.R. Bard Hernia Mesh Lawyer
If you or someone you know has been severely injured as a result of C.R. Bard’s defective hernia mesh, you may be entitled to recover damages or seek a hernia mesh settlement.
Our Houston hernia mesh lawyers serve clients throughout the greater Houston area, including:
- Harris County medical facilities and surgical centers;
- The Texas Medical Center and surrounding hospitals;
- Katy, Sugar Land, and West Houston areas;
- Memorial Hermann, Methodist, and St. Joseph healthcare systems.
Whether you received hernia repair surgery at a major Houston hospital or an outpatient surgical center, our experienced hernia mesh attorneys can help you understand your legal options.
Don’t suffer in silence from hernia mesh complications. Contact Simmons and Fletcher, P.C. today at (713) 932-0777 to set up a free consultation and learn more about your case. When we handle your hernia mesh lawsuit, our firm charges no attorney’s fees or litigation expenses unless we obtain a settlement or judgment in your favor.
FAQ’s
What is Hernia Repair Mesh?
Hernia repair mesh is a surgical implant used to repair damaged areas in the muscle or connective tissue during hernia surgery. This medical device provides extra support to the damaged abdominal wall and comes in various shapes and sizes for different surgical repairs. The mesh is designed to help prevent hernia recurrence by strengthening the surgical site.
What evidence is needed for a mesh lawsuit?
Evidence needed for a hernia mesh lawsuit includes your medical records documenting the mesh implantation and subsequent complications, surgical reports, imaging studies showing mesh problems, and documentation of all medical expenses. Our Houston hernia mesh attorneys will help gather expert medical testimony to prove the mesh was defective and caused your injuries. We’ll also obtain records showing the manufacturer knew or should have known about the risks.
What are the Complications of Bard Hernia Repair Mesh?
Complications of Bard hernia repair mesh may include mesh migration, seromas, perforation of organs, and adhesion to internal tissue. Other serious complications include chronic pain, bowel obstruction, infection, and mesh erosion through surrounding tissue. These defective hernia mesh complications often require additional surgery to repair or remove the mesh, causing significant medical expenses and pain and suffering.
What Injuries are Associated with Defective Hernia Mesh?
Injuries associated with defective hernia mesh include erosion, migration, sepsis, bowel paralysis, organ perforation, fistula, seroma, pelvic inflammatory disease, severe pain, hematoma, allergic reactions, infections, bowel obstruction, and hernia recurrence. These catastrophic injuries can significantly impact your quality of life and may require multiple surgical procedures to address the mesh complications.
What are the Results of the C.R. Bard Hernia Mesh Bellwether Trials?
The results of the C.R. Bard hernia mesh bellwether trials include:
- December 2021: Defense verdict after a 4-week trial;
- January 2022: $250,000 verdict in favor of the plaintiff;
- August 2022: $4.8 million verdict in Rhode Island state court for a victim who suffered multiple complications;
- October 2023: $500,000 verdict in favor of the plaintiff involving a Bard PerFix Plug mesh.
What is the average payout for a hernia mesh lawsuit?
The average payout for a hernia mesh lawsuit varies significantly based on the severity of complications, medical expenses, and impact on quality of life. With the recent global settlement resolving around 38,000 claims for upwards of $1 billion, individual settlements will depend on factors like the extent of mesh complications, number of revision surgeries required, and ongoing medical treatment needs. Our Houston hernia mesh attorneys can evaluate your specific case to estimate potential hernia mesh compensation.
