Are Hernia Mesh Plaintiffs closer to receiving compensation?
The complex and expansive hernia mesh litigation remains one of the largest mass torts in the United States, with tens of thousands of lawsuits consolidated across multiple federal Multidistrict Litigations (MDLs). As of late 2025, the litigation is marked by significant progress in settlements against one major defendant, while key trial dates loom for another, setting the stage for potential global resolutions.
1. C.R. Bard/Davol (MDL 2846): The Settlement Phase
The largest and most advanced segment of the litigation involves C.R. Bard (and its subsidiary, Davol), whose parent company is Becton, Dickinson and Company (BD). With over 23,900 cases still pending in the federal MDL in Ohio, the focus has entirely shifted to settlement execution.
Massive Prior Resolution: In late 2024, BD agreed to a global settlement to resolve approximately 38,000 hernia mesh lawsuits (encompassing both federal MDL and Rhode Island state court cases), with the total payout estimated to exceed $1 billion.
Settlement Administration: The MDL court has established a Qualified Settlement Fund (QSF) and appointed special masters to manage the multi-year process of distributing funds. This process includes "Quick-Pay" options for less-severe claims and a "Traditional Pay" points-based system for more complex injuries.
Ongoing Claims: Despite the major settlement, new claims against Bard are still being filed, and the litigation remains open for plaintiffs who did not qualify or choose to opt-out of the earlier settlement framework.
2. Covidien (MDL 3029): Focus on the First Trial
The litigation against Covidien (a subsidiary of Medtronic) is reaching a critical inflection point, particularly concerning their polyester-based mesh devices like Parietex and Symbotex.
Case Count: The Covidien MDL in Massachusetts now holds over 2,200 federal cases (with thousands more in state courts).
Bellwether Date Set: The first bellwether (test) trial, Patterson v. Covidien, is currently scheduled for February 17, 2026. This trial is a crucial moment, as the jury’s verdict will provide the first public benchmark of liability and damages against Covidien, which is expected to heavily influence the pace and value of settlement negotiations.
Mediation Extended: Court-ordered mediation and settlement negotiations have been ongoing, with a formal deadline extended to January 2026. This tight schedule—negotiations concluding right before the first trial—puts significant pressure on both sides to reach a resolution.
If you have a claim for injuries related to a Hernia Mesh case, the time to act is now!
Discussion
Loading comments...