The hernia mesh litigation is one of the most significant current mass tort matters, involving several defendants and many thousands of claimants. Hernia mesh litigation is the subject of several MDLs and also coordinated state proceedings.
With Bard controlling approximately 70% of the hernia mesh implant market, MDL 2846 In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation in the Southern District of Ohio is expected to be the largest in terms of cases. Ethicon Physiomesh is the subject of MDL 2782 in the Northern District of Georgia and an MCL in New Jersey. Atrium C-Qur mesh products are the subject of MDL 2753 in New Hampshire District Court.
Injuries attributable to hernia mesh include hernia recurrence, adhesion, mesh migration or shrinkage, bowel obstruction or perforation, pain and infection.
Common issues in medical review of hernia mesh cases are locating the product sticker or implant log to properly identify the hernia mesh product and correctly attributing injuries in cases where there have been multiple hernia mesh implants or surgeries.
The Verus team has been working on hernia mesh prior to the time interest in these cases first arose. When we were managing transvaginal mesh cases, the medical review team realized there were claimants who were mistaken about the mesh they had. Although there was no interest in hernia mesh cases at that time, our team kept track of the women with hernia mesh implants and when the buzz began about that litigation, we were able to inform our clients about the cases they already had in their inventory.
The Verus team is prepared to support firms who are handling hernia mesh cases with a range of services including:
- Medical record review: nurse review of medical records for identification of hernia mesh product and resulting injuries
- Case management: medical record management and case status tracking
- Claimant contact: first-line email, mail and phone services for communications with your claimants
- Plaintiff fact sheet preparation: medical record review and coordination with claimants to complete plaintiff fact sheets