Medtronic hernia mesh lawsuit overview:
- Who: A Massachusetts federal judge has denied a motion for summary judgment in a hernia mesh lawsuit, clearing the way for a jury trial.
- Why: Plaintiff Larry Patterson alleges A federal judge has cleared the way for a bellwether trial in a Medtronic hernia mesh lawsuit alleging that Medtronic subsidiary Covidien misled physicians about a critical safety feature of its Symbotex Composite Mesh device.
contains a collagen barrier that degrades prematurely within days of implantation. - Where: The Medtronic hernia mesh lawsuit is the first bellwether trial set to go before a jury in a multidistrict litigation (MDL) filed in Massachusetts federal court.
- How to get help: If you or a loved one suffered complications after a hernia mesh device implantation, you may be eligible to file a hernia mesh claim.
A federal judge has cleared the way for a bellwether trial in a Medtronic hernia mesh lawsuit alleging that Medtronic subsidiary Covidien misled physicians about a critical safety feature of its Symbotex Composite Mesh device.
Plaintiff Larry Patterson filed the hernia mesh lawsuit after suffering a bowel obstruction and hernia recurrence that he says were caused by a defect in the Symbotex mesh implanted during his 2017 hernia surgery.
Patterson alleges that Symbotex’s porcine collagen barrier — a pig-derived coating designed to prevent the mesh from adhering to surrounding organs during the healing process — degrades within approximately seven days of implantation.
He argues that Covidien’s own internal research confirmed this rapid breakdown, yet the company continued to tell physicians the barrier lasted up to 30 days.
In July 2020, three years after his initial surgery, Patterson sought emergency care for sharp abdominal pain and was diagnosed with a small bowel obstruction and recurrent hernia.
His surgeon found a segment of bowel “stuck tightly to old mesh” and was forced to remove a three-inch portion of Patterson’s bowel. The surgeon later stated that he would not have used the Symbotex mesh had he known the collagen barrier could dissolve within seven days.
Medtronic hernia mesh internal documents show company knew of barrier failure risk
District Judge Patti B. Saris denied Covidien’s motion for summary judgment, finding that the evidence was sufficient to allow a jury to decide whether the company adequately warned physicians about Symbotex’s risks.
The court found that Covidien’s own Study #12778, conducted in 2003, showed that the porcine collagen barrier resorption was completed at seven days — and that the company’s chief scientist acknowledged the barrier was “not functioning after about a week.”
“Plaintiff has offered sufficient evidence that Covidien wantonly failed to adequately warn about Symbotex’s risks,” the court order stated. “Symbotex’s IFU represented that the collagen barrier lasts up to one month, and Covidien trained its sales representatives on this fact.”
The judge also allowed claims of gross negligence, breach of implied warranty, fraud and punitive damages to proceed, while reserving ruling on design defect claims pending a separate evidentiary motion.
Law360 reports that plaintiff’s attorney Tim O’Brien said he was satisfied with the ruling, calling it “a careful and thoughtful ruling which should come as no surprise to either of the parties.”
Have you or a loved one been injured by a Covidien Symbotex hernia mesh? Let us know in the comments.
The plaintiffs are represented by Renee Preston and Timothy M. O’Brien of Levin Papantonio Proctor Buchanan O’Brien Barr & Mougey P.A., Kelsey Stokes of Stokes & Hobbs LP, Walter Kelley of Bernheim Kelley LLC, Andrea Giovannone of Rueb Stoller Daniel LLP and C. Brett Vaughn of Nigh Goldenberg Raso Vaughn PLLC.
The Medtronic hernia mesh MDL is In re: Covidien Hernia Mesh Products Liability Litigation No. II, Case No. 1:22-md-03029, in the U.S. District Court for the District of Massachusetts.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- Johnson & Johnson wins talc bellwether trial over ovarian cancer claims
- Surprise bonus payment in $725M Facebook privacy class action settlement goes out
- Microsoft hit with antitrust class action over PC game price-fixing with Steam
- Spectrum class action alleges over 40M customer records exposed in data breach
