Covidien hernia mesh lawsuit overview:
- Who: A Massachusetts federal jury awarded $88 million to a man who alleged a Covidien LP hernia mesh injured him.
- Why: The jury found Covidien failed to warn doctors about the risks associated with its Symbotex hernia mesh.
- Where: The lawsuit is part of multidistrict litigation (MDL) in Massachusetts federal court.
A Massachusetts federal jury awarded $88 million to a man who alleged he suffered serious injuries after receiving a Covidien Symbotex hernia mesh implant, marking the first bellwether trial verdict in the ongoing hernia mesh multidistrict litigation against the Medtronic subsidiary.
According to Law360, the jury found Covidien liable for failing to warn physicians about the risks associated with the Symbotex mesh after a multiweek trial before U.S. District Judge Patti B. Saris.
The case is one of more than 2,400 lawsuits pending in the MDL alleging several Covidien hernia mesh products caused injuries.
Plaintiff Larry Patterson alleged he developed a bowel obstruction in 2020 after undergoing hernia repair surgery in 2017 with Covidien’s Symbotex mesh.
The jury awarded Patterson $77 million in compensatory damages and awarded his wife, Tammy Patterson, $11 million for loss of consortium, for a total verdict of $88 million. However, the jury rejected claims that Covidien committed fraud and did not award punitive damages.
During the trial, Patterson argued that a collagen barrier designed to protect internal organs from the mesh dissolved much sooner than Covidien represented.
Lawsuit claims doctors were not warned about collagen barrier’s shorter lifespan
According to the lawsuit, doctors were led to believe the collagen barrier could remain effective for up to one month, when it allegedly largely dissolved within about one week. Patterson claimed physicians were not adequately warned of that timeframe before implanting the device.
Covidien denied the allegations, arguing clinical studies demonstrate the safety and effectiveness of Symbotex mesh. The company also argued Patterson’s hernia recurrence and subsequent complications were caused by other medical conditions that placed him at high risk for recurrence.
Following the verdict, Medtronic said it intends to challenge what it called the “excessive damage award” through post-trial motions and, if necessary, an appeal. The company said it remains confident in Covidien’s hernia mesh products, noting they have been used in millions of patients over the past two decades.
In June, Judge Saris denied most of Covidien’s summary judgment motion, finding Patterson presented sufficient evidence that the company may have knowingly failed to warn physicians about how quickly the collagen barrier degraded.
The evidence included internal studies and testimony from company scientists, according to the ruling cited by Law360.
The multidistrict litigation involves several polyester-based Covidien hernia mesh products, including Parietex, ProGrip and Symbotex, which plaintiffs allege caused complications after implantation.
Have you or a loved one experienced complications following a Covidien hernia mesh implant? Let us know in the comments.
The plaintiffs are represented by Timothy M. O’Brien of Levin Papantonio Proctor Buchanan O’Brien Barr & Mougey P.A. and Kelsey L. Stokes of Stokes & Hobbs LP.
The Covidien hernia mesh lawsuit is Patterson, et al. v. Covidien Inc., et al., Case No. 1:22-cv-10153. The multidistrict litigation 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.
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