Becton Dickinson Settles 38,000 Hernia Mesh Lawsuits

Becton Dickinson (BD), a leading global medical technology company, has announced a settlement agreement resolving a vast majority of the U.S. lawsuits alleging injuries caused by the company's hernia mesh products. This extensive settlement encompasses approximately 38,000 cases and signals a potential end to litigation that has spanned almost two decades.

The settlement, announced on October 3rd, 2024, involves cases consolidated in both federal court in Columbus, Ohio, and state court in Providence, Rhode Island. While the specific financial terms of the settlement remain undisclosed, BD stated that the amount represents a "large majority" of what it had previously allocated for product liability litigation, which, according to its last quarterly report, was $1.7 billion.

Lawsuits Allege Defective Hernia Mesh Caused Serious Complications

The lawsuits against BD centered on allegations that the polypropylene mesh used in the company's hernia repair products had the potential to degrade within the body, leading to a range of complications. Plaintiffs alleged that these complications included infections, chronic pain, adhesions, bowel obstructions, and organ damage. They claimed that BD failed to adequately warn patients and healthcare providers about these potential risks associated with the mesh.

The first lawsuits concerning BD's hernia mesh products were filed in 2006 in Rhode Island, where Davol, the original manufacturer of the mesh, was headquartered. BD acquired Davol's parent company, C.R. Bard, in 2017, assuming responsibility for the ongoing litigation.

Settlement to Resolve Thousands of Hernia Mesh Lawsuits

The settlement process will be overseen jointly by the federal court in Ohio and the state court in Rhode Island, with special masters appointed by both courts working in collaboration to administer claims. This coordinated approach aims to ensure a consistent and efficient process for all plaintiffs, regardless of where their case is pending.

While the precise settlement terms are confidential, BD has indicated that the payouts will occur over several years, with the first payments expected before the end of 2024. Plaintiffs will have the option to opt out of the settlement; however, plaintiffs' lawyers anticipate a high participation rate.

BD has stated that it does not admit wrongdoing as part of the settlement and will continue to defend itself against any cases by plaintiffs who choose not to participate in the agreement.

Plaintiffs' Lawyers Express Support for Settlement Agreement

Lead lawyers for the plaintiffs in both the federal and state court cases have expressed positive views on the settlement. Tim O'Brien of Levin Papantonio and Kelsey Stokes of Fleming Nolen & Jez, representing the federal court plaintiffs, stated that they are "pleased that the global resolution and resulting process will afford so many individuals a measure of justice."

Don Migliori of Motley Rice, a lead attorney for the plaintiffs in Rhode Island, highlighted the unique nature of the coordinated settlement process, stating that the degree of cooperation between the federal and state courts and attorneys in this litigation is unprecedented.

Hernia Mesh Litigation Continues Against Other Manufacturers

Prior to the settlement, four cases involving BD's hernia mesh products had proceeded to trial. Three of these trials resulted in verdicts for the plaintiffs, with awards ranging from $255,000 to $4.8 million. BD was successful in one trial in federal court.

While this settlement resolves a significant portion of the hernia mesh litigation, lawsuits are still pending against another manufacturer, C.R. Bard, over similar allegations regarding their hernia mesh products. There are currently over 24,000 active cases in this litigation. Although no official announcement has been made, there are rumors circulating of a potential global settlement in the Bard hernia mesh litigation as well.

If you or a loved one experienced complications from hernia mesh, you may be eligible for compensation from a hernia mesh lawsuit.

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