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Hernia mesh lawsuit update: October 2026

Where the Bard and Covidien hernia mesh cases stand, with case counts, verdicts and the next trial date.

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Where things stand

See the counsel notes

As of October 1, 2026, the Bard hernia mesh MDL had 23,324 pending cases and the Covidien MDL had 2,479, according to the JPML. BD settled most Bard claims in October 2024 on confidential terms but still defends about 7,090 claims. A Covidien jury awarded $88 million on August 4, 2026. No Covidien settlement has been reported.

  • Bard/Davol MDL 2846 had 23,324 pending cases on October 1, 2026, out of 25,217 filed.
  • BD announced a confidential settlement on October 2, 2024. The amount has not been made public.
  • BD still defended about 7,090 hernia claims as of June 30, 2026, mostly in Rhode Island state court and the Ohio MDL.
  • Covidien MDL 3029 had 2,479 pending cases. Its first bellwether ended in an $88 million plaintiff verdict on August 4, 2026.
  • A secondary source reports the next Covidien bellwether for January 11, 2027. We have not confirmed it on the docket.

Docket summary

Bard/Davol hernia mesh

Docket number
MDL No. 2846
Venue
U.S. District Court, Southern District of Ohio
Judge assigned
Hon. Edmund A. Sargus Jr.
Pending
23,324 (counted October 1, 2026)
Next scheduled event
No trial date found in public records
Current posture
Confidential global settlement announced October 2, 2024; about 7,090 claims still defended as of June 30, 2026

Data source

Covidien hernia mesh

Docket number
MDL No. 3029
Venue
U.S. District Court, District of Massachusetts
Judge assigned
Hon. Patti B. Saris
Pending
2,479 (counted October 1, 2026)
Next scheduled event
Second bellwether reported for January 11, 2027 (secondary source; not confirmed on the docket)
Current posture
$88 million plaintiff verdict in the first bellwether on August 4, 2026; Covidien said it will challenge it

Data source

Firms handling these cases

Firms that advertise hernia mesh cases.
Firm nameSuited toEstablishedHeadquartersCourt-appointed postsFees
1 Levin Papantonio RaffertyBard and Covidien claims; attorney Tim O'Brien says he is co-lead counsel in both MDLs1955Pensacola, FloridaCo-lead, Bard hernia mesh MDL 2846 (firm-stated); Co-lead, Covidien hernia mesh MDL 3029 (firm-stated); Steering committee, Philips CPAP MDL 3014; Steering committee, Bard IVC filter MDL 2641No fee unless the firm wins
2 The Lanier Law FirmBard hernia mesh claims; co-lead counsel Kelsey Stokes moved her MDL 2846 seat to the firm in February 20261990Houston, TexasCo-lead, Bard port catheter MDL 3081; Co-lead, Bard hernia mesh MDL 2846Contingency, with no upfront costs or fees
3 Schmidt & Clark, LLPHernia mesh claims against any maker, with intake from every state and a 24/7 free case review line2005Washington, DCNo court appointment locatedFree case review, with a phone line open 24/7
4 Motley RiceBard claims in Rhode Island state court, where its lawyer Jonathan Orent is co-lead and co-liaison counsel2003Mount Pleasant, South CarolinaLead counsel, Atrium C-QUR mesh MDL 2753 (firm-stated); Steering committee, Bard IVC filter MDL 2641Contingency in most cases

Where the two MDLs stand

Two federal hernia mesh MDLs are active. The Bard case is large but largely settled. The Covidien case is smaller, still in trials, and has no reported settlement.

Bard/Davol (MDL 2846) Covidien (MDL 3029)
Court S.D. Ohio D. Mass.
Pending cases, Oct. 1, 2026 23,324 2,479
Total cases filed 25,217 2,489
Settlement Confidential, announced Oct. 2, 2024 None reported
Reported verdicts About $250,000 and $500,000 in the MDL; $4.8 million in R.I. state court $88 million (Patterson, Aug. 4, 2026)
Next trial None found Reported for Jan. 11, 2027 (secondary source)

Prior results do not guarantee a similar outcome.

Docket note: Bard, MDL 2846

Becton, Dickinson and Co. (BD) owns Bard and Davol. On October 2, 2024, BD announced a settlement “to resolve the vast majority of its existing hernia litigation.” BD says the terms are confidential and that payments run over several years. BD also says the amount fits within the reserve it had already set aside. It has never published a dollar figure. Blog posts that cite a total are not backed by BD’s filings, so we do not repeat them.

The settlement did not end every claim. BD’s quarterly report for the period ending June 30, 2026 says it still defends about 7,090 hernia product liability claims. That is up from about 6,905 at September 30, 2025. Most of these claims are in a Rhode Island state court proceeding and the Ohio MDL.

The JPML’s count is much higher: 23,324 pending federal cases on October 1, 2026. The two figures measure different things. The JPML counts every case still open on the federal docket. BD counts the claims it says it is still defending, in state and federal court.

BD also reports a total product liability accrual of about $1.6 billion at June 30, 2026. That figure covers all of BD’s product cases, not hernia mesh alone.

Past Bard trial results:

  • April 2022: about $250,000 for the plaintiff in the second MDL bellwether, over a Ventralex patch.
  • Stinson: $500,000 for Aaron Stinson in a PerFix Plug bellwether. Levin Papantonio, one of the trial firms, reported it in November 2023.
  • August 2022: $4.8 million in Trevino v. Davol, a Rhode Island state court case over a Ventralex patch.

Prior results do not guarantee a similar outcome.

Leadership. Kelsey L. Stokes is one of the plaintiffs’ co-lead counsel. A February 23, 2026 court order updated her appointment to show her new firm, The Lanier Law Firm. Tim O’Brien of Levin Papantonio says on his firm bio that he has been co-lead since September 2018.

Docket note: Covidien, MDL 3029

Covidien is part of Medtronic. Judge Patti B. Saris oversees the federal MDL in Massachusetts. It had 2,479 pending cases on October 1, 2026.

Most Covidien claims are not in the MDL. Medtronic’s annual report says that, as of June 10, 2026, about 10,350 plaintiffs had sued it over hernia mesh:

Where the cases are Plaintiffs (about)
Massachusetts state court 7,450
Federal MDL 2,400
Minnesota state court 500
Other courts Fewer than 10

The Patterson verdict. The first Covidien bellwether ended on August 4, 2026. The case involved Symbotex mesh. The jury awarded $88 million in total:

  • $77 million to Larry Patterson
  • $11 million to Tammy Patterson, for loss of consortium

Jurors held Covidien liable on the failure-to-warn claim. It did not find fraud. It awarded no punitive damages. Covidien said it will challenge the verdict, so the amount could change. Prior results do not guarantee a similar outcome.

What comes next. Drugwatch, a secondary source, reports the next Covidien bellwether for January 11, 2027. We have not yet seen that date on the court docket. Drugwatch also reported no global settlement as of August 2026.

Leadership. Levin Papantonio says Tim O’Brien and Kelsey Stokes are co-lead counsel. We could not retrieve the court order, so this comes from the firm’s own pages.

Timeline

Date Event
September 2018 Tim O’Brien appointed co-lead counsel in Bard MDL 2846 (per his firm bio)
April 2022 About $250,000 verdict in the second Bard MDL bellwether
August 2022 $4.8 million Trevino verdict in Rhode Island state court
September 2023 O’Brien appointed co-lead in Covidien MDL 3029 (per his firm bio)
November 2023 Levin Papantonio reports the $500,000 Stinson verdict
October 2, 2024 BD announces a confidential hernia mesh settlement
September 30, 2025 BD reports about 6,905 hernia claims still defended
February 23, 2026 Court order moves co-lead Kelsey Stokes to The Lanier Law Firm
June 10, 2026 Medtronic reports about 10,350 Covidien hernia mesh plaintiffs
June 30, 2026 BD reports about 7,090 hernia claims still defended
August 4, 2026 $88 million Patterson verdict against Covidien
October 1, 2026 JPML counts 23,324 Bard and 2,479 Covidien pending cases
January 11, 2027 Next Covidien bellwether, as reported by a secondary source

Mesh litigation outside the two MDLs

The Ethicon Physiomesh MDL (MDL 2782, N.D. Ga.) had no pending cases on October 1, 2026. It handled 4,054 cases in total. Some firms still advertise cases over other mesh brands, such as Atrium C-QUR.

What this means if you had hernia mesh surgery

Both MDLs still have open cases. If you have a Covidien mesh, no settlement has been announced. If you have a Bard mesh, ask a lawyer whether the 2024 settlement covers claims like yours. Its terms are private, so only the people in it know the details.

Filing deadlines vary by state, and the clock may start on different dates. Ask a lawyer about your state’s filing deadline while there is still time. For other device cases, see our October 2026 update on all device lawsuits.

Firm profiles

Levin Papantonio Rafferty

Suited to: Bard and Covidien claims; attorney Tim O'Brien says he is co-lead counsel in both MDLs

Levin Papantonio Rafferty, founded in 1955, is a mass-tort firm based in Pensacola. Tim O'Brien of the firm serves as co-lead counsel in both federal hernia mesh MDLs, against Bard and against Covidien.

O'Brien's firm bio says he helped secure the $88 million Patterson verdict and served as lead settlement counsel in the 2024 Bard settlement.

Headquarters
Pensacola, Florida
Established
1955
Fees
No fee unless the firm wins
Case types on its website
hernia mesh, and Philips CPAP

Court appointments

  • Per his firm bio, Timothy M. O'Brien has held a co-lead seat in the Bard hernia mesh MDL (MDL 2846) since September 2018. Citation
  • His firm bio also says O'Brien became co-lead counsel in the Covidien hernia mesh MDL (MDL 3029, D. Mass.) in September 2023. Citation
  • A March 2022 order placed Virginia M. Buchanan on the Plaintiffs' Steering Committee in the Philips CPAP MDL (MDL 3014). Citation
  • A February 2019 order placed Matthew Schultz on the Plaintiffs' Steering Committee in the Bard IVC filter MDL (MDL 2641). Citation

Reported outcomes

  • On August 4, 2026, a jury returned an $88 million verdict in Patterson v. Covidien, the first Covidien hernia mesh bellwether. His bio says O'Brien helped secure that verdict. Citation
  • Aaron Stinson won a $500,000 verdict in a Bard PerFix Plug hernia mesh bellwether trial (MDL 2846). Citation

Questions to raise

  • Bard PowerPort, IVC filter, spinal cord stimulator and Nexplanon cases are absent from its list of device cases.

Website: levinlaw.com

The Lanier Law Firm

Suited to: Bard hernia mesh claims; co-lead counsel Kelsey Stokes moved her MDL 2846 seat to the firm in February 2026

Mark Lanier founded The Lanier Law Firm, a Houston trial practice, in 1990. Lawyers at the firm hold co-lead posts in two Bard MDLs: port catheters and hernia mesh.

Headquarters
Houston, Texas
Established
1990
Fees
Contingency, with no upfront costs or fees
Case types on its website
Bard PowerPort, and hernia mesh

Court appointments

  • On September 19, 2023, the court named Rebecca Phillips as one of three plaintiffs' co-lead counsel in the Bard implanted port catheter MDL (MDL 3081, D. Ariz.). Citation
  • Kelsey L. Stokes is one of the plaintiffs' co-lead counsel in the Bard hernia mesh MDL (MDL 2846, S.D. Ohio). She joined the firm, and her appointment was updated by order on February 23, 2026. Citation

Reported outcomes

  • In March 2016, a jury returned a $502 million verdict for five plaintiffs against J&J/DePuy in a case over Pinnacle metal-on-metal hip implants. Citation
  • In December 2016, six plaintiffs won a $1.04 billion verdict in a second Pinnacle hip bellwether, the firm reports. Citation

Questions to raise

  • Appeals courts often cut or send back large verdicts. Ask what became of the firm's past device verdicts.

Website: lanierlawfirm.com

Schmidt & Clark, LLP

Suited to: Hernia mesh claims against any maker, with intake from every state and a 24/7 free case review line

Schmidt & Clark is a plaintiffs' firm that represents injured people nationwide in individual cases. Most of its work is in mass torts: defective products, medical devices, harmful drugs and toxic exposure.

Schmidt & Clark lists hernia mesh among the device cases it takes. It does not hold a leadership seat in either hernia mesh MDL.

Headquarters
Washington, DC
Established
2005
Fees
Free case review, with a phone line open 24/7
Case types on its website
hernia mesh, spinal cord stimulators, Philips CPAP, Bard PowerPort, IVC filters, and Nexplanon

Awards

  • The firm says Best Lawyers included it on the 2026 "Best Law Firms" list. Citation
  • C.L. Mike Schmidt, a partner, is board certified by the Texas Board of Legal Specialization in Civil Trial Law and in Personal Injury Trial Law, and by the National Board of Trial Advocacy in Civil Trial. Citation
  • The firm says Super Lawyers has selected it for 19 straight years. Citation

Questions to raise

  • Its website lists no individual verdict or settlement figures. Ask what results it has had in cases like yours.
  • Ask whether the firm would keep your case or refer it to co-counsel. Referral is common in mass torts.

Website: schmidtandclark.com

Motley Rice

Suited to: Bard claims in Rhode Island state court, where its lawyer Jonathan Orent is co-lead and co-liaison counsel

Motley Rice, founded in 2003, is a plaintiffs' firm in South Carolina. It holds lead roles in hernia mesh litigation and won a Bard hernia mesh trial verdict in Rhode Island.

Orent was trial counsel on the $4.8 million Trevino v. Davol verdict in August 2022.

Headquarters
Mount Pleasant, South Carolina
Established
2003
Fees
Contingency in most cases
Case types on its website
hernia mesh (Bard, Covidien), IVC filters (Cook), and spinal cord stimulators

Court appointments

  • His firm bio lists Jonathan D. Orent as lead counsel in the Atrium C-QUR hernia mesh MDL (MDL 2753). He is also a co-lead in the coordinated Bard hernia mesh cases in Rhode Island state court. Citation
  • A February 2019 order placed Donald A. Migliori on the Plaintiffs' Steering Committee in the Bard IVC filter MDL (MDL 2641). Citation

Reported outcomes

  • Trevino v. Davol, August 2022: a Rhode Island jury awarded $4.8 million in a case over a Bard Ventralex hernia patch. Citation

Questions to raise

  • Philips CPAP, Bard PowerPort and Nexplanon cases are absent from its device page.

Website: motleyrice.com

Each outcome above is drawn from the firm's own published record or from court filings. Prior results do not guarantee a similar outcome.

Citations

  1. JPML: Pending MDL dockets by district (as of October 1, 2026)
  2. Becton, Dickinson and Co.: Form 10-Q, quarter ended June 30, 2026
  3. MedTech Dive: BD settles hernia mesh lawsuits (October 2024)
  4. S.D. Ohio: MDL 2846 Case Management Order No. 3-B (February 23, 2026)
  5. HarrisMartin: Ohio federal jury awards Bard hernia mesh plaintiff $250,000 in bellwether (April 2022)
  6. Levin Papantonio Rafferty (firm page): $500K awarded in Bard PerFix Plug bellwether (November 10, 2023)
  7. CVN: Rhode Island jury reportedly awards $4.8M in bellwether hernia mesh trial (August 2022)
  8. Medtronic plc: Form 10-K, fiscal 2026 (claims as of June 10, 2026)
  9. FindLaw: Bellwether verdict goes against Medtronic in Covidien hernia mesh lawsuit (August 2026)
  10. Drugwatch: Covidien hernia mesh lawsuits (secondary source, as of August 2026)
  11. Levin Papantonio Rafferty (firm page): Timothy M. O'Brien attorney bio
  12. Cornell LII: 28 U.S.C. § 1407, multidistrict litigation

Reader questions

How much is the Bard hernia mesh settlement?

BD has not disclosed the amount. It says the terms are confidential, payments run over several years, and the amount fits within its existing reserve. Figures you may see online are not confirmed by BD's filings.

Is there a hernia mesh class action?

The main federal cases are MDLs, not class actions. In an MDL, each person keeps an individual case, and a settlement or verdict in one case does not decide the others. The Bard and Covidien MDLs each gather cases from across the country before one judge.

Can I still file a hernia mesh lawsuit?

Possibly. Both MDLs still have open cases, and the Covidien MDL has no reported settlement. Filing deadlines depend on your state and when you learned of the injury. A lawyer can confirm the deadline that governs your claim in your state.

When is the next Covidien hernia mesh trial?

Drugwatch, a secondary source, reports the second bellwether for January 11, 2027. The court docket does not yet confirm that date for us. We will update this page when we do.

What did the jury decide in Patterson v. Covidien?

The jury awarded $88 million on August 4, 2026: $77 million to Larry Patterson and $11 million to Tammy Patterson. It found failure to warn but no fraud and no punitive damages. Covidien said it will challenge the verdict. Prior results do not guarantee a similar outcome.