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, 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
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 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, 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.