Jury rules Medtronic owes $88 million in first case about hernia treatment products
Published in Business News
A jury has returned an $88 million verdict against Medtronic in a bellwether case over injuries allegedly caused by the company’s Covidien hernia repair mesh products.
The lawsuit, filed as part of multidistrict litigation in a Massachusetts federal court, was considered a bellwether case for similar litigation Medtronic faces over the hernia repair meshes.
The lawsuit was filed by an Alabama patient who claimed meshes sold by Medtronic and subsidiary Covidien have a defective protective barrier that damaged patients’ bowels. They said Medtronic knew about these defects and marketed the product as safe.
The jury found Medtronic and Covidien liable on counts of failure to warn and concealment of the risks associated with its Symbotex hernia mesh. It awarded $77 million in damages to the patient and $11 million to his wife in consortium damages.
“I think this verdict reflects the amount of damages and how it just completely upended the couple’s lives,” said Timothy O’Brien, the plaintiffs’ attorney.
The verdict could have profound implications for any potential settlement talks in more than 10,000 related cases nationwide about the company’s hernia meshes, including 500 in Minnesota state courts.
About a third of all those cases revolve around the meshes’ protective coating, which prevents their polyester interior from touching the intestines, binding to them, and risking bowel obstruction.
“This has set the tone for all of the remainder of those resorbable barrier cases,” O’Brien said. “The impact is huge.”
A Medtronic spokesman said in a statement Tuesday the company continues to stand behind the hernia mesh products, saying the products have been used safely and effectively in millions of patients.
“We strongly disagree with the jury’s verdict and will challenge this verdict and the excessive damage award through post-trial motions and an appeal if needed,” the company statement said.
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