Where Can A Hernia Mesh Lawsuit Be Filed?
A hernia mesh lawsuit could, theoretically, be filed in state court in the state of your residence or in the state where the hernia mesh manufacturer has its headquarters. Particular types of hernia mesh lawsuits must be filed in certain places depending on applicable laws and depending on whether your lawyer opts to file the case in the Federal or State Court system. The hernia mesh lawsuit could also be filed in the applicable federal district court where you reside or where the mesh manufacturer has its principal place of business. For example, Ethicon a major mesh manufacturer, is a subsidiary of Johnson & Johnson and is a New Jersey Corporation. Any hernia mesh lawsuit against Ethicon could be filed in New Jersey (State or Federal Court). Covidien mesh, for example, is manufactured by Medtronic (formerly known as Covidien and Tyco) and can be filed in Massachusetts. If there is a Multidistrict litigation (MDL) for that particular type of mesh and the lawsuit is filed in Federal Court then the lawsuit must be filed directly into the MDL in the Federal Court system.
Federal Court Hernia Mesh Lawsuits Against Bard / Davol
These lawsuits must be filed by a hernia mesh lawyer in the consolidated MDL in Federal Court in the Southern District of Ohio. A Multidistrict litigation is not a hernia mesh class action. Learn more about Hernia mesh Multi District Litigation.
State Court Lawsuits Against Bard / Davol Inc
A State Court lawsuit against Bard / Davol can be pursued in the state where the victim resides or where the manufacturer has its principal place of business. It is possible that the claim could be pursued in a prior residence of the victim, if the surgery occurred at that locale. It is generally too expensive to litigate a Bard lawsuit in a random state Court. The hernia mesh manufacturer will crush the victim and their lawyer by making it cost prohibitive to file any individual lawsuit in State Court.
However, a victim who prefers not to litigate their hernia mesh lawsuit in Federal Court can choose to file in a consolidated lawsuit in State Court in the State of Rhode Island. This is a peculiar situation, since Bard’s subsidiary, Davol Inc., is located in Rhode Island and the Justice handling the Rhode Island case has ruled that Rhode Island law will apply to all hernia mesh cases filed in the State of Rhode Island. Residents of all states as well as Canadians may file Bard hernia mesh lawsuits in RI Courts. Rhode Island State Courts offer numerous advantages for litigants since Rhode Island does not enforce state law Statutes of Repose and RI has a liberal extended hernia mesh statute of limitations. There has been no global hernia mesh settlement in Rhode Island. However, more than 5,000 Bard lawsuits have settled in RI.
Federal Hernia Mesh Lawsuit Against Covidien
A Covidien lawsuit can be filed in Federal court in any Federal court which has jurisdiction including Massachusetts where Covidien is located. However, there is no Federal Court MDL at this time. It may be too cost prohibitive to file a Covidien lawsuit in Federal court individually. As of March 2020, Covidien is actively attempting to establish an MDL for Covidien hernia mesh lawsuits. Please note that Covidien’s prior attempt to establish an MDL was denied by a panel of Federal Court Judges.
State Court Hernia Mesh Lawsuit Against Covidien
A state Court lawsuit can be pursued in the state where the victim resides. It is possible that the claim could be pursued in a prior residence of the victim, if the surgery occurred at that locale. It is generally too expensive to litigate a Covidien mesh lawsuit in a random state Court. The hernia mesh manufacturer with billions in assets and hundreds of lawyers at their beck and call, will crush the victim and their designated hernia mesh attorney, making it cost prohibitive to file an individual lawsuit in State Court against Covidien.
However, there is a consolidated state court proceeding in Massachusetts state Court where victims across the country can file their Covidien hernia mesh lawsuit.
State Court Lawsuits Against Atrium
A State Court Atrium hernia mesh lawsuit can be pursued in the state where the victim resides or where the manufacturer has its principal place of business. It is possible that the claim could be pursued in a prior residence of the victim, if the surgery occurred at that locale. It is generally too expensive to litigate an Atrium lawsuit in State Court. The hernia mesh manufacturer will crush the victim and their lawyer in making it cost prohibitive to file an individual lawsuit in State Court.
Federal Court MDL For Atrium Hernia Mesh Lawsuits
All federal Court atrium lawsuits have been consolidated in New Hampshire Federal Courts. There is a global settlement of these cases in the works.
State Court Lawsuits Against Ethicon Related To Physiomesh
It is possible to bring a state Court hernia mesh lawsuit for Physiomesh. but it is probably cost prohibitive.
Federal Court MDL For Atrium Hernia Mesh Lawsuit
All federal Court atrium lawsuits have been consolidated in an MDL in Federal Court in Georgia. Hernia mesh attorneys have reached a global settlement for these lawsuits.