A federal jury has ordered Medtronic to pay $88 million in the first case to go to trial over its subsidiary Covidien’s hernia mesh products, according to the verdict form filed Aug. 4 in U.S. District Court for the District of Massachusetts.
The case was brought by an Alabama patient who alleged Covidien’s Symbotex mesh has a defective protective barrier that damaged his bowels and forced him to undergo reconstructive surgery.
The jury found Medtronic and Covidien liable for failure to warn and concealment of risks tied to the Symbotex mesh. It awarded $77 million in damages to the patient and $11 million to his wife for consortium damages.
The verdict represents the first jury decision among more than 10,000 lawsuits Medtronic faces nationwide over hernia mesh repair devices sold by Covidien, according to the Minnesota Star Tribune.
About one-third of those cases center on the mesh’s protective coating, which is designed to keep its polyester core from binding to intestines and causing bowel obstructions.
“This has set the tone for all of the remainder of those resorbable barrier cases,” Timothy O’Brien, the plaintiffs’ attorney, told the Star Tribune. “The impact is huge.”
Minneapolis-based Medtronic told the publication that it stands behind the mesh products, noting their safety record is strong across 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 told the Star Tribune.
Editor’s note: Becker’s has reached out to Medtronic for comment and will update the article if more information becomes available.
At the Becker's 11th Annual IT + Revenue Cycle Conference: The Future of AI & Digital Health, taking place September 14–17 in Chicago, healthcare executives and digital leaders from across the country will come together to explore how AI, interoperability, cybersecurity, and revenue cycle innovation are transforming care delivery, strengthening financial performance, and driving the next era of digital health. Apply for complimentary registration now.
