A global settlement has been reached to resolve Atrium hernia mesh lawsuits.
What is the atrium hernia mesh lawsuit about?
Approximately 3,000 cases are pending in MDL 2753. The cases concern injuries caused by several models of the C-Qur hernia mesh implants manufactured by Atrium Medical Corp., Maquet Cardiovascular US Sales, LLC and Getinge AB (collectively “Atrium”). Plaintiffs allege that the C-Qur mesh implants cause injuries such as pain, infection, adhesions, migration, organ damage and the need for additional surgeries.
How are cases valued in the settlement?
A Special Master has been appointed by the Court to determine the value of each case. Medical records of each plaintiff have been submitted to the Special Master for review. The Special Master has developed a point system and matrix to value each plaintiff’s claims. The value will be based on the type of product implanted, injuries and medical treatment. The date the lawsuit was filed may also impact the value of each case.
Highest values will be placed on cases where plaintiffs have undergone more than one revision surgery, or revision surgeries resulting in bowel injuries, infections, or other significant harm. Lowest valued cases will be those with no treatment, surgeries to repair a recurrence hernia and surgeries where the C-Qur mesh was not revised.
How do I participate in settlement for my hernia mesh lawsuit?
Plaintiffs with atrium hernia mesh cases will receive a letter outlining the settlement process. Those plaintiffs must choose to participate in the settlement program and Special Master’s allocation process. After a plaintiff decides to participate, then the Special Master will make a determination of the value of the claim.
What if I choose not to participate in the settlement?
If you choose not to participate, your case will remain in litigation. However, Judge McCafferty has stayed all proceedings while the settlement is underway. That means that there is no timeline for moving forward.
Another important fact is that the settlement will only proceed if 95% of plaintiffs with cases pending in the MDL decide to participate. If less than 95% opt in, then defendants can decide to terminate the agreement.
