Overview
People who had hernia repair surgery with certain mesh products and later experienced complications have filed lawsuits in two separate federal coordinated proceedings. These are called multidistrict litigations, or MDLs, which allow similar cases from across the country to be handled together for pretrial purposes.[1]
One MDL involves mesh made by Bard (also known as Davol, a Bard subsidiary). That proceeding is MDL No. 2846, assigned to Judge Edmund A. Sargus, Jr. in the Southern District of Ohio. The other involves mesh made by Covidien. That proceeding is MDL No. 3029, assigned to Judge Patti B. Saris in the District of Massachusetts.[1]
The two MDLs are at different stages. The Bard litigation has moved into settlement administration, while the Covidien litigation has been in the bellwether trial phase, though no trial date is currently confirmed on the record we track.
Bard Hernia Mesh MDL (No. 2846)
Settlement Administration Begins
In September 2025, the court in the Bard MDL appointed Orion Settlement Solutions to administer a qualified settlement fund for claimants. A qualified settlement fund is a legal structure used to hold and distribute settlement money. The appointment of an administrator is a procedural step that indicates a settlement program is being put into place.[1]
It has been reported, but not confirmed from court records, that Bard and its parent company Becton Dickinson reached a global resolution of the Bard hernia mesh cases in October 2024. The terms of any such agreement were not made public in that report.[4] Because this has not been verified from the docket, the exact scope and terms of any settlement remain unclear from the public record.
Even as the settlement fund was being set up in September 2025, new cases were still being filed in the Bard MDL.[1] This means the litigation was not closed, and plaintiffs continued to join the proceeding.
Current Case Count
As of September 1, 2026, the Judicial Panel on Multidistrict Litigation reported 23,316 actions pending in the Bard MDL.[3] It is important to understand that pending case counts are not the same as unpaid settlement claims. Some of those cases may be part of a settlement program, some may be newly filed, and some may be proceeding separately. The record does not break down how many fall into each category.
Covidien Hernia Mesh MDL (No. 3029)
Bellwether Trial Vacated
The Covidien MDL had been scheduled to hold its first federal bellwether trial in February 2026. A bellwether trial is an early test case chosen to help the parties and the court understand how juries may respond to certain evidence and arguments. These trials do not resolve the entire MDL, but they can influence settlement negotiations.[2]
In February 2026, the court vacated that trial. To vacate a trial means to cancel it or take it off the calendar. The order did not set a new trial date.[2] The record we track does not show why the trial was vacated or when another trial may be scheduled.
Current Case Count
As of September 1, 2026, the Judicial Panel on Multidistrict Litigation reported 2,453 actions pending in the Covidien MDL.[3] As with the Bard MDL, this figure represents cases that are part of the coordinated proceeding, but it does not indicate how many are actively moving toward trial, how many are in settlement discussions, or how many are newly filed.
What the Lawsuits Allege
The lawsuits in both MDLs allege that the hernia mesh products were defectively designed or manufactured, and that they caused complications after implantation. Plaintiffs claim they suffered injuries that required additional surgery or ongoing medical treatment. No court has issued a ruling on the merits of these allegations in either MDL. The claims remain allegations, not established facts.
Where Things Stand Today
The Bard MDL is in settlement administration. A fund administrator has been appointed, and the process of evaluating and paying claims appears to be under way. New cases were still being filed as recently as September 2025, so the MDL remains open.[1]
The Covidien MDL is in the bellwether trial phase, but the first scheduled trial was vacated in February 2026.[2] The record we track does not show a new trial date. It has been reported that a trial took place in August 2026 and resulted in an $88 million verdict for the plaintiff, but other reports describe the trial schedule differently, so this is not confirmed from the docket.[3]
As of September 1, 2026, there were 25,769 actions pending across both MDLs: 23,316 in the Bard MDL and 2,453 in the Covidien MDL.[3]
What Is Not Known Yet
The public record does not show the terms of any settlement in the Bard MDL, including how much money is available, how claims are being valued, or how many claimants have been paid. It has been reported that a global resolution was reached in October 2024, but that has not been confirmed from court filings.[4]
The record does not show whether a bellwether trial has taken place in the Covidien MDL. It has been reported that a trial occurred in August 2026 with a large verdict, but the trial schedule has been described inconsistently in different reports, so this is not confirmed.[3]
No trial date is currently set in either MDL according to the record we track. The record also does not show whether settlement negotiations are under way in the Covidien MDL, or whether any Covidien cases have been resolved.
Finally, the record does not explain why the February 2026 Covidien trial was vacated or what the next procedural steps will be in that MDL.
Sources
- MDL No. 2846 (S.D. Ohio) (2025-09-10). Secondary report: millerandzois.com
- MDL No. 3029 (D. Mass.) (2026-02-01). Secondary report: millerandzois.com
- MDL No. 2846 and MDL No. 3029 (2026-09-01). Secondary report: daeryunlaw.com
- MDL No. 2846 (S.D. Ohio) (2024-10-01). Secondary report: devlevin.evokad.com
Litigation facts on this page come from the TortIntel litigation record and the documents linked above. Last checked against that record on 2026-10-24. If you see an error, tell us and we will correct it.