BD settles majority of 38,000 lawsuits over dangerous surgical mesh
Medical device manufacturer Becton Dickinson & Co (BD) has settled a multi-state set of litigations over its hernia mesh, which was linked to severe medical complications in patients. As part of the agreement, the company does not admit wrongdoing.
In a Wednesday announcement, BD said the settlement resolves the “vast majority” of litigation against it over the mesh, including federal multidistrict lawsuits in Ohio and a series of consolidated cases in Rhode Island.
The number of legal complaints totaled around 38,000, most of which are now resolved.
The exact terms of the settlement have yet to be disclosed; however, the company said it will be making payouts over several years. A previous 2022 settlement to an injured patient reached $4.8 million.
FDA warned patients of health risks
As used in hernia procedures, surgical mesh is designed to help patients heal and avoid future such injuries. Several manufacturers of the devices have faced lawsuits and backlash over the safety of the meshes.
In 2019, the U.S. Food and Drug Administration (FDA) ordered a halt on the sale of meshes from Boston Scientific and Coloplast. In those cases, mesh devices used for repair of transvaginal pelvic organ prolapse were linked to efficacy and safety concerns.
The FDA followed in 2023 with a consumer alert about the safety of surgical mesh products, alerting patients and providers to the risks.
Legal cases against BD’s hernia mesh products date back several years, with the latest complaint linked to patients who received surgeries in March 2023.
“BD is confident in both the design of its products and fulfilling its obligation to provide information about both the risks and the benefits of its products, enabling physicians, in consultation with their patients, to determine whether those benefits outweigh the potential risks in a particular instance,” the company said in a statement.
The company said this new settlement will not significantly impact its financial security and “will not result in an incremental charge to the company's consolidated income statement.”
BD said it will continue to “vigorously defend itself” in any remaining cases.
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