Larry Patterson and his wife, Tammy Patterson, filed a lawsuit in 2022 alleging that Medtronic failed to provide a warning related to the potential dangers that come with the hernia mesh implant Larry Patterson received in 2017. The Pattersons’ complaint stated that Larry required significant reconstructive surgery.
According to the complaint, Patterson “suffered permanent injuries and significant pain and suffering and emotional distress.” It also alleged loss of wages and earnings capacity alongside diminished quality of life as a result of the implant.
The jury ruled that the medtech giant failed to give the adequate warning alleged by the couple and sided with the Pattersons in their claim that the lack of a warning caused significant harm. However, the jury sided with Medtronic and Covidien in denying claims that the company intentionally or recklessly made false statements about the mesh.
In its verdict, the jury said Larry Patterson proved that Covidien mistakenly made false or misleading statements about Symbotex. Patterson successfully proved that the company concealed an important fact about the mesh and that caused him harm.
The jury awarded $77 million to Larry Patterson, with Tammy proving loss of consortium, leading to an award of $11 million, according to court documents.
According to Reuters, this marks the first “bellwether” case to go to trial out of thousands against Medtronic. Similar claims against hernia mesh have been largely settled by other medtech giants, including BD and Johnson & Johnson.
More about the claims against Medtronic and Covidien
Reuters reports that about 10,350 plaintiffs in the U.S. seek cases against Medtronic. They allege harm related to multiple hernia implants, such as Parietex, ProGrip and Symbotex, the report says.
The report states that Larry Patterson’s specific case led to a bowel obstruction that required another operation in 2020. In court, the Pattersons argued that porcine collagen used in the mesh’s coating was known to last a shorter amount of time than bovine collagen, but Medtronic failed to warn surgeons of the risk.
Additionally, Reuters said Medtronic’s lawyers argued that the implant worked as designed and the mesh did not cause the bowel obstruction. They reportedly pointed to hernia recurrence and factors like obesity and diabetes as reasons for the post-procedure issues.
Statement from Medtronic
A Medtronic spokesperson shared the following statement with MassDevice via email:
“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. We remain confident in Covidien’s hernia mesh products, as over the past two decades these products have been used safely and effectively in millions of patients, and hernia mesh has long been the standard of care for repair of all but the smallest hernia defects.
