Hernia Mesh — The Most Active Defective Device Litigation in 2026
As of April 2026, 26,000+ hernia mesh lawsuits are pending in four active federal MDLs. Key developments:
The Bard hernia mesh MDL has a court-supervised settlement fund established — Bard cases are in late stages with ongoing distributions
The Covidien hernia mesh MDL has approximately 2,000 cases pending with bellwether trials scheduled for Fall 2026
Cases are still actively being filed as patients who had surgery years ago are now being diagnosed with mesh-related injuries
Qualifying criteria for hernia mesh claims: – Hernia mesh surgery between June 2008 and the present – Experienced one or more of these complications: mesh migration, chronic pain, nerve damage, infection, adhesions, fistula, hernia recurrence, bowel obstruction, or revision surgery required
Timing: The discovery rule means the statute of limitations typically runs from when you discovered (or should have discovered) that your mesh was causing your injury — not from the date of surgery. Many patients qualify even years after their procedure.
Philips CPAP Recall — Cancer and Serious Injury Claims
In June 2021, Philips Respironics issued a massive Class I recall (the FDA’s most serious category) affecting millions of CPAP, BiPAP, and ventilator devices. The PE-PUR sound abatement foam inside these devices can degrade over time, releasing toxic particles and cancer-causing chemicals directly into the airflow users breathe during sleep. Philips’s own internal documents show the company received foam-related complaints as early as 2008.
In April 2024, Philips agreed to a $1.1 billion settlement to resolve economic loss claims from the recall. However, individual cancer injury claims are still being evaluated in MDL 3014 in the Western District of Pennsylvania — and as of May 2026, no court-approved cancer injury settlement has been announced.
The recalled devices affect models manufactured before April 26, 2021, including DreamStation, DreamStation 2 (certain models), SystemOne, REMstar, and other Philips CPAP, BiPAP, and ventilator lines.
Qualifying injuries: Cancer (lung, throat, nasal, tracheal), respiratory disease, inflammatory disease, and other serious conditions connected to use of a recalled Philips device during the affected period.
IVC Filters — Cook Medical MDL Still Active
Inferior vena cava (IVC) filters are small devices implanted in the IVC vein to prevent blood clots from reaching the lungs. Retrievable IVC filters — particularly those manufactured by Cook Medical — have been the subject of significant litigation after documented failure rates involving filter fracture, migration, perforation of the vein wall, and embolization of fractured components.
As of May 2026, 6,562 cases remain pending in MDL 2570 (Cook Medical IVC filters) before Senior Judge Richard Young in the Southern District of Indiana. Settlement discussions are actively underway.
Qualifying criteria: – Implanted with a Cook Medical retrievable IVC filter – Experienced one or more of: filter fracture, migration, perforation, embedment, or embolization of fragments – Typically implanted in 2003 or later
Additional manufacturers: Individual lawsuits against IVC filter manufacturers including C.R. Bard (MDL closed), ALN, Argon, Boston Scientific, Cordis, and Rex Medical are also in progress through individual case channels.
Hip Replacement and Joint Implant Failures
Metal-on-metal hip replacements and other defective orthopedic implants have been the subject of significant litigation over the past decade. While many large MDLs (DePuy ASR, Stryker Rejuvenate/ABG II) have largely resolved through settlement, individual cases involving implant failure are still being accepted by plaintiff’s firms, particularly for:
Elevated metal ion levels (cobalt/chromium) in the bloodstream from metal-on-metal implants
Implant revision surgery required due to device failure, loosening, or metallosis (tissue damage from metal ions)
Adverse local tissue reaction (ALTR) — soft tissue and bone damage from metal debris
If you received a hip replacement with a metal-on-metal design and have experienced elevated metal levels, revision surgery, or ongoing pain, please contact us for a free evaluation to determine whether your specific device and situation supports a viable claim.
FAQ
San Antonio patients injured by defective hernia mesh, a recalled Philips CPAP device, a Cook IVC filter, or a defective hip implant may be entitled to significant compensation. Contact Edward O. Moody, P.A. for a free confidential case evaluation. Call 501-376-0000. No fee unless we win.

