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Defective Medical Device Claims in Austin, TX

Medical devices are held to the same product liability standards as any other consumer product: they must be reasonably safe for their intended use, and their manufacturers must provide adequate warnings about known risks. When they fail — when surgical mesh erodes through tissue, when an IVC filter fractures in the bloodstream, when a CPAP machine releases cancer-causing chemicals — the companies responsible must be held accountable.

Austin’s rapidly growing population and expanding healthcare infrastructure — including Ascension Seton, St. David’s, and the UT Dell Medical School complex — have made the city an increasingly active surgical market. Austin-area patients who received defective hernia mesh implants, IVC filters, or recalled Philips CPAP devices, or who experienced metal-on-metal hip implant failures, may have legal claims that they have not yet pursued.

Edward O. Moody, P.A. evaluates defective medical device claims for patients in Austin and across Texas. We apply the same product liability framework developed over 40 years of asbestos, pharmaceutical, and toxic exposure litigation to defective medical device cases — the legal theories are the same, the corporate conduct is often similar, and our commitment to results for injured patients is identical.

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

The key to hernia mesh claim timing is the discovery rule — which starts the statute of limitations clock when you discovered (or should have discovered) that your mesh was the cause of your injuries, not when the surgery was performed. For many patients, the connection isn’t made until a second or third procedure. As of April 2026, 26,000+ cases are active in hernia mesh MDLs. Please contact us for a free evaluation of your specific timeline.

Laryngeal (throat) cancer is among the injury types being evaluated in the Philips CPAP cancer claims within MDL 3014. The DreamStation is a recalled model. Your use timeline (2018–2021) falls within the affected period. Philips’s $1.1B settlement covered economic losses from the recall; cancer injury claims represent a separate and ongoing track of litigation. Please contact us immediately — the statute of limitations in Texas for personal injury claims is two years from discovery.

If you received a Cook retrievable IVC filter and it was never removed, you may want to have imaging done to assess its current condition — both for your health and because fracture, migration, or perforation may be developing asymptomatically. Many patients with Cook IVC filters have been harmed without realizing it until a routine imaging study revealed the problem. Please contact us for a free evaluation and discuss imaging options with your doctor.

Austin 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.