With post-trial motions and appeals still available and extremely likely to be exercised, Alabama’s Larry and Tammy Patterson probably should wait a little while before throwing a big party with the sizeable award they received in their product liability and failure-to-warn lawsuit against Covidien LP and Sofradim Production SAS, both units of Medtronic. For the roughly 10,350 others with pending litigation against the medical firm over alleged hernia mesh failures, it absolutely sounds like a good reason to celebrate.
A jury awarded the plaintiffs $88 million in Patterson v. Covidien on August 4, 2026, in the U.S. District Court for the District of Massachusetts. The multidistrict filing (MDL 3029) is the first bellwether/test case to go to trial in the Covidien MDL. Other companies, such as Johnson & Johnson and Becton Dickinson, have largely settled their hernia mesh claims. While about 7,450 cases against Covidien and its subsidiaries are waiting in Massachusetts state court, approximately 2,400 more have been centralized by the Judicial Panel on Multidistrict Litigation (JPML) and are currently being overseen by Judge Patti B. Saris in Boston.
While reaching settlements with other outstanding plaintiffs remains an option, Covidien doesn’t appear quite ready to give up the case against Patterson just yet. Noting that the jury did not find Covidien liable for fraud and awarded no punitive damages, its attorneys cited the millions of successful operations using their products. They also announced the firm’s intent to exhaust all legal avenues against the decision.
Why the Collagen Barrier Mattered
There are several types of hernias, with inguinal and ventral among the more common. Most involve an organ, intestine, or fatty tissue protruding through a weak spot in surrounding muscle or tissue. Most aren’t serious, but can worsen over time and lead to chronic pain, obstructions, and tissue death.
In general, surgery to fix most hernias is relatively minor. Whether manually or through laparoscopy, a surgeon will attempt to push the herniated tissue back to where it belongs and seal the breach with polyester mesh treated with a collagen film to prevent adhesions to the mesh as the body regrows over the patch. This is to prevent a recurrence of the hernia and avoid another hernia repair surgery.
According to the lawsuit, Patterson’s 2017 hernia revision surgery used Covidien’s Symbotex mesh during the repair. Symbotex used a porcine collagen barrier on the mesh instead of one using a bovine adhesion agent, which the complaint alleged Covidien knew wouldn’t provide the same level of protection. Patterson developed a bowel obstruction and required additional surgery in 2020 to remove the mesh and perform a bowel resection. His suit accused Covidien of failing to inform doctors that the porcine-coated mesh was at risk of exposure before it could be absorbed.
Another Fine Mesh
During the three weeks of the trial, Covidien argued that Patterson’s ailments weren’t the result of their mesh, noting he’d suffered a hernia recurrence and that his obesity was a contributing factor. The jury disagreed, finding substance in Patterson’s claim that Covidien was responsible for failing to warn of potential complications with its Symbotex porcine-collagen barrier, which led to additional surgery and suffering. It awarded Patterson $77 million for his injuries and damages, while his wife received $11 million for loss of consortium.
While $88 million might persuade Covidien to consider settlement, the company so far seems resolute in its stance that Symbotex and its other surgical meshes are safe and effective. If so, it’ll have plenty of opportunities to make its case in court.
