Products Liability Law Daily Wrap Up, JURY VERDICTS—MEDICAL DEVICES—D. Mass.: Covidien hit with $88 million verdict in hernia mesh case, (Aug 6, 2026)

By Susan Engstrom

The medical device manufacturer failed to warn about a danger related to its Symbotex mesh, the jury found.

A federal jury in Massachusetts has returned an $88 million verdict against Covidien, finding that the company negligently warned, or failed to warn, a patient about a danger related to its Symbotex mesh, causing him injury. The jury also found that Covidien made a false statement and concealed an important fact about the mesh. The award includes $77 million to the patient in compensatory damages, and $11 million to his wife for loss of consortium. The jury declined to award punitive damages (Patterson v. Covidien LP, No. 22-cv-10153-PBS (Aug. 4, 2026)).

Background. The patient was implanted with Covidien’s Symbotex Composite Mesh in 2017 to repair a hernia. According to his complaint, the product adhered to his bowel and eventually caused a bowel obstruction, necessitating another operation in 2020. He alleged that because of the device’s defects, including premature resorption of the collagen coating meant to protect against adhesions, he suffered severe and permanent injuries and pain.

The patient asserted that Covidien never informed him or his physicians of the mesh’s defective and dangerous nature, and that the manufacturer represented that the device was safe and effective despite knowing of the product’s high rates of failure and complications. He sought punitive damages, maintaining that Covidien’s conduct showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which raises the presumption of conscious indifference to consequences.”

The patient and his wife also asserted claims for defective design, failure to warn, and manufacturing defect under both negligence and strict liability theories; negligent misrepresentation; fraud and fraudulent misrepresentation; fraudulent concealment; and loss of consortium, among other claims.

Jury verdict. The jury found in favor of the patient on his negligent warning claim. It also found that Covidien “by mistake and innocently” made a false statement about the mesh and concealed an important fact about the device, causing the patient harm. According to the jury, the patient failed to prove that the manufacturer intentionally or recklessly made a false statement. He also failed to prove that punitive damages were warranted. The jury awarded the patient and his wife a total of $88 million in compensatory and loss-of-consortium damages.

The case is No. 22-cv-10153-PBS.

Judge: Saris, P.

Attorneys: Walter Kelley (Bernheim Kelley, LLC) for Larry Patterson. Mary Novacheck (Nelson Mullins Riley & Scarborough LLP) for Covidien Inc.

Companies: Covidien Inc.

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