519 672 2121
519 672 2121
Toggle mobile menu
Book a Consultation
Close mobile menu

Siskinds LLP has launched class action lawsuits against several hernia mesh manufacturers, including Atrium, Bard, Covidien and Johnson & Johnson and their affiliates, on behalf of Canadians who suffered serious injuries and complications arising from the use of their products.

The class actions allege that the manufacturers failed to adequately warn patients and healthcare professionals that the use of certain hernia mesh products increase the risk of serious injuries and complications.

Siskinds’ Quebec-based affiliate, Siskinds Desmeules, also filed similar actions on behalf of Quebec residents against Johnson & Johnson and Covidien. 

Suffering from a hernia mesh implant?

Email us today

Hernia Mesh Lawsuits - Class Action Background Information

A hernia is a condition in which an organ pushes through an opening in the muscle or tissue that normally holds it in place. To repair a hernia, mesh can be placed either under or over the defect and sutured in place. Mesh is intended to act as “scaffolding” for new growth of a patient’s own tissue, which eventually incorporates the mesh into the surrounding area. Unfortunately, certain hernia mesh products have led to serious injuries and complications for many Canadians.

It is alleged that the hernia mesh products included in these class actions have high failure and complication rates, which result in serious and irreversible injuries. These injuries include: hernia recurrence, pain, mesh erosion and migration, scarring and adhesions, and systemic infection which may require additional surgeries, a decrease in quality of life, and ongoing discomfort and pain.

Siskinds commenced these hernia mesh class actions in response to the injuries and complications suffered by Canadians.

Products included in Siskinds’ Hernia Mesh Class Actions

Siskinds is currently representing individuals implanted with the following hernia mesh products and who suffered related injuries:

  • PerFix Plug - Bard Davol

  • 3DMax Mesh - Bard Davol

  • Sepramesh IP - Bard Davol

  • Ventralight ST - Bard Davol

  • Ventralex ST - Bard Davol

  • Ventrio ST- Bard Davol

  • Composix - Bard Davol

  • Ventrio Hernia Patch - Bard Davol

  • C-QUR Mesh - Atrium Medical

  • Parietex Mesh - Medtronic

  • ProGrip Self-Gripping Mesh - Medtronic

Siskinds is also investigating claims arising from other hernia mesh products. If you have a hernia mesh and have suffered from complications contact Siskinds LLP.

Symptoms of hernia mesh complications

According to various research studies, certain hernia mesh products may cause serious side effects and injuries. Complications resulting from hernia mesh often require further surgeries, which can lead to additional pain and suffering.

Hernia mesh complications include:

  • hernia recurrence;

  • abdominal pain;

  • bulging;

  • chronic pain;

  • mesh migration;

  • scarring and adhesions;

  • organ injury or perforation;

  • internal bleeding;

  • infection and abscess formation;

  • intestinal blockage; and

  • fistula formation.

Join the action today

Fill out the form below to join the action and receive updates on this case. Our lawyers will be in touch.

Need more information?

Contact Siskinds LLP to learn which hernia mesh product you have and determine if you are part of one of our class actions. Please email [email protected] or call us toll-free at 1.800.461.6166.

Developments

Johnson & Johnson (Ethicon)

The physiomesh class actions filed against Johnson & Johnson (Ethicon) have been discontinued.

The discontinuance of the proposed physiomesh national class proceedings took effect on April 12, 2024. As a result of the discontinuance, the limitation period for bringing any legal claim related to the issues raised in the proposed class actions, if it has not already expired, started running again on April 12, 2024.

Although Ethicon denies liability, they agreed to attempt to settle certain claims on an individual basis of which it was notice by March 26, 2024. For more information, you can read the notice of discontinuance [English] [French].

Proposed physiomesh class actions had been filed in the Ontario Superior Court of Justice and in the Superior Court of Quebec on February 16, 2017. You can view a copy of the Ontario claim by clicking here. You can view a copy of the second Quebec application by clicking here (French only).

A copy of the judgement of the Ontario Superior Court of Justice authorizing the discontinuance of the proposed Ontario class proceeding is available here. A copy of the judgement of the Superior Court of Quebec authorizing the discontinuance of the proposed Quebec class proceeding is available here (French only).

Atrium

The statement of claim was filed in the Ontario Superior Court of Justice on July 7, 2017. You can view a copy of the amended claim by clicking here. It was filed on behalf of all Canadian residents, including those in Quebec.

The class action against Atrium is in its early stages. The next step in the action will be the motion for certification. At the hearing of the motion for certification, the court will have to determine whether this action can go forward as a class action.

Bard

The statements of claim were filed in the Ontario Superior Court of Justice on May 17 and June 15, 2017. You can view a copy of the claims by clicking here [Bard Composix] [Bard Shaped] [Bard Sepramesh]. These claims were filed on behalf of all Canadian residents, including those in Quebec.

The class actions against Bard are in their early stages. The next step in the actions will be the motions for certification. At the hearing of the motions for certification, the court will have to determine whether these actions can go forward as class actions.

Sepramesh Class Action

On June 15, 2017, a proposed class action was commenced in Ontario against Davol Inc., C.R. Bard Inc., Bard Canada Inc., Genzyme Corporation, and Sanofi S.A., with respect to Sepramesh products, a form of surgical mesh product that was used in hernia repairs.

On November 4, 2022, the Ontario Superior Court of Justice approved a discontinuance of the action against Sanofi S.A., on a without costs and without prejudice basis. The discontinuance relates only to Sanofi S.A. The action will continue against the other defendants.

For more information regarding this proposed class action, please contact Siskinds LLP at [email protected] or 1.800.461.6166.

Covidien (Medtronic)

The statement of claim was filed in the Ontario Superior Court of Justice on June 28, 2017. You can view a copy of the amended claim by clicking here. It was filed on behalf of all Canadian residents.

A request for authorization was also filed before the Superior Court of Quebec on June 29, 2017. This request was filed on behalf of all residents of Quebec. You can view a copy of the application by clicking here [English] [French].

On May 29, 2018, the Superior Court of Quebec ordered the stay of the Quebec class action to give precedence to the action filed in Ontario. You can view a copy of the judgment rendered by clicking here (French only).

FAQs

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Hernia Mesh class actions?

You are affected by the class action and are a “class member” if you are implanted with one of the following products:

  • PHYSIOMESH
  • PerFix Plug
  • 3DMax Mesh
  • Sepramesh IP
  • Ventralight ST
  • Ventralex ST
  • C-QUR Mesh
  • Parietex Mesh
  • ProGrip Self-Griping Mesh

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person implanted with hernia mesh)

What should I do to protect my rights?

To protect your rights, you should:

  • Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
  • Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  • If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms.

If you have not done so already, contact Siskinds in order that we can contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

  • Any expenses reasonably incurred for the benefit of the class member.
  • Travel expenses incurred in visiting the class member during his or her treatment or recovery.
  • Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).
  • If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below or call 1.800.461.6166.

Documents

Atrium

Bard

Covidien (Medtronic)

Ontario

Quebec

Johnson & Johnson (Ethicon)

Ontario

Quebec

Johnson & Johnson (Ethicon)

The physiomesh class actions filed against Johnson & Johnson (Ethicon) have been discontinued.

The discontinuance of the proposed physiomesh national class proceedings took effect on April 12, 2024. As a result of the discontinuance, the limitation period for bringing any legal claim related to the issues raised in the proposed class actions, if it has not already expired, started running again on April 12, 2024.

Although Ethicon denies liability, they agreed to attempt to settle certain claims on an individual basis of which it was notice by March 26, 2024. For more information, you can read the notice of discontinuance [English] [French].

Proposed physiomesh class actions had been filed in the Ontario Superior Court of Justice and in the Superior Court of Quebec on February 16, 2017. You can view a copy of the Ontario claim by clicking here. You can view a copy of the second Quebec application by clicking here (French only).

A copy of the judgement of the Ontario Superior Court of Justice authorizing the discontinuance of the proposed Ontario class proceeding is available here. A copy of the judgement of the Superior Court of Quebec authorizing the discontinuance of the proposed Quebec class proceeding is available here (French only).

Atrium

The statement of claim was filed in the Ontario Superior Court of Justice on July 7, 2017. You can view a copy of the amended claim by clicking here. It was filed on behalf of all Canadian residents, including those in Quebec.

The class action against Atrium is in its early stages. The next step in the action will be the motion for certification. At the hearing of the motion for certification, the court will have to determine whether this action can go forward as a class action.

Bard

The statements of claim were filed in the Ontario Superior Court of Justice on May 17 and June 15, 2017. You can view a copy of the claims by clicking here [Bard Composix] [Bard Shaped] [Bard Sepramesh]. These claims were filed on behalf of all Canadian residents, including those in Quebec.

The class actions against Bard are in their early stages. The next step in the actions will be the motions for certification. At the hearing of the motions for certification, the court will have to determine whether these actions can go forward as class actions.

Sepramesh Class Action

On June 15, 2017, a proposed class action was commenced in Ontario against Davol Inc., C.R. Bard Inc., Bard Canada Inc., Genzyme Corporation, and Sanofi S.A., with respect to Sepramesh products, a form of surgical mesh product that was used in hernia repairs.

On November 4, 2022, the Ontario Superior Court of Justice approved a discontinuance of the action against Sanofi S.A., on a without costs and without prejudice basis. The discontinuance relates only to Sanofi S.A. The action will continue against the other defendants.

For more information regarding this proposed class action, please contact Siskinds LLP at [email protected] or 1.800.461.6166.

Covidien (Medtronic)

The statement of claim was filed in the Ontario Superior Court of Justice on June 28, 2017. You can view a copy of the amended claim by clicking here. It was filed on behalf of all Canadian residents.

A request for authorization was also filed before the Superior Court of Quebec on June 29, 2017. This request was filed on behalf of all residents of Quebec. You can view a copy of the application by clicking here [English] [French].

On May 29, 2018, the Superior Court of Quebec ordered the stay of the Quebec class action to give precedence to the action filed in Ontario. You can view a copy of the judgment rendered by clicking here (French only).

What is a class action?

A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.

What does “certification” mean?

Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).

Do I have to pay anything to participate in the class action?

Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.

Who is affected by the Hernia Mesh class actions?

You are affected by the class action and are a “class member” if you are implanted with one of the following products:

  • PHYSIOMESH
  • PerFix Plug
  • 3DMax Mesh
  • Sepramesh IP
  • Ventralight ST
  • Ventralex ST
  • C-QUR Mesh
  • Parietex Mesh
  • ProGrip Self-Griping Mesh

You might also be affected by the class action if you are a family member of the “class member” (i.e., you are the parent, sibling, etc. of the person implanted with hernia mesh)

What should I do to protect my rights?

To protect your rights, you should:

  • Keep a record of medical expenses incurred—appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.
  • Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.).
  • If possible, keep a journal of symptoms and note down any times when you are unable to attend work or school as a result of your symptoms.

If you have not done so already, contact Siskinds in order that we can contact your health care providers to obtain relevant medical and pharmacy records. As time passes, it can be more difficult to collect this information. All personal information provided to Siskinds regarding any injuries/symptoms you may have suffered will be kept private and confidential.

If you are a family member of the “class member”, you should keep a record of:

  • Any expenses reasonably incurred for the benefit of the class member.
  • Travel expenses incurred in visiting the class member during his or her treatment or recovery.
  • Any services provided for the class member as a result of the injury (i.e., nursing, housekeeping).
  • If the class member is deceased, any funeral expenses reasonably incurred.

I still have a question. Who should I contact?

If you have any other questions, please complete the contact form below or call 1.800.461.6166.

Atrium

Bard

Covidien (Medtronic)

Ontario

Quebec

Johnson & Johnson (Ethicon)

Ontario

Quebec

Contact Us

Join to stay informed about the progress of this class action.

Your information will be maintained and used in accordance with our privacy notice. Completing this form does not create a lawyer-client relationship with Siskinds LLP or Siskinds Desmeules s.e.n.c.r.l. or any of their personnel, nor does it impose any obligations related to the class action or otherwise.

There Was An Error