Can you sue a medical device company?
Yes, in many cases. A medical device maker can be held responsible when its product injures a patient. Metal hip implants, hernia mesh, implanted ports, CPAP machines and spinal cord stimulators have all led to lawsuits.
The injured patient is the main person who can sue. Family members may have claims too. In the first Covidien hernia mesh trial, the jury awarded $77 million to Larry Patterson. It also awarded $11 million to his wife, Tammy, for loss of consortium. Loss of consortium is the harm a spouse suffers when a partner is hurt. If a loved one died, ask a lawyer whether your state allows a wrongful death claim.
Three questions shape almost every device case:
- What went wrong? You need an injury that doctors can link to the device.
- How did the FDA review the device? This affects which claims are allowed.
- When did you learn of the injury? Deadlines are short and differ by state.
The main types of claims
A device lawsuit usually includes several legal claims. Each claim is a separate theory of why the maker should pay. A jury can accept some claims and reject others.
| Claim |
What it means in plain English |
Recent example |
| Design defect |
The device was built as intended, but the design itself was unsafe. |
In the Bard port catheter trial that ended Sept. 4, 2026, the jury found negligent design defect. |
| Failure to warn |
The maker did not give doctors or patients enough warning about a risk. |
The $88 million Patterson v. Covidien verdict rested on failure to warn. |
| Manufacturing defect |
Your device came out of the factory different from the design, and that flaw hurt you. |
The same port catheter jury rejected this claim. |
| Fraud or concealment |
The maker hid or misstated what it knew. |
Juries rejected fraud in both the Patterson and port catheter trials. |
These two trials show how claims split. In the port case, the jury awarded $40 million in compensatory damages but no punitive damages. In Patterson, the jury also awarded no punitive damages. Compensatory damages pay for your losses. Punitive damages punish the company. Both defendants said they would challenge the verdicts.
How FDA clearance vs approval affects your case
The FDA reviews devices in two main ways. The path your device took can decide which claims survive.
|
Premarket approval (PMA) |
510(k) clearance |
| Which devices |
Class III devices that support or sustain life or carry a potential unreasonable risk |
Devices shown to be “substantially equivalent” to one already on the market |
| FDA’s word |
“Approved” |
“Cleared” |
| How strict |
The most stringent device application, with a scientific review of safety and effectiveness |
A comparison to an existing “predicate” device |
| Effect on lawsuits |
Strong preemption defense since Riegel v. Medtronic (2008) |
Fewer preemption limits |
In Riegel v. Medtronic, decided Feb. 20, 2008, the Supreme Court ruled on PMA devices. It held that federal law bars state claims that challenge the safety or effectiveness of a PMA device. The Court did not decide “parallel” claims. Those are claims that the maker broke the FDA’s own rules.
This is why spinal cord stimulator cases look different. In the Boston Scientific MDL, plaintiffs say the company won PMA using studies of other makers’ devices. They also say it misused the PMA supplement process to add changed devices. Read more on our deadlines and FDA rules page.
Which device MDLs are active now
Most device injury cases in federal court sit in a multidistrict litigation, or MDL. An MDL groups similar cases before one judge for pretrial work. Each person keeps an individual case. Counts below come from the federal Judicial Panel on Multidistrict Litigation (JPML) as of Oct. 1, 2026.
| Device |
MDL and court |
Pending cases (Oct. 1, 2026) |
Where it stands |
| Bard/Davol hernia mesh |
MDL 2846, S.D. Ohio |
23,324 |
BD settled “the vast majority” of its hernia cases in October 2024 on confidential terms. It still reported about 7,090 claims at June 30, 2026. |
| Covidien hernia mesh |
MDL 3029, D. Mass. |
2,479 |
First bellwether verdict: $88 million for the plaintiffs, Aug. 4, 2026. |
| Philips CPAP/BiPAP |
MDL 3014, W.D. Pa. |
623 |
A $1.075 billion personal-injury settlement became final in January 2025. |
| Bard PowerPort and port catheters |
MDL 3081, D. Ariz. |
4,140 |
Bellwether trials run through February 2027. One ended in a $40 million verdict. |
| Cook IVC filters |
MDL 2570, S.D. Ind. |
6,470 |
We found no 2025 or 2026 global settlement or trial date. |
| Boston Scientific spinal cord stimulators |
MDL 3181, C.D. Cal. |
41 |
Created June 2026. No trial dates yet. |
Two more spinal cord stimulator MDLs were created on Oct. 2, 2026: Abbott (MDL 3194, N.D. Ill.) and Nevro (MDL 3195, N.D. Cal.). The separate Bard IVC filter MDL closed to new cases on May 31, 2019, after more than 8,000 cases were filed.
Nexplanon, a birth control implant, has no MDL. In March 2026, its maker, Organon, signed a settlement with 56 plaintiffs and claimants for a confidential amount. The FDA label now carries a boxed warning about complications from improper insertion and removal.
To see whether your device and injury match one of these cases, read Do I qualify?.
MDL, class action or individual case?
Most device injury cases are not class actions. In a class action, a few people sue for a whole group, and the result binds everyone who did not opt out. In an MDL, every plaintiff keeps their own claim and outcome. The Philips CPAP litigation used both. Our MDL vs class action page compares them.
What settlements and verdicts look like
Device cases end in one of three ways. Some settle in a large program, some go to trial, and some are dismissed.
- Global settlements. Philips agreed to pay $1.075 billion to resolve personal-injury claims. That total covers every claimant in the program, not one person.
- Bellwether verdicts. These are early test trials. Recent hernia mesh bellwethers returned $250,000 (April 2022), $4.8 million (August 2022) and $88 million (August 2026).
- Defense wins. The first Bard port catheter trial ended in a defense verdict on two claims and a mistrial on two others.
Large verdicts can shrink on appeal. Prior results do not guarantee a similar outcome. Our settlements page explains how payouts are split and how fees affect what you keep.
What to do first
Act early. These steps help any lawyer review your case faster.
- Get medical care and follow your doctor’s advice. Your health comes first. Do not remove or adjust a device on your own.
- Identify the device. Find the maker, model and lot number. Your operative report or implant card usually lists them.
- Keep the device if it is removed. Ask the hospital in writing to preserve it. A removed device can be key evidence.
- Gather records. Collect surgery reports, imaging, prescriptions and bills. Write down when symptoms began.
- Check recall and settlement notices. Some settlement windows have closed. The Philips personal-injury registration deadline was Jan. 31, 2025.
- Ask a lawyer which filing deadline applies in your state. Personal-injury deadlines run 2 years in California and Texas, 3 years in New York and 1 year in Tennessee.
Reading the firm shortlist
The firms below take medical device injury cases. This is a shortlist, not a ranking. Four of the firms have lawyers in court-appointed leadership roles in the device MDLs above. Schmidt & Clark has no MDL role on record. It takes all six device cases covered on this site and runs a 24/7 free case review line.
Each entry shows the firm’s headquarters, fee terms, court roles and published results, with sources. When you call any firm, ask three questions:
- Will your firm handle my case, or refer it to another firm?
- What are your fee and cost terms, in writing?
- Have you handled cases about my exact device?
Firm notes
Mark Lanier started The Lanier Law Firm in Houston in 1990, and it is a trial firm. Lawyers there sit as co-leads in two Bard MDLs: the port catheter case and the hernia mesh case.
Rebecca Phillips co-leads the Bard port catheter MDL, where a jury returned a $40 million plaintiff verdict on September 4, 2026.
- Home office
- Houston, Texas
- Year started
- 1990
- How it charges
- Contingency fee, with no upfront costs or fees
- Device cases it promotes
- Bard PowerPort, hernia mesh
Roles judges gave its lawyers
- On September 19, 2023, the court named Rebecca Phillips as one of three co-lead counsel for plaintiffs in the Bard implanted port catheter MDL (MDL 3081, D. Ariz.). Where this comes from
- Kelsey L. Stokes serves as co-lead counsel for plaintiffs in the Bard hernia mesh MDL (MDL 2846, S.D. Ohio). She joined the firm, and the court updated her appointment in an order dated February 23, 2026. Where this comes from
Outcomes it has published
- In March 2016, a jury awarded $502 million to five plaintiffs in a case against J&J/DePuy about Pinnacle metal-on-metal hip implants. Where this comes from
- In December 2016, six plaintiffs won a $1.04 billion verdict in a second Pinnacle hip bellwether trial, the firm says. Where this comes from
Things to ask about
- Big jury awards can be cut down or sent back for a new trial on appeal. Ask what finally happened in the firm's past device verdicts.
Firm website: lanierlawfirm.com
Schmidt & Clark is a plaintiffs' law firm. It takes individual injury cases from people all over the United States, and most of its work is mass torts: defective products, medical devices, dangerous drugs and toxic exposure.
Schmidt & Clark takes hernia mesh, spinal cord stimulator, Philips CPAP, Bard PowerPort, IVC filter and Nexplanon cases. It has no court-appointed device MDL role on record and does not publish verdict amounts, so ask about results in cases like yours.
- Home office
- Washington, DC
- Year started
- 2005
- How it charges
- Case review at no cost; phone line open 24/7
- Device cases it promotes
- hernia mesh, spinal cord stimulators, Philips CPAP, Bard PowerPort, IVC filters, Nexplanon
Honors
- The firm says Best Lawyers put it on the 2026 "Best Law Firms" list. Where this comes from
- The Texas Board of Legal Specialization has certified partner C.L. Mike Schmidt in Civil Trial Law and in Personal Injury Trial Law. He also holds a Civil Trial certification from the National Board of Trial Advocacy. Where this comes from
- The firm says Super Lawyers has selected it for 19 straight years. Where this comes from
Things to ask about
- Its website does not list individual verdict or settlement amounts. Ask how cases like yours have turned out.
- In mass torts, firms often refer cases to co-counsel. Ask if the firm would keep your case or pass it to another firm.
Firm website: schmidtandclark.com
Levin Papantonio Rafferty is a mass-tort firm in Pensacola that opened in 1955. One of its lawyers, Tim O'Brien, serves as co-lead counsel in the two federal hernia mesh MDLs, against Bard and against Covidien.
Tim O'Brien's firm bio says he helped secure the $88 million Patterson v. Covidien bellwether verdict in August 2026.
- Home office
- Pensacola, Florida
- Year started
- 1955
- How it charges
- No fee unless the firm wins the case
- Device cases it promotes
- hernia mesh, Philips CPAP
Roles judges gave its lawyers
- Timothy M. O'Brien was named co-lead counsel in the Bard hernia mesh MDL (MDL 2846) in September 2018, according to his firm bio. Where this comes from
- His firm bio also says O'Brien became co-lead counsel in the Covidien hernia mesh MDL (MDL 3029, D. Mass.) in September 2023. Where this comes from
- Virginia M. Buchanan joined the Plaintiffs' Steering Committee in the Philips CPAP MDL (MDL 3014) under a March 2022 order. Where this comes from
- A February 2019 order put Matthew Schultz on the Plaintiffs' Steering Committee for the Bard IVC filter MDL (MDL 2641). Where this comes from
Outcomes it has published
- On August 4, 2026, the plaintiffs won $88 million in Patterson v. Covidien, the first bellwether trial over Covidien hernia mesh. O'Brien's bio credits him with helping to win it. Where this comes from
- Aaron Stinson won $500,000 from a jury in a bellwether trial over the Bard PerFix Plug hernia mesh (MDL 2846). Where this comes from
Things to ask about
- Bard PowerPort, IVC filter, spinal cord stimulator and Nexplanon cases are missing from the devices its website lists.
Firm website: levinlaw.com
Seeger Weiss opened in New Jersey in 1999 and handles mass torts and class actions. Christopher Seeger, one of its founders, was appointed by the court as a co-lead counsel in the Philips CPAP MDL.
The Philips CPAP MDL produced both an economic-loss class settlement and a $1.075 billion personal-injury settlement.
- Home office
- Ridgefield Park, New Jersey
- Year started
- 1999
- How it charges
- Not listed on the page we checked
- Device cases it promotes
- Philips CPAP, Bard PowerPort, Atrium C-QUR hernia mesh
Roles judges gave its lawyers
- A March 24, 2022 order made Christopher A. Seeger one of four co-lead counsel for plaintiffs in the Philips CPAP MDL (MDL 3014, W.D. Pa.). Where this comes from
Outcomes it has published
- In 2024, Philips agreed to a $1.075 billion settlement of personal-injury claims over its CPAP machines, along with a separate $25 million settlement for medical monitoring. Where this comes from
- A class settlement for economic losses tied to Philips CPAP machines won final approval on April 25, 2024. The firm puts its value at more than $500 million. Where this comes from
Things to ask about
- These settlement amounts cover everyone with a claim. No single person receives the full figure.
Firm website: seegerweiss.com
Wisner Baum is a trial firm in Los Angeles. Until January 2023 it went by Baum Hedlund Aristei & Goldman. It took the first Roundup cancer cases to trial, and today it is one of the co-leads in the federal Boston Scientific spinal cord stimulator litigation.
Behram V. Parekh was named one of three co-lead counsel in the Boston Scientific spinal cord stimulator MDL on August 13, 2026.
- Home office
- Los Angeles, California
- How it charges
- Contingency fee: "No Fees Unless We Win"
- Device cases it promotes
- spinal cord stimulators (Abbott, Boston Scientific, Medtronic, Nevro), Philips CPAP, IVC filters, port catheters incl. Bard PowerPort
Roles judges gave its lawyers
- On August 13, 2026, the court named Behram V. Parekh one of three co-lead counsel in the Boston Scientific spinal cord stimulator MDL (MDL 3181, C.D. Cal.). Where this comes from
Things to ask about
- Most of the results the firm publishes come from cases that are not about devices. Ask how much trial work it has done on device cases.
Firm website: wisnerbaum.com
Each outcome shown here comes from the firm's own published results or from court records. Prior results do not guarantee a similar outcome.