Where each case stands
The table gives the short version. All pending counts come from the JPML’s report dated October 1, 2026.
| Case |
MDL |
Pending cases (Oct. 1, 2026) |
Stage |
| Bard/Davol hernia mesh |
2846 |
23,324 |
Settled in large part; some claims still defended |
| Cook IVC filter |
2570 |
6,470 |
Pending; no recent trial or settlement found |
| Bard PowerPort |
3081 |
4,140 |
Bellwether trials |
| Covidien hernia mesh |
3029 |
2,479 |
Bellwether trials |
| Philips CPAP |
3014 |
623 |
Settled; remaining cases in discovery |
| Boston Scientific SCS |
3181 |
41 |
Early stage |
An MDL is a group of federal cases sent to one judge for pretrial work. Each person keeps an individual case. A “bellwether” is a test trial held early in the case. Its result helps both sides value the rest of the cases.
Developments since the last check
This is our first monthly edition, so we do not have a September count to compare against. Here is what happened in the last few weeks, based on the records listed under Sources.
- October 1, 2026. The JPML published the pending counts used on this page.
- October 2, 2026. The JPML created two new spinal cord stimulator MDLs. Abbott cases went to MDL 3194 in the Northern District of Illinois, before Judge Lindsay C. Jenkins. The order covers 15 actions in 6 districts, plus 11 related actions. Nevro cases went to MDL 3195 in the Northern District of California, before Judge Haywood S. Gilliam Jr. That order covers 17 actions in 6 districts, plus 6 related actions.
- October 13, 2026. The fourth Bard PowerPort bellwether (Lattanzio) was set to begin, with trial dates through October 30. We have not yet confirmed whether it started on time or how it ended. We will report the result next month.
- September 4, 2026. A federal jury in Arizona awarded $40 million in the Divelbliss PowerPort bellwether. Bard said it will pursue post-trial and appeal options.
Prior results do not guarantee a similar outcome.
Hernia mesh: Bard and Covidien
Bard (MDL 2846). BD, Bard’s parent company, announced a settlement on October 2, 2024. BD said the deal resolves “the vast majority” of its existing hernia cases. The terms are confidential. BD says it will pay over several years and that the amount fits within its existing reserve. No public record gives a dollar figure.
The case is not over. BD’s June 30, 2026 quarterly filing says it still defends about 7,090 hernia claims. That is up from about 6,905 at September 30, 2025. Most sit in a Rhode Island state court proceeding and the Ohio MDL. The JPML count (23,324) is higher because it counts every federal case still open on the docket. BD’s figure is the company’s own count of claims it is still defending. The two numbers are measured differently.
Covidien (MDL 3029). The first Covidien bellwether ended on August 4, 2026. A federal jury in Massachusetts awarded $88 million in Patterson v. Covidien, a case over Symbotex mesh. Larry Patterson received $77 million and Tammy Patterson received $11 million for loss of consortium. Jurors held Covidien liable on the failure-to-warn claim. It did not find fraud and did not award punitive damages. Covidien said it will challenge the verdict. Prior results do not guarantee a similar outcome.
Drugwatch, a secondary source, reports that the next Covidien bellwether is set for January 11, 2027. The court docket does not yet confirm that date for us. More detail is on our hernia mesh lawsuit update.
Philips CPAP
Philips recalled CPAP and BiPAP machines, and the federal case that followed has mostly settled. Philips reports three settlements:
- Economic loss. Reached September 7, 2023. Seeger Weiss, a co-lead firm, says final approval came on April 25, 2024. The claims period closed August 9, 2024.
- Personal injury. $1.075 billion. It became final at the January 31, 2025 registration deadline, after more than 95% of eligible claimants registered. Philips paid it in the first half of 2025.
- Medical monitoring. Capped at $25 million. Final in January 2025.
People who opted out or did not qualify must meet court-ordered discovery deadlines. On June 26, 2026, Judge Conti dismissed the claims of plaintiffs who missed those deadlines, with prejudice. That means they cannot refile. Settlement figures are totals for all claimants. Prior results do not guarantee a similar outcome. See our Philips CPAP lawsuit update for what this means if you never filed.
Bard PowerPort
Bard’s implanted port catheter MDL had 4,140 pending cases on October 1, 2026. BD’s own count was about 3,850 claims as of June 30, 2026, mostly in the Arizona MDL.
The trial record is mixed so far:
| Trial |
Dates |
Result |
| Cook |
April 21 – May 8, 2026 |
Defense verdict on two claims; mistrial on two claims (per BD’s 10-Q) |
| Infection bellwether (name not confirmed) |
2026 |
Bard won; plaintiff is seeking a retrial (per Drugwatch, a secondary source) |
| Divelbliss |
Aug. 18 – Sept. 4, 2026 |
$40 million for the plaintiff on design defect and failure to warn |
| Lattanzio |
Set for Oct. 13 – 30, 2026 |
Outcome not yet confirmed |
| Hicks |
Set for Dec. 1 – 18, 2026 |
Not yet tried |
| Sorensen |
Set for Feb. 2 – 19, 2027 |
Not yet tried |
Prior results do not guarantee a similar outcome. Our Bard PowerPort lawsuit update covers the verdicts and the court-appointed lawyers.
IVC filters: Cook and Bard
Cook (MDL 2570). Cook’s IVC filter MDL had 6,470 pending cases on October 1, 2026. It has seen 11,478 cases in total. We found no global settlement and no 2025 or 2026 trial date. The court’s MDL page lists no orders newer than April 5, 2022.
Bard (MDL 2641). Bard’s IVC filter MDL closed to new cases on May 31, 2019, after more than 8,000 filings. The court then sent cases back to their home courts. The MDL no longer appears on the JPML’s active list. BD says it still defends IVC filter claims in various courts but gives no count.
Spinal cord stimulators: three MDLs now
The JPML first refused to create one MDL for all stimulator makers. On June 5, 2026, it centralized only the Boston Scientific cases, in MDL 3181. Plaintiffs claim Boston Scientific won FDA approval using studies of other makers’ devices, then used the supplement process to add changed devices. These are allegations. No court has ruled on them.
MDL 3181 had 41 pending cases on October 1, 2026. The judge appointed plaintiffs’ leadership on August 13, 2026. HarrisMartin reports that an August 18 order lets new cases be filed directly in the MDL. No trial dates exist yet.
On October 2, 2026, the JPML added the Abbott MDL (3194) and the Nevro MDL (3195). Six related actions named Medtronic as of June 2026. No Medtronic stimulator MDL exists.
Nexplanon: no MDL
Nexplanon is a birth control implant made by Organon. There is no federal Nexplanon MDL as of October 1, 2026. Organon’s June 30, 2026 quarterly report lists one Nexplanon case in California state court. On March 12, 2026, Organon signed a settlement with 56 plaintiffs and claimants over Implanon, another Organon implant. Organon called the payment confidential and “non-material.”
In January 2026, the FDA label changed. Nexplanon is now approved for up to 5 years. It carries a boxed warning about complications from improper insertion and removal. It is available only through a restricted program called the NEXPLANON REMS. Read our Nexplanon lawsuit update for details.
How we chose the firms below
Each firm below advertises at least one device case on this page. Five hold court-appointed roles in a device MDL. Schmidt & Clark holds none on record but takes all six device cases on this page. We used court orders and the firms’ own pages. Ask any firm who would handle your case day to day.
Firm profiles
Schmidt & Clark is a plaintiffs' firm that represents injured people nationwide in individual cases. Most of its work is in mass torts: defective products, medical devices, harmful drugs and toxic exposure.
Schmidt & Clark lists hernia mesh, spinal cord stimulators, Philips CPAP, Bard PowerPort, IVC filters and Nexplanon among the device cases it takes. It holds no court-appointed device MDL seat and does not publish verdict or settlement amounts.
- Main office
- Washington, DC
- Established
- 2005
- Fee terms
- Free case review, with a phone line open 24/7
- Case types on its website
- hernia mesh, spinal cord stimulators, Philips CPAP, Bard PowerPort, IVC filters, Nexplanon
Honors
- The firm says Best Lawyers included it on the 2026 "Best Law Firms" list. Citation
- C.L. Mike Schmidt, a partner, is board certified by the Texas Board of Legal Specialization in Civil Trial Law and in Personal Injury Trial Law, and by the National Board of Trial Advocacy in Civil Trial. Citation
- The firm says Super Lawyers has selected it for 19 straight years. Citation
Questions to raise
- Its website lists no individual verdict or settlement figures. Ask what results it has had in cases like yours.
- Ask whether the firm would keep your case or refer it to co-counsel. Referral is common in mass torts.
Firm website: schmidtandclark.com
Mark Lanier founded The Lanier Law Firm, a Houston trial practice, in 1990. Lawyers at the firm hold co-lead posts in two Bard MDLs: port catheters and hernia mesh.
Rebecca Phillips is one of three co-lead counsel in MDL 3081, and Kelsey Stokes moved her MDL 2846 co-lead seat to the firm in February 2026.
- Main office
- Houston, Texas
- Established
- 1990
- Fee terms
- Contingency, with no upfront costs or fees
- Case types on its website
- Bard PowerPort, hernia mesh
Court appointments
- On September 19, 2023, the court named Rebecca Phillips as one of three plaintiffs' co-lead counsel in the Bard implanted port catheter MDL (MDL 3081, D. Ariz.). Citation
- Kelsey L. Stokes is one of the plaintiffs' co-lead counsel in the Bard hernia mesh MDL (MDL 2846, S.D. Ohio). She joined the firm, and her appointment was updated by order on February 23, 2026. Citation
Reported outcomes
- In March 2016, a jury returned a $502 million verdict for five plaintiffs against J&J/DePuy in a case over Pinnacle metal-on-metal hip implants. Citation
- In December 2016, six plaintiffs won a $1.04 billion verdict in a second Pinnacle hip bellwether, the firm reports. Citation
Questions to raise
- Appeals courts often cut or send back large verdicts. Ask what became of the firm's past device verdicts.
Firm website: lanierlawfirm.com
Levin Papantonio Rafferty, founded in 1955, is a mass-tort firm based in Pensacola. Tim O'Brien of the firm serves as co-lead counsel in both federal hernia mesh MDLs, against Bard and against Covidien.
O'Brien's firm bio says he helped secure the $88 million Patterson verdict against Covidien in August 2026.
- Main office
- Pensacola, Florida
- Established
- 1955
- Fee terms
- No fee unless the firm wins
- Case types on its website
- hernia mesh, Philips CPAP
Court appointments
- Per his firm bio, Timothy M. O'Brien has held a co-lead seat in the Bard hernia mesh MDL (MDL 2846) since September 2018. Citation
- His firm bio also says O'Brien became co-lead counsel in the Covidien hernia mesh MDL (MDL 3029, D. Mass.) in September 2023. Citation
- A March 2022 order placed Virginia M. Buchanan on the Plaintiffs' Steering Committee in the Philips CPAP MDL (MDL 3014). Citation
- A February 2019 order placed Matthew Schultz on the Plaintiffs' Steering Committee in the Bard IVC filter MDL (MDL 2641). Citation
Reported outcomes
- On August 4, 2026, a jury returned an $88 million verdict in Patterson v. Covidien, the first Covidien hernia mesh bellwether. His bio says O'Brien helped secure that verdict. Citation
- Aaron Stinson won a $500,000 verdict in a Bard PerFix Plug hernia mesh bellwether trial (MDL 2846). Citation
Questions to raise
- Bard PowerPort, IVC filter, spinal cord stimulator and Nexplanon cases are absent from its list of device cases.
Firm website: levinlaw.com
Seeger Weiss, founded in 1999, handles mass-tort and class-action cases from New Jersey. The court appointed co-founder Christopher Seeger as a co-lead counsel in the Philips CPAP MDL.
The firm also advertises Bard PowerPort cases.
- Main office
- Ridgefield Park, New Jersey
- Established
- 1999
- Fee terms
- Not stated on the page we reviewed
- Case types on its website
- Philips CPAP, Bard PowerPort, Atrium C-QUR hernia mesh
Court appointments
- A March 24, 2022 order made Christopher A. Seeger one of four plaintiffs' co-lead counsel in the Philips CPAP MDL (MDL 3014, W.D. Pa.). Citation
Reported outcomes
- 2024: a $1.075 billion personal-injury settlement and a separate $25 million medical monitoring settlement with Philips over CPAP devices. Citation
- The Philips CPAP economic-loss class settlement won final approval on April 25, 2024. The firm puts its value above $500 million. Citation
Questions to raise
- Settlement amounts cover every claimant combined. They do not show what any single person received.
Firm website: seegerweiss.com
Wisner Baum is a Los Angeles trial firm that went by Baum Hedlund Aristei & Goldman until January 2023. It tried the first Roundup cancer cases and is now a co-lead in the federal Boston Scientific spinal cord stimulator litigation.
The firm also advertises Philips CPAP, IVC filter and port catheter cases.
- Main office
- Los Angeles, California
- Fee terms
- Contingency ("No Fees Unless We Win")
- Case types on its website
- spinal cord stimulators (Abbott, Boston Scientific, Medtronic, Nevro), Philips CPAP, IVC filters, port catheters incl. Bard PowerPort
Court appointments
- On August 13, 2026, Behram V. Parekh was named one of three co-lead counsel in the Boston Scientific spinal cord stimulator MDL (MDL 3181, C.D. Cal.). Citation
Questions to raise
- Most of the results the firm publishes come from non-device cases. Ask how many device cases its lawyers have taken to trial.
Firm website: wisnerbaum.com
Motley Rice, founded in 2003, is a plaintiffs' firm in South Carolina. It holds lead roles in hernia mesh litigation and won a Bard hernia mesh trial verdict in Rhode Island.
- Main office
- Mount Pleasant, South Carolina
- Established
- 2003
- Fee terms
- Contingency in most cases
- Case types on its website
- hernia mesh (Bard, Covidien), IVC filters (Cook), spinal cord stimulators
Court appointments
- His firm bio lists Jonathan D. Orent as lead counsel in the Atrium C-QUR hernia mesh MDL (MDL 2753). He is also a co-lead in the coordinated Bard hernia mesh cases in Rhode Island state court. Citation
- A February 2019 order placed Donald A. Migliori on the Plaintiffs' Steering Committee in the Bard IVC filter MDL (MDL 2641). Citation
Reported outcomes
- Trevino v. Davol, August 2022: a Rhode Island jury awarded $4.8 million in a case over a Bard Ventralex hernia patch. Citation
Questions to raise
- Philips CPAP, Bard PowerPort and Nexplanon cases are absent from its device page.
Firm website: motleyrice.com
Each outcome above is drawn from the firm's own published record or from court filings. Prior results do not guarantee a similar outcome.