Skip to the article
Device Lawsuit UpdateRulings · counts · dates

Device litigation · Monthly update

Medical device lawsuits: October 2026 update

Case counts, verdicts and trial dates for the major federal device lawsuits, checked against court and SEC records.

Last checked

See counsel side by sideCheck the docket

Where things stand

See the counsel notes

As of October 1, 2026, the six federal device MDLs on this page held 37,077 pending cases, according to the JPML. Bard hernia mesh is the largest at 23,324. Philips CPAP is mostly settled. Bard PowerPort trials are under way after a $40 million plaintiff verdict in September. Two new spinal cord stimulator MDLs opened on October 2, 2026.

  • Bard hernia mesh (MDL 2846) had 23,324 pending cases on October 1, 2026. BD settled most of its hernia claims in October 2024 on confidential terms.
  • A jury awarded $88 million in the first Covidien hernia mesh bellwether on August 4, 2026. Covidien said it will challenge the verdict.
  • Philips CPAP (MDL 3014) is down to 623 pending cases after a $1.075 billion personal-injury settlement that Philips paid in the first half of 2025.
  • A Bard PowerPort jury awarded $40 million on September 4, 2026. The next trial was set to start October 13, 2026; we have not yet confirmed its outcome.
  • The JPML created an Abbott spinal cord stimulator MDL (3194) and a Nevro MDL (3195) on October 2, 2026.

Docket summary

Bard/Davol hernia mesh

MDL number
MDL No. 2846
Venue
U.S. District Court, Southern District of Ohio
Presiding judge
Hon. Edmund A. Sargus Jr.
Open cases
23,324 (counted October 1, 2026)
Next scheduled event
No trial date found in public records
Current posture
Confidential global settlement announced October 2024; BD still defending about 7,090 claims as of June 30, 2026

Where these numbers come from

Covidien hernia mesh

MDL number
MDL No. 3029
Venue
U.S. District Court, District of Massachusetts
Presiding judge
Hon. Patti B. Saris
Open cases
2,479 (counted October 1, 2026)
Next scheduled event
Second bellwether reported for January 11, 2027 (secondary source)
Current posture
$88 million plaintiff verdict in the first bellwether, August 4, 2026; no global settlement reported

Where these numbers come from

Philips CPAP and BiPAP

MDL number
MDL No. 3014
Venue
U.S. District Court, Western District of Pennsylvania
Presiding judge
Hon. Joy Flowers Conti (Senior Judge)
Open cases
623 (counted October 1, 2026)
Next scheduled event
No trial date found in public records
Current posture
Personal-injury, economic-loss and medical monitoring settlements are final; remaining plaintiffs face discovery deadlines

Where these numbers come from

Bard implanted port catheter (PowerPort)

MDL number
MDL No. 3081
Venue
U.S. District Court, District of Arizona
Presiding judge
Hon. David G. Campbell (Senior Judge)
Open cases
4,140 (counted October 1, 2026)
Next scheduled event
Bellwether trials set for October 13, 2026, December 1, 2026 and February 2, 2027
Current posture
Bellwether trials under way; $40 million plaintiff verdict on September 4, 2026

Where these numbers come from

Cook IVC filter

MDL number
MDL No. 2570
Venue
U.S. District Court, Southern District of Indiana
Presiding judge
Hon. Richard L. Young (Senior Judge)
Open cases
6,470 (counted October 1, 2026)
Next scheduled event
No trial date found in public records
Current posture
No global settlement or 2025–2026 trial found

Where these numbers come from

Boston Scientific spinal cord stimulator

MDL number
MDL No. 3181
Venue
U.S. District Court, Central District of California
Presiding judge
Hon. Josephine L. Staton
Open cases
41 (counted October 1, 2026)
Next scheduled event
No bellwether or trial dates set
Current posture
Early stage; leadership appointed August 13, 2026; direct filing allowed

Where these numbers come from

Firms handling these cases

Firms that advertise one or more of the device cases on this page.
Law firmSuited toEstablishedMain officeCourt-appointed postsFee terms
1 Schmidt & Clark, LLPPeople who want one free case review covering any of the six device cases on this page, with intake from every state and a 24/7 phone line2005Washington, DCNo court appointment locatedFree case review, with a phone line open 24/7
2 The Lanier Law FirmBard PowerPort and Bard hernia mesh claims, where its lawyers hold court-appointed co-lead seats1990Houston, TexasCo-lead, Bard port catheter MDL 3081; Co-lead, Bard hernia mesh MDL 2846Contingency, with no upfront costs or fees
3 Levin Papantonio RaffertyBard and Covidien hernia mesh claims; its attorney Tim O'Brien says he is co-lead counsel in both MDLs1955Pensacola, FloridaCo-lead, Bard hernia mesh MDL 2846 (firm-stated); Co-lead, Covidien hernia mesh MDL 3029 (firm-stated); Steering committee, Philips CPAP MDL 3014; Steering committee, Bard IVC filter MDL 2641No fee unless the firm wins
4 Seeger WeissPhilips CPAP questions; co-founder Christopher Seeger is one of four court-appointed co-lead counsel in MDL 30141999Ridgefield Park, New JerseyCo-lead, Philips CPAP MDL 3014Not stated on the page we reviewed
5 Wisner BaumSpinal cord stimulator claims; Behram Parekh is one of three co-lead counsel in the Boston Scientific MDLNot publishedLos Angeles, CaliforniaCo-lead, spinal cord stimulator MDL 3181Contingency ("No Fees Unless We Win")
6 Motley RiceHernia mesh and Cook IVC filter claims, with a $4.8 million Bard hernia patch verdict in Rhode Island2003Mount Pleasant, South CarolinaLead counsel, Atrium C-QUR mesh MDL 2753 (firm-stated); Steering committee, Bard IVC filter MDL 2641Contingency in most cases

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, LLP

Suited to: People who want one free case review covering any of the six device cases on this page, with intake from every state and a 24/7 phone line

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

The Lanier Law Firm

Suited to: Bard PowerPort and Bard hernia mesh claims, where its lawyers hold court-appointed co-lead seats

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

Suited to: Bard and Covidien hernia mesh claims; its attorney Tim O'Brien says he is co-lead counsel in both MDLs

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

Suited to: Philips CPAP questions; co-founder Christopher Seeger is one of four court-appointed co-lead counsel in MDL 3014

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

Suited to: Spinal cord stimulator claims; Behram Parekh is one of three co-lead counsel in the Boston Scientific MDL

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

Suited to: Hernia mesh and Cook IVC filter claims, with a $4.8 million Bard hernia patch verdict in Rhode Island

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.

Citations

  1. JPML: Pending MDL dockets by district (as of October 1, 2026)
  2. Becton, Dickinson and Co.: Form 10-Q, quarter ended June 30, 2026
  3. MedTech Dive: BD settles hernia mesh lawsuits (October 2024)
  4. FindLaw: Bellwether verdict goes against Medtronic in Covidien hernia mesh lawsuit (August 2026)
  5. Drugwatch: Covidien hernia mesh lawsuits (secondary source, as of August 2026)
  6. Koninklijke Philips N.V.: Annual report 2025 (SEC filing)
  7. W.D. Pa.: MDL 3014 order dismissing non-compliant plaintiffs (June 26, 2026)
  8. U.S. District Court for Arizona: Case Management Order No. 42 in MDL 3081, bellwether schedule (December 5, 2025)
  9. HarrisMartin: Plaintiff awarded $40M in bellwether implanted port catheter trial (September 2026)
  10. S.D. Ind.: MDL case information page (checked October 2026)
  11. D. Ariz.: In re Bard IVC Filters Products Liability Litigation (MDL 2641) case page
  12. JPML: MDL 3181 transfer order, Boston Scientific SCS (June 5, 2026)
  13. C.D. Cal.: MDL 3181 Pretrial Order No. 2, leadership (August 13, 2026)
  14. HarrisMartin: Boston Scientific SCS lawsuits may be filed directly into MDL (August 2026)
  15. JPML: MDL 3194 transfer order, Abbott SCS (filed October 2, 2026)
  16. JPML: MDL 3195 transfer order, Nevro SCS (filed October 2, 2026)
  17. Organon & Co.: Form 10-Q, quarter ended June 30, 2026
  18. FDA: Nexplanon prescribing information (revised May 2026)

Reader questions

Which medical device lawsuit has the most pending cases?

Bard hernia mesh MDL 2846 had 23,324 pending cases on October 1, 2026, according to the JPML. Cook IVC filter MDL 2570 was next with 6,470. Bard's port catheter MDL 3081 had 4,140.

Is it too late to join the Philips CPAP lawsuit?

The personal-injury settlement closed registration on January 31, 2025, and Philips paid it in the first half of 2025. People outside the settlement can still have open cases, but they must meet strict court deadlines. Talk to a lawyer about your state's deadline and whether a new claim is still possible. See our Philips CPAP update.

Has Bard settled the PowerPort lawsuits?

No global settlement has been announced in the public records we checked. Bellwether trials continue in Arizona. One jury awarded $40 million on September 4, 2026, and earlier trials went Bard's way in whole or in part. Prior results do not guarantee a similar outcome.

Is there a Nexplanon class action or MDL?

No. No Nexplanon MDL appears on the JPML's active list as of October 1, 2026. Organon's June 2026 quarterly report lists one Nexplanon case in California state court. See our Nexplanon update.