By Mike Scarcella
WASHINGTON, Dec 22 (Reuters) - Becton Dickinson BDX.N has been sued by a rival medical device manufacturer for allegedly thwarting competition in the U.S. market for surgical hernia mesh and causing patients and care providers to pay higher prices.
The lawsuit by Tela Bio Inc TELA.O, filed on Friday in the federal court in Philadelphia, claims Becton Dickinson leveraged its dominance in two key product categories — permanent hernia mesh and resorbable hernia mesh — to exclude Tela Bio’s OviTex product.
Hernia repairs are among the most widely performed operations nationwide, amounting to $12 billion annually, according to the lawsuit.
Hernia mesh is used in more than 1.5 million surgeries annually to reinforce weakened tissue. Permanent mesh, made from synthetic materials, is used in most procedures, while surgeons often use resorbable mesh for more complex repairs. Tela Bio competes with Becton Dickinson in the market for resorbable mesh.
Pennsylvania-based Tela Bio alleges Becton Dickinson violated antitrust law by punishing hospitals and other healthcare systems for buying Tela Bio’s product and using long-term contracts to lock purchasers into buying solely from Becton Dickinson.
Becton Dickinson did not immediately respond to requests for comment. Tela Bio declined to comment.
Tela Bio said it introduced its rival resorbable mesh in 2016 and that it cost less than Becton Dickinson’s product. Tela Bio said it has lost substantial revenue and asked the court to award it unspecified damages and issue a court order fostering competition.
Becton Dickinson has faced nationwide litigation over its hernia mesh products.
The company last year agreed to settle about 38,000 personal injury lawsuits by mesh patients in state and federal courts. The terms were not disclosed, but Becton Dickinson said at the time that the amount included a "large majority" of $1.7 billion the company had set aside for product liability litigation. The company did not admit any wrongdoing.
Tela Bio said tens of thousands of other hernia mesh lawsuits remain pending against Becton Dickinson.
The case is Tela Bio Inc v. Becton, Dickinson & Co et al, U.S. District Court, Eastern District of Pennsylvania, No. 2:25-cv-07189.
For plaintiff: Derek Ho of Kellogg, Hansen, Todd, Figel & Frederick; Jeffrey Berhold of Jeffrey L. Berhold, P.C.; and Richard Placey of Montgomery, McCracken, Walker & Rhoads
For defendants: No appearances yet
Read more:
Becton Dickinson agrees to settle about 38,000 hernia mesh suits
R.I. jury orders Becton Dickinson to pay $4.8 mln in hernia mesh trial
(Reporting by Mike Scarcella)
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