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An $88 million jury verdict against Covidien might be about to shrink — and the judge overseeing the case isn't shy about saying so. A Massachusetts federal judge told both sides Wednesday she's "likely" to reduce the recent bellwether hernia mesh award, while nudging the two sides toward the negotiating table instead of another courtroom showdown.

A Judge Already Doing Her Homework

U.S. District Judge Patti B. Saris made clear she isn't waiting for a formal motion to start weighing the math. She revealed she's already begun researching the law on remittitur — the legal mechanism for trimming an excessive jury award — in anticipation of Covidien likely filing exactly that kind of post-trial motion challenging the Boston jury's Aug. 4 verdict in favor of Larry and Tammy Patterson, who sued the Medtronic subsidiary.

"I Would Be Surprised If You Didn't File"

Speaking directly to Covidien's attorneys from DLA Piper during a status hearing in the sprawling multidistrict mesh litigation, Judge Saris didn't mince words: "I would be surprised if you didn't file for remittitur." Based on preliminary research into comparable case outcomes, she said she's "likely" to cut the award — a move that would, in turn, open the door for the Pattersons to request an entirely new trial.

A Judge's Pitch for Settlement

Rather than let the case grind through another round of motions and hearings, Judge Saris floated a more human solution. "On a human level, it might be worth it to settle," she told the assembled lawyers — a suggestion that appeared to land with noticeable resistance in the room.

The Medical Stakes at the Center of the Case

The Pattersons' lawsuit alleges that Symbiotex mesh used to repair Larry Patterson's hernia back in 2017 caused a bowel obstruction three years later. Complicating matters further, the couple's attorney told the court Wednesday that Patterson is expected to undergo surgery within the next year — a detail that visibly weighed on the judge's thinking.

Judge Saris made clear that Patterson's health factored directly into her concerns about the case's trajectory, noting that if she does grant remittitur, he would then be entitled to pursue a full retrial. "He is a very vulnerable person," she told the lawyers, adding later, "I'm worried about him." She went further still, observing that the original month-long trial had already "took a toll on him."

Both Sides Push Back on Settlement Talk

Not everyone in the room was ready to embrace the judge's suggestion. Timothy O'Brien, the Pattersons' attorney from Levin Papantonio Proctor Buchanan O'Brien Barr & Mougey PA, dismissed any talk of remittitur or settlement as "premature." He told the judge his client is prepared to go through an entirely new trial once his surgery is complete, and indicated he'd plan to introduce video evidence documenting the damage allegedly caused by the mesh if a retrial happens.

"I think the verdict is going to stick, Your Honor," O'Brien told the judge, signaling confidence that the original award would ultimately hold.

Covidien's Side of the Negotiating Table

DLA Piper's Loren Brown offered a more cautious openness to settlement talks, while making clear the company's confidence in its legal position. "Willing to engage in settlement discussions," Brown said, but he cautioned that it would be "very difficult to negotiate a single case against an $88 million verdict when we believe we have a lot of grounds to challenge it" — a signal that Covidien isn't planning to fold easily.

DLA Piper's Ilana Eisenstein told the court she expects to formally file the remittitur motion, alongside two additional post-trial motions, by Sept. 4 — one seeking to overturn the jury verdict as a matter of law, and another requesting an entirely new trial.

The Scheduling Puzzle

Beyond the legal arguments, Judge Saris raised a practical concern: timing. Earlier in Wednesday's hearing, the court had already struggled to coordinate schedules for two other bellwether trials involving different Covidien mesh products, now set for January and March. With that calendar already crowded, the judge estimated any new trial for the Pattersons would likely be pushed out more than a year from now — a delay with real consequences given Patterson's health situation.

"I'm only one human being," Judge Saris told the lawyers, framing her balancing act plainly. "I'm thinking about what's justice for Mr. Patterson and his wife."

The Legal Teams

Patterson is represented by Timothy M. O'Brien of Levin Papantonio Proctor Buchanan O'Brien Barr & Mougey PA and Kelsey L. Stokes of Stokes & Hobbs LP. Covidien is represented by Loren Brown, Jessica C. Wilson, Lyn Pruitt, Ilana H. Eisenstein and Christopher G. Campbell of DLA Piper.