Hernia Mesh Lawsuits: Lawyers Could Be Missing Out
Hernia Mesh Lawsuits Are Holding Hernia Mesh Manufacturers Accountable. You Could Be As Well
Law firms are filing hernia mesh lawsuits against surgical mesh manufacturers. As a result, lawyers are receiving big settlements for their clients who suffered serious injuries after their mesh implants failed. The largest hernia mesh lawsuit settlement amount to date is $184 million.
Hernia Mesh manufacturer C.R. Bard paid the settlement in roughly 3,000 cases in 2011.
Top 10 Law Firm Websites wants to help you and your firm attract victims of defective Hernia Mesh products.
What Are Hernia Mesh Lawsuits?
People who filed hernia mesh lawsuits claim that the mesh failed and led to severe injuries that required revision surgery to fix.
Patients are suing manufacturers for compensation for damages. They are also suing for lost wages and medical bills. In addition, they are also suing for loss of quality of life and pain and suffering.
Hernia mesh lawsuits claim:
- Defective product design
- Improper product labeling, failing to warn patients and doctors about the risk of mesh failure and complications
- Defective product manufacturing
- Malpractice committed by the plaintiff’s doctor who implanted the faulty mesh
Status of Hernia Mesh Lawsuits
There are currently 20,613 lawsuits pending against Ethicon, Atrium Medical Corp. and Davol Inc./C.R. Bard in federal courts in Georgia, New Hampshire and Ohio. Hundreds more are also pending in state courts across the country.
Unfortunately, the Covid-19 pandemic has caused several hernia mesh bellwether trials to be rescheduled multiple times. The first hernia mesh trial in August 2021 resulted in a defense win for C.R. Bard and Davol Inc. The courts have postponed other bellwether trials until further notice.
What Injuries Can Lead to a Hernia Mesh Lawsuit?
People who filed lawsuits suffered hernia mesh complications. Medical and court records show victims needed at least one additional surgery to fix their problems. Some also required more. Many people claim their complications continued after revision surgery.
Victims may be able to file a lawsuit if you’ve experienced one or more of the hernia mesh complications. We have listed below the recommended revisions doctors recommend:
- Adhesion: Mesh implant sticks to other organs and tissue.
- Pain: If it lasts months or years after hernia mesh surgery, it may lead to nerve damage or chronic inflammation.
- Bowel Obstruction: The hernia mesh sticks to the intestines or moves around in the body, blocking the bowel.
- Infection: Chronic inflammation around the hernia mesh may lead to infection.
- Mesh Failure: Implant causes pain and hernia recurrence. Consequently, surgery is needed to remove the mesh.
- Migration: Hernia mesh moves from initial surgery site to other parts of the body.
- Perforation of Organs or Tissues: The hernia mesh punctures other body parts during migration.
- Seromas: Pockets of fluid buildup around the surgery site.
- Hernia Recurrence: The hernia may return if the mesh fails. It’s a common complication of hernia surgery.
- Revision Surgery: One or more surgeries, depending on severity of complications, to remove faulty hernia mesh.
- Delayed or Long-Term Complications: Chronic pain, adhesions or hernia recurrence may occur years after original surgery.
- Groin or Testicular Pain: A burning sensation at the surgery site caused by pinched nerves after hernia mesh surgery.
Why File a Lawsuit?
People may file hernia mesh lawsuits to receive compensation for damages, including medical bills, pain, suffering and loss of quality of life.
The plaintiffs who have filed lawsuits against hernia mesh manufacturers have three main causes of action against mesh manufacturers: Defective design, manufacturing defects and failure to warn.
Causes of Action
C.R. Bard defectively designed its Composix Kugel hernia mesh with a memory coil ring that was prone to breaking and causing complications, according to a lawsuit filed by Vicky Sanders.
Bard’s Kugel mesh had manufacturing defects because Bard used “substandard, adulterated, and/or non-medical grade polypropylene and raw materials used to make the Composix Kugel product which deviated from their material and supply specifications,” according to Sanders’ lawsuit.
Sanders also said that Bard failed to warn the public despite knowing that its product could cause health problems.
Compensation claims in hernia mesh lawsuits include economic factors such as past and future medical expenses and wage loss. Noneconomic damages include loss of quality of life, loss of consortium and pain and suffering.
Some hernia mesh problems require more than one surgery to fix. Some injuries such as infections and chronic pain may mean you will need treatment for the rest of your life. These medical bills add up. If you were the main wage earner for your household and chronic groin pain from failed mesh prevents you from working, you may be able to claim lost wages from the past and future.
Noneconomic losses are emotional and mental. For example, Michael Miller’s lawsuit claimed that eating was painful and he developed “sexual difficulty” after his hernia mesh surgery. These problems result in loss of quality and enjoyment of life as well as emotional issues.
In cases where the jury finds a defendant’s behavior particularly negligent or harmful, they may award punitive damages in addition to compensation for economic and noneconomic losses. The courts may also make manufacturers pay punitive damages to punish the defendant and discourage the behavior from happening again.
Who Is Eligible to File a Hernia Mesh Lawsuit?
You may be eligible to file a hernia mesh lawsuit if you had hernia mesh surgery and experienced serious complications, especially if you received mesh made by Ethicon, Atrium or Bard Davol.
There is also a statute of limitations for filing these lawsuits and they vary from state to state.
Eligibility guidelines may also be different depending on the patient or law firm accepting cases, but there are a few basic requirements.
The ways potential victims may qualify for a hernia mesh lawsuit include:
- Original hernia repair surgery with mesh on or after Jan. 1, 2006
- Suffered serious injuries including adhesions, hernia recurrence, intestinal blockage, mesh migration, organ perforation and infection more than 30 days from original date of surgery
- Hernia revision surgery or additional surgery because of complications
- Additional surgery scheduled because of complications
- A surgeon told you that you need additional surgery because of complications
- You were told you needed surgery because of complications but cannot have it because of medical issues.