Hernia Mesh Lawsuit Attorney
Were you injured by a hernia mesh implant? You may be eligible to get compensation in a products liability claim or wrongful death lawsuit if your loved one died. Attorney Paul Mankin offers free initial consultations for victims of surgical mesh implants and their families. Call our law office today at 800-219-3577.
Who Is Eligible to File a Hernia Mesh Lawsuit?
If you suffered serious complications after a hernia mesh surgery, then you may be eligible to file a lawsuit against one of the manufacturers of these defective products. You will know if you’re the victim of mesh failure if your doctor tells you that your symptoms are related to your prior surgery. You may qualify to file a hernia mesh claim if:
- You suffered serious injuries after a hernia repair with mesh
- You required a hernia revision surgery or additional surgery due to complications
- A surgeon told you that you needed surgery because of complications
- You have complications but cannot have surgery because of other medical issues
You will need to bring to your lawyer any available medical records and information about how your symptoms have impacted your life.
Common Hernia Mesh Complications
Nearly 90% of hernias are repaired with mesh products, so it is important to be aware of the potential complications. Some of the most common negative effects of surgical mesh repair include chronic pain, infection, reoccurrence of the hernia, adhesion, mesh shrinkage, rejection of the implant, movement of the mesh, seromas, and bowel obstruction and organ perforation. Many of the mesh products that caused these complications have been recalled and are no longer on the market, nor are they used in surgical centers or hospitals. Symptoms associated hernia mesh failure include:
- Severe pain
- Groin or testicular pain
- Internal bleeding
- Tissue erosion
- Nausea and vomiting
- Inability to pass gas or stool
- Difficulty urinating
- Abdominal rigidity
- Drainage from the incision
- Extreme swelling
- Other flu-like symptoms
To diagnose you with one of these hernia mesh complications, your doctor may perform several diagnostic tests, including x-rays, CT scans, and blood tests. Mesh failure often requires immediate medical treatment and possible repeat surgery to correct the situation.
What Type of Surgical Mesh Is Defective?
Most surgical mesh claims have been filed against Ethicon (a Johnson & Johnson company), Atrium Medical, Bard Davol, W.L. Gore & Associates, and Covidien/Medtronic. Some of the top hernia mesh products include:
- C-QUR Mesh
- Composix Kugel Patch
- Prolene Mesh
- Proceed Surgical Mesh
- ProLite Mesh Patches
- ProLite UltraQ
- AlloMaxBard Soft Mesh
- Bard Mesh Sheets
- MK Patch
- PerFix Plug
- Phasix Mesh
- Sepramesh IP Composite
- XenMatrix Surgical Graft
- FlexHD Structural
- Ultrapure and Ultrapure Advanced
- XCM Biologic
- Vicky Mesh
- Parietex Mesh
- Gore-Tex Dual Mesh
Several of these hernia mesh products have been recalled for various reasons, including potential breaking and possible adhesions. To find out if the type of mesh used in your surgery was recalled, you should contact a hernia mesh lawsuit lawyer who can evaluate your case and determine if you have options to recover compensation.
What Is a Hernia Mesh Lawsuit?
Thousands of victims of defective hernia mesh have filed lawsuits against the manufacturing companies. These plaintiffs have suffered serious harm that requires revision surgery or intense medical treatment to fix problems caused by surgical mesh. These lawsuits are based on products liability law and claim there is a defective product design, improper product labeling to warn about risks, and defective manufacturing. Some lawsuits have been filed against doctors for medical malpractice where faulty mesh was implanted in a patient.
Is There a Hernia Mesh Class Action Lawsuit?
No, plaintiffs who are filing hernia mesh lawsuits are making individual claims instead of filing a class action. This is because each person has such individual losses that must be considered through an appropriate hernia mesh settlement or jury verdict. In some places, judges have consolidated large numbers of individual lawsuits into multidistrict litigations (MDLs) to speed up litigation time and save money for all parties involved.
How Much Money Can I Get in a Hernia Mesh Lawsuit?
If you were injured by defective surgical mesh, you are eligible to get compensation through a products liability lawsuit, wrongful death lawsuit (if your loved one died), or hernia mesh settlement. You can get compensation to cover 100% of your economic and non-economic losses, as well as other damages in some cases.
- Economic damages are those that are easily quantifiable with out-of-pocket costs like medical expenses and lost wages.
- Non-economic damages are more subjective, such as pain and suffering.
You may also be able to recover punitive damages in some cases. Punitive damages do not compensate the plaintiff for losses. Instead, they punish the defendant for wrongful actions. One of the top hernia mesh settlements was $184 million. A jury verdict was awarded for $1.5 million.
Hernia Mesh Lawsuit Update
As of September 2021, there were more than 20,600 federal lawsuits pending against Ethicon, Atrium Medical, and Davol, Inc./C.R. Bard. Hernia mesh lawsuits have also been filed in state courts across the United States. Several hernia mesh lawsuits were scheduled to take place in 2021; however, they either settled prior to trial or were continued by the judges. In 2022, a settlement agreement was reached with Ethicon, the maker of Physiomesh, in an MDL action that involved 3,617 plaintiffs. However, there is no global settlement prospect in the Bard MDL which has nearly 17,000 plaintiffs.
Hernia Mesh Lawsuit FAQs
Lawsuits involving hernia mesh complications can be extremely complex. You likely have many questions. Attorney L. Paul Mankin has answers.
How Long Does a Hernia Mesh Lawsuit Take?
The length of time you may be involved in a hernia mesh claim depends on the details of your specific case. If it is clear that defective surgical mesh caused your medical problems, then you may reach a settlement quickly with the manufacturer. However, complex product liability cases like these can take between three and seven years to resolve if they go to court. The Law Offices of L. Paul Mankin is prepared to stand beside you throughout the process.
When to Hernia Mesh Complications Occur?
Many complications with hernia mesh surgeries begin affecting victims immediately. Other complications can take years to develop. Any time you experience severe pain or other symptoms near your surgical site, you should consult a medical professional to diagnose any problems that you may be experiencing and get proper treatment right away.
Has My Hernia Mesh Been Recalled?
Many brands of surgical mesh have been recalled because they are dangerous and defective. You can find out if the hernia mesh used in your procedure was recalled by searching the U.S. Food & Drug Administration’s (FDA) Medical Device Recall Database.
Contact a Hernia Mesh Lawsuit Attorney for Help
If you suffered injuries due to hernia mesh failure, you may be eligible to get financial compensation for your losses. A top products liability lawyer can help you file a claim and protect your rights throughout the legal process. Contact attorney Paul Mankin at 800-219-3577 for a free initial consultation of your case.