What To Know Before You File A Hernia Mesh Lawsuit

Have you been injured by a hernia mesh implant? Are you eligible to file a hernia mesh lawsuit for compensation? We are here to help you answer those questions.

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Below we discuss important information to know before you file a hernia mesh lawsuit.

People have filed thousands of hernia mesh lawsuits seeking compensation for serious side effects and complications.

Recent studies have shown hernia mesh implants causing serious complications to patients, and
 an analysis of the side effects shows that hernia surgical mesh can do more harm than good.

What To Know Before You File Hernia Mesh Lawsuit
Get advice from experienced mesh lawyers

There is difficulty in attempting a one-size fits all approach when repairing hernias, as everyone’s body is
 different. Manufacturers created different mesh designs to improve the odds of
 a successful hernia repair without serious complications. Unfortunately, serious complications and side effects from hernia mesh implants are more common than they should be.

Patients have experienced and reported their hernia meshes as migrating, enmeshing with nearby bowels or organs, and even

 disintegrating causing excruciating, chronic pain, infection, and even hernia recurrence.

Some hernia meshes have been recalled by the FDA and some hernia meshes were “voluntarily” removed from the market by the mesh manufacturer. But not before many thousands of patients already had them implanted in their bodies.

If you think you may have a case, here are five things you should know before you hire an attorney or file a hernia mesh lawsuit.

What to know before you file a hernia mesh lawsuit

  1. Who is the manufacturer of your hernia mesh implant?

    Identifying the manufacturer of your hernia mesh product is critical for several reasons. First, this may determine where your case can be filed. There are current lawsuits against
 companies like Ethicon, Atrium and Bard. Hernia meshes from the following companies have been reported as causing significant complications: Physiomesh 
(Ethicon), C-QUR (Atrium), Bard 3D-Max

  2. Know the date of your implant surgery.

    It is important to know the date of your hernia surgery, the name of the surgeon that performed the
 surgery, and the name and address of the hospital where the surgery was performed. If you have any documentation from the surgery such as brochures or consent forms, this can be critical information. When investigating a lawsuit, there is no such thing as too much
 information. The more information you have, the better equipped you will be to address 
any issues about your potential claim.

  3. Are you eligible to file a claim?

    Contact an experienced mesh attorney to find out if you are eligible to file a hernia mesh legal claim for compensation. Eligibility criteria 
can have restrictive guidelines and deadlines associated with filing a lawsuit. Your legal rights can even be affected by where you live. A free consultation with an experienced attorney can get you answers fast.

  4. Act quickly, there are deadlines!

    A civil lawsuit for compensation must be filed in a
 certain amount of time. This is called the statute of limitations. The statutes of limitations differ from state to state, so it is critical to act quickly to ensure your window to file a claim has not closed.

  5. Find 
an experienced hernia mesh attorney.

    Finding the best attorney for your situation is critical. There are attorneys with significant experience in mesh product liability lawsuits, and who already have 
lawsuits in-progress, with claims filed. Hiring one of these attorneys could mean
 that you would be added to their pre-existing group of lawsuits. Check out an attorney’s credentials. How long 
have they been in practice? Have they litigated other mesh cases? How quickly do they respond to your inquiries? The answer to these questions can help you
 get a sense of an attorney’s reputation and competence. You can also get a better sense of how hard he or she might work for you.

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Find The Right Hernia Mesh Lawyer

Find the right hernia mesh lawyer
Good lawyers are good listeners

When people are injured due to medical devices, those responsible should 
be held accountable. You are the victim and you deserve to be compensated for your
 injuries.

Most medical device companies are extremely large corporations with powerful political lobbies and the money to hire armies of lawyers. Finding an attorney experienced in large scale, mass tort litigation helps mitigate the advantages these companies have.

Our goal is to ensure corporations never escape 
accountability for harming people when they place profit over safety.

Finding 
the right hernia mesh attorney can help ensure you receive the compensation you deserve. Find an attorney who will care about you and the things you are going through. One who takes the time to explain how the lawsuit will proceed and will answer all your questions.

Please don’t delay, reach out to an experienced mesh lawyer. The consultation is free and there is no obligation.

Frequently Asked Questions

  • Do you represent hernia mesh victims in my state?

    Yes. Right now we are taking cases from hernia mesh victims in all 50 states. When you file a hernia mesh lawsuit, the case will be sent to a specific federal or state court designated to handle these lawsuits. Most likely that court will be outside your state of residence. This is one reason why you should hire an experienced mesh attorney, not just a local injury attorney.

  • How long does a hernia mesh lawsuit take?

    There are tens of thousands of hernia mesh lawsuits filed in state and federal courts throughout the United States. Due to the number of lawsuits, the courts have set up special procedures in certain federal and state courts to handle all of these lawsuits. Because they are coordinated in this manner and treated as complex, nationwide litigation, the lawsuits may take years to resolve. But an experienced mesh attorney may have strategies to speed up the process.

  • What is the time limit or statute of limitations to file a hernia mesh lawsuit?

    Many factors can impact the amount of time you have to file a hernia mesh lawsuit. These factors can include the type of claims alleged, where the case is filed, and the state where the injury occurred. Also, the facts of your case can shorten or extend these time limits. Because so many factors can affect the amount of time you have to file, it is very important to talk to an experienced mesh attorney as soon as possible.

  • What is the average settlement for a hernia mesh lawsuit?

    Nearly all personal injury settlements are confidential. But we can estimate settlement values from our experience and prior settlements and verdicts, after hearing the facts of your case. The scope of your injuries, including revision and removal surgeries will be a primary factor in determining the value of your case. Do not trust any dollar amounts you may see online.

  • Is there a recall on hernia mesh?

    Yes and no. There are many manufacturers of hernia mesh implants and each manufacturer can have more than one type of hernia mesh implant. The FDA and some manufacturers have issued recalls for certain types of hernia mesh implants for various reasons. Other hernia mesh implants have not been recalled. While a recall may help your case, it does not determine whether you have a case. Recall or not, if your hernia mesh is causing you pain and complications, please speak to a mesh attorney.

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The Dangers of Polypropylene Hernia Meshes

While polypropylene has been used in various medical procedures for decades, the advancement of using polypropylene in more areas of surgical repair has not been without significant controversy. That is especially true regarding the use of polypropylene mesh in the repair of stress urinary incontinence, pelvic organ prolapse, and hernia repairs.

Polypropylene is a petroleum by-product used to manufacture a variety of items such as fishing line. Polypropylene causes an immunological response when implanted in the human body which can lead to infections.
 Polypropylene can also degrade in the human body.

If you received a hernia mesh product and underwent additional surgeries to remove the mesh or repair damage caused by the mesh you now have the opportunity to fight back. By filing a hernia mesh lawsuit, you could obtain a settlement or judgment to recover your financial losses and compensate you for pain and suffering.

What 
is a Hernia?

In the most basic terms, a hernia is a hole in the abdominal wall or fascia that allows the contents of the abdomen to protrude outside the abdominal cavity. This usually occurs at a weak spot found within the surrounding muscles or
 connective tissues (fascia).

When this protruding occurs, a lump forms which 
causes discomfort. As a hernia enlarges, levels of pain can reach excruciating 
thresholds.

The amount of discomfort a victim may feel is directly related to the hernia’s location, and the amount of damage
 incurred as a result of the hernia’s existence. Some hernias are considered “congenital” and are present at birth or are formed later in life, which are considered “acquired” hernias.

Hiatal Hernia
Hiatal hernia illustration

The Different Types of Hernias

Hernias can be classified as either abdominal hernias or groin hernias. Two common types of groin hernias are inguinal hernias and femoral hernias. Almost 3 out of every 4 hernias are groin hernias with most of these being inguinal. Abdominal hernias can be classified as umbilical, incisional, hiatal, spigelian and epigastric.

  • Epigastric – Epigastric hernias result
 from fatty tissue pushing through the abdomen between the belly 
button and the sternum (lower part of the breastbone).
  • Femoral ­­- Relatively rare, femoral hernias occur when the fatty tissue bulges from the lower belly into the upper thigh.
  • Hiatal – These hernias involve the stomach instead of the intestines and occur when the 
stomach bulges up through the diaphragm into the chest area. Usually asymptomatic, occasionally one may suffer from heartburn. These hernias usually aren’t treated unless symptomatic.
  • Incisional – Incisional hernias result
 from incisions, usually from surgery on the abdominal area. These can occur months and even years after the surgical procedure. The fatty tissue pushes through a surgical 
wound in the abdomen area. Risk factors for this type of hernia include age, obesity, lung problems and previous users of corticosteroids.
  • Inguinal – Occur when the intestines push through a weakened spot in the lower belly which then affects the inguinal canal in the groin. About 96% of all hernias are Inguinal. These hernias are 
most common in males due to the fact, they are weaker in this area.
  • Muscle ­- Muscle hernias occur when the muscle pushes through the abdomen and are usually the 
result of a sports injury.
  • Spigelian – Spigelian hernias result
 from part of the bowel pushing through into the abdomen region by a stomach
 muscle. Its location is usually just below the belly button.
  • Umbilical – These hernias are much more common in newborns than adults. They are the second most common type of hernia and occur when the intestine pushes through a muscle in the area of the belly button.

By far, the most common type of hernia are inguinal hernias located in the groin area. The second most common type are ventral or incisional hernias located in the abdomen.

Complications 
from Hernia Mesh Implants

Some of the most common hernia mesh complications include:

  • pain
  • mesh migration or movement
  • shrinkage
  • hernia recurrence
  • infections
  • adhesion
  • bowel restriction

If you have a hernia mesh and suffer from one or more of these complications, please contact an experienced mesh attorney as soon as possible to learn about your legal rights.

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Additional Information on Hernia Types and Treatment

Abdominal 
Hernias

Abdominal 
hernias result from fatty tissue (or organ) pushing through a weakness 
found within a muscle wall. These muscle walls enclose the abdominal cavity.

If a hernia occurs within the abdominal 
wall or groin region, the resulting sac protruding through the weak area may
 contain pieces of intestine or fatty lining of the colon. The abdominal wall is made up of
 muscle and tissue. Weak spots can occur within the abdominal area, thus 
allowing for contents of the abdominal cavity to push through the weakened
 area, or herniate.

The most common type of abdominal hernias 
are inguinal hernias. As a fetus
 develops and matures, the spermatic cord and testicles descend down through the 
inguinal canal. After the testicles descend, the opening in the inguinal canal
 should close tightly.

Sometimes, however, the areas of the muscles
 which attach to the pelvis are weakened. Later on, if stress is placed upon
 this region, the weakened tissues may allow a portion of the bowel (or colon) 
to slip through the opening. The result can be a bulge which can cause severe pain.

Inguinal hernias occur much more commonly in men than women. This is because men need an opening in the inguinal canal
 (to allow for the descent of testicles), where women do not.

Femoral hernias more commonly occur in 
women. In the abdominal space that allows the femoral artery and vein to pass 
through the abdomen is where femoral hernias can occur. The fact women tend to have
 wider bone structuring makes them more susceptible to femoral hernias.

An obturator hernia is the least common of the pelvic floor hernias. Women with higher
 pregnancies tend to fall victim to an obturator hernia, because of the 
location of the obturator canal. The obturator canal is an opening in the
 abdomen to the leg. It houses the obturator vein, nerve, and an artery.

Like a femoral hernia, the fact women have a wider pelvic bone structure makes them more susceptible to obturator hernias. Another risk factor is significant weight loss.

Anterior
 Abdominal Wall Hernias

Mirroring each other, the abdominal wall is made up by two sets of muscles. On each side of the body, these muscles make
 up the internal and external obliques, the transversals, and the rectus 
abdominis muscles.

Abdominal hernia
Abdominal Hernia illustration

Epigastric hernias occur in the epigastric region of the abdominal wall and is simply a weak spot in the abdominal wall between your belly button and sternum. These hernias are less common but will not go away without medical treatment. Little is known about the causes of epigastric hernias.

Umbilical hernias usually occur in infants and are due to a weak spot in the abdominal wall near the belly button. These hernias will frequently close on their own without surgery.

Rare, Spigelian hernias are hernias through the Spigelian fascia which is near the outside edges of the rectus abdominis. Weakened abdominal
 walls are the main cause of this hernia.

Sometimes, surgery-related incisions can also lead to hernias. Called Incision hernias, these occur when a surgeon cuts open the abdominal muscles; in order, to 
operate within the abdominal cavity creating a weak spot. After surgery, the repaired abdominal
 muscles are left weak increasing the chance for herniation.

Stomach and Diaphragm 
Hernias

Unlike most hernias which involve the intestines, Hiatal hernias involve the stomach. When part of the stomach slips through the 
opening in the diaphragm, Hiatal hernias can occur. This is the area where the esophagus 
passes through the abdomen from the chest.

  • Hiatal Hernia – Occurs when lower parts of the stomach and esophagus pass
 through to the chest, via the diaphragm. This is the most common type of Hiatal
 hernia.
  • Paraoesophageal 
Hernia – Occurs when stomach herniates alongside the esophagus. This can 
lead to serious complications; as the stomach can, literally, twist in on
 itself (volvulus).

Traumatic diaphragmatic hernias are usually the result of blunt force trauma, stab wounds, and/or gunshot wounds. These hernias
 can form at the time of injury, or later.

Last, is the rare congenital diaphragmatic hernia caused by the failure of the diaphragm to completely form and close
 during fetal growth. This usually leads to complications of under-developed lungs or lung-related issues later in life.

Risk
 Factors Associated With Developing a Hernia

Generally, the risk factors for many hernias include age, repetitive lifting of heavy objects, chronic cough, multiple pregnancies, and recurring vomiting. A chronic cough and recurring vomiting are simply repetitive stresses to the abdominal wall or stomach that weakens those muscles.

There are also risk factors unique to specific types of hernias.

For inguinal hernias, the risk factors include age (risk increases with age), gender (men are eight times more likely to develop an inguinal hernia), race (whites develop inguinal hernias more than other races), family history and chronic cough.

For hiatal hernias, the most common risk factors are age and obesity. Incisional hernias are almost always linked to prior abdominal 
surgeries. Epigastric hernias are usually congenital and are present from birth but obesity can exacerbate the symptoms.

Repeated 
interaction with heavy objects can also lead to herniation. It is the 
repeated stress of lifting or moving something heavy which causes this.

Treatments for Hernias

Most hernias require surgical repair. Generally, there are two types of surgical options to treat hernias, which are native tissue repairs and mesh repairs.

Native tissue repairs include a number of different procedures all involving the use of the body’s own tissue.

Then there are multiple mesh-based repairs where hernia mesh is surgically implanted to treat a hernia. Generally, the type of
 damage incurred by a hernia and the surgeon’s preference both play a role in
 determining what type of treatment will be recommended and performed.

Hernia Mesh 
Implants

In 1955, Dr. Francis Usher started researching the use of materials to close hernia defects. Usher studied Dacron, Teflon, and Orlon but all had serious shortcomings. Usher then found a new material (Marlex) seemed to have the properties needed and started to develop a woven mesh product from Marlex.

In 1958, Usher published his technique of using a permanent polypropylene mesh to cover over the hernia defect and
 to help promote tissue growth which strengthens the abdominal wall against recurrent hernia developments.

Thirty years later, this method became popularized using the Lichtenstein repair, also called the tension-free
 technique. It became the most widely used method of repairing hernias.

Initially, scientists believed that the stronger and thicker meshes would lead to the most fibrosis (growth of connective tissue). However, this was not true as the heavier and thicker meshes are much more susceptible to complications such as infection, erosion and immune responses.

At this point, doctors moved to using large pore, light-weight meshes. While these lighter meshes were an improvement, there were still an alarming number of serious complications occurring years after surgery. Some of these newer meshes have been recalled in the past several years.

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