Hernia Lawsuit Facts: What You Need to Know for 2024

Over 20,000 Personal Injury Lawsuits Filed for Compensation

Hernia mesh has been a popular choice for treating hernias, but it has also sparked numerous lawsuits due to severe complications and side effects. Thousands of people are filing hernia mesh lawsuits, seeking compensation for the pain, suffering, and medical expenses they have endured.

With the FDA initiating recalls on some hernia mesh products and manufacturers voluntarily removing certain brands from the market, it is important for those considering legal action to understand their options.

We will delve into the critical aspects of hernia mesh lawsuits, including the injuries and complications associated with these implants.

Be aware that mesh-related problems may include chronic pain, migration, shrinkage, infection, bowel obstruction, and the need for additional revision surgeries.

With this vital information, potential plaintiffs can make informed decisions about their legal options and find the help they need.

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Key Takeaways

  • Hernia mesh lawsuits involve severe complications and side effects that have caused people to seek compensation.
  • FDA recalls, and manufacturer withdrawals of certain hernia mesh products highlight the importance of understanding your legal options.
  • Knowledge of hernia mesh injuries and potential dangers is critical for potential plaintiffs in making informed decisions about pursuing legal action.

The Hernia Mesh Lawsuit – 5 Things to Know Before Filing (updated)

1. Who manufactured your hernia mesh surgical implant?

It is vital to identify the manufacturer of your hernia mesh product, as this may determine where you can file your claim. There have been thousands of hernia mesh lawsuits filed against manufacturers like Ethicon, Atrium Medical, and CR Bard.

Some of the most commonly reported problematic hernia mesh products include C-QUR mesh, Bard 3D Max mesh, Proceed mesh, Physiomesh, and Parietex Plug and mesh.

The hospital’s surgical records should contain the product name and manufacturer of the surgical mesh used in your hernia operation(s).

2. The dates of your hernia mesh implant and revision surgery.

Knowing the dates of your hernia mesh surgery as well as any revision surgeries, the surgeon’s name, and the hospital’s name and address is crucial.

Gather all documentation related to the surgery, such as medical records, brochures, or consent forms. Providing this information to your attorneys will be helpful.

The more information you have, particularly medical records, the better prepared you will be to address questions regarding your potential hernia mesh claim.

Medical records can help determine if you qualify for compensation and estimate the claim’s value.

3. Contact a hernia mesh lawyer to see if you qualify for compensation.

Reach out to an experienced mesh lawyer to determine if you are eligible for a hernia mesh compensation claim. Eligibility requirements may have restrictive guidelines and deadlines, and your legal rights can be affected depending on your location.

A free consultation with an experienced hernia mesh lawyer can provide quick answers.

4. Act quickly. There are deadlines!

Legal claims need to be filed within a specific time frame, known as the statute of limitations. These time limits can vary between states and depend on your situation’s details, so acting promptly to ensure you can still file a claim is critical.

5. Find an experienced hernia mesh lawyer.

Choosing the best hernia mesh lawyer for your situation is crucial. Look for an attorney with experience in surgical mesh lawsuits and has already represented clients in hernia mesh cases. An experienced hernia mesh attorney can help speed up and maximize your compensation claim.

When filing a hernia mesh lawsuit, your case will likely be assigned to a specific court that handles these lawsuits.

Most of the time, this court is outside your state of residence. This is why it’s essential to hire an experienced hernia mesh lawyer instead of just a local injury attorney.

The best hernia mesh lawyer might even be located outside your state. Our experienced hernia mesh attorneys are assisting mesh victims in all 50 states.

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The hernia mesh attorneys

Finding The Right Hernia Mesh Lawyer

The right hernia mesh lawyer can maximize your compensation claim. When medical devices injure people, those responsible should be held accountable. As victims, you deserve to be compensated for your injuries.

Medical device companies are enormous corporations with powerful political lobbies and the money to hire armies of lawyers. Finding an attorney experienced in medical device litigation helps mitigate these companies’ advantages.

Our goal is to ensure corporations never escape accountability for harming people when they place profit over safety. We recommend you find the right hernia mesh attorney who will:

  1. Care about you and your situation
  2. Clearly explain how a hernia mesh lawsuit will proceed
  3. Answer all your questions

Feel confident in reaching out to an experienced hernia mesh lawyer today. The consultation is free, and there is no obligation.

Hernia Mesh Lawsuit Frequently Asked Questions

What are the symptoms or complications of hernia mesh failure?

Common hernia mesh complications and failure symptoms include:

  • Pain
  • Infection, fever, nausea
  • Bowel obstruction
  • Hernia recurrence
  • Bulging or severe swelling
  • Mesh migration and adhesions
  • Bloating and constipation
  • Additional surgery

Who qualifies for a hernia mesh lawsuit settlement?

If you have a hernia mesh and experienced complications requiring additional surgery, you most likely have a legal claim for compensation. Our mesh attorneys can verify and estimate the settlement value after a quick medical record review.

What is the average payout for a hernia mesh lawsuit?

Most personal injury settlements are confidential. We can estimate your hernia mesh settlement value based on our prior mesh experience and settlements after hearing the facts of your case.

Your hernia mesh injuries, particularly any revision and removal surgery, will be a primary factor in determining the case value and settlement amount.

How long does a hernia mesh lawsuit take?

Tens of thousands of hernia mesh lawsuits are filed in state and federal courts throughout the United States.

Due to a large number of hernia mesh cases, the courts have set up special procedures in federal and state courts to handle these matters.

These product liability lawsuits could take years to resolve, but trials are ongoing and our experienced mesh attorneys may have strategies to speed up the process.

Do you represent hernia mesh victims in my state?

Yes, 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 court designated to handle these matters. We have experience handling compensation claims involving defective hernia mesh with design flaws for clients across the country.

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

Many factors can impact the time you have to file a hernia mesh claim, including the type of claims alleged, where the case is filed, and the state where the injury occurred. It is essential to consult with an experienced mesh attorney as soon as possible.

Most states have a two year statute of limitations on personal injuries, but those time limits can vary greatly depending on the individual circumstances and facts of your matter.

Did the FDA recall surgical hernia mesh implants?

There are many hernia mesh manufacturers, 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.

Although the FDA has not recalled most hernia mesh implants, you may still have a right to legal compensation if your hernia mesh is causing you pain and complications.

When is the next bellwether trial on defective hernia mesh?

The next bellwether trials are expected to begin in 2025 in the consolidated Covidien hernia mesh lawsuits. The bellwether trials will continue, assuming no global settlement of the Covidien cases is announced before that date.

How do I join the class action hernia mesh lawsuit?

The hernia mesh injury lawsuits are not part of a traditional class action lawsuit. All hernia mesh cases are filed as individual product liability personal injury lawsuits.

The cases are treated similarly to a class action, where cases against the same hernia mesh manufacturer are consolidated through a multi-district litigation (or MDL) process and assigned to a single judge.

Unlike a class action lawsuit, you have your own case against one or more mesh manufacturers that can be tried or settled independently of all other cases.

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The Dangers of Polypropylene Hernia Mesh

What is a Hernia?

A hernia is a hole in the abdominal wall or fascia, causing the contents of the abdomen to protrude outside the abdominal cavity. This typically occurs at a weak spot within the surrounding muscles or connective tissues.

The formation of a lump is due to the protrusion, causing discomfort and pain. As hernias grow and enlarge, pain levels can become excruciating. The severity of the discomfort correlates with the hernia’s location and the extent of the damage.

The Different Types of Hernias

Hernias can be broadly categorized into abdominal and groin hernias. Groin hernias, which comprise nearly 75% of all hernias, include inguinal and femoral hernias. Abdominal hernias can be classified into umbilical, incisional, hiatal, Spigelian, and epigastric.

hiatal hernia illustration

Despite the prevalence of hernias and polypropylene’s extensive use in medical procedures, there are significant concerns surrounding the use of polypropylene mesh in hernia repair surgeries.

Polypropylene, a byproduct of petroleum, can cause an immunological response when implanted in the human body, leading to severe infections.

Additionally, polypropylene can degrade within the body.

Defective hernia mesh can result from various factors, including design defects, manufacturing defects, and a failure to warn about potential complications.

In cases where patients suffer complications related to the mesh, a hernia mesh lawsuit can compensate them for pain, suffering, and financial losses due to additional surgeries required to remove or repair the damage caused by the mesh.

The use of polypropylene mesh in hernia repair surgeries thus poses risks to patients. As a result, it is essential to consider these dangers when evaluating treatment options and to pursue legal action if complications arise as a result of defective hernia mesh.

Hernia Mesh Lawsuit Injuries

We’ve observed several injuries related to hernia mesh lawsuits, including:

  • Infection
  • Pain (caused by inflammation, nerve damage, or mesh complications)
  • Mesh migration or movement
  • Shrinkage
  • Hernia recurrence
  • Revision surgery
  • Mesh adhesion
  • Bowel perforation and restriction
  • Nerve damage
  • Organ damage

If you experience any of these symptoms due to a hernia mesh, we recommend contacting an experienced mesh attorney to learn about your legal right to compensation.

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More Information on Hernia Types and Treatment

Abdominal Hernias

Abdominal hernias occur when fatty tissue or an organ pushes through a weak spot in the muscle wall enclosing the abdominal cavity. The most common type is the inguinal hernia, which occurs more frequently in men. Other types include femoral hernias, which are more common in women, and obturator hernias, often linked to pregnancy and significant weight loss.

Anterior Abdominal Wall Hernias

The anterior abdominal wall consists of mirrored sets of muscles, including the internal and external obliques, transversals, and rectus abdominis muscles. Abdominal wall hernias can develop in different regions:

  • Epigastric hernias: Located between the belly button and sternum, often requiring medical treatment.
  • Umbilical hernias: Common in infants, usually self-resolving without surgery.
  • Spigelian hernias: Occur near the edges of the abdominal muscle, typically caused by weakened abdominal walls.
  • Incisional hernias: Result from surgery-related incisions in the abdominal muscles, which can weaken the tissue and increase the risk of herniation.

Stomach and Diaphragm Hernias

Stomach and diaphragm hernias, unlike most hernias, involve the stomach rather than the intestines:

  • Hiatal hernias: Develop when part of the stomach slips through the diaphragm, where the esophagus passes from the chest to the abdomen.
  • Paraesophageal hernias: Occur when the stomach herniates alongside the esophagus, potentially causing severe complications like volvulus (twisted stomach).
  • Traumatic diaphragmatic hernias: Usually result from blunt force trauma, stab wounds, or gunshot wounds.
  • Congenital diaphragmatic hernias: The rarest type, caused by a failure of the diaphragm to form and close completely during fetal growth, often leading to underdeveloped lungs or lung issues later in life.

Risk Factors Associated With Developing a Hernia

General risk factors for hernias include age, repetitive heavy lifting, chronic cough, multiple pregnancies, and frequent vomiting. Each hernia type has specific risk factors:

  • Inguinal hernias: Increased risk with age, male gender, Caucasian race, family history, and chronic cough.
  • Hiatal hernias: Commonly associated with age and obesity.
  • Incisional hernias: Almost always linked to prior abdominal surgeries.
  • Epigastric hernias: Often congenital and present from birth, but obesity can worsen the symptoms.

In addition to these risk factors, repeatedly lifting or moving heavy objects can lead to herniation due to increased stress on the abdominal muscles.

The risk of hernia recurrence is also a concern, particularly after hernia surgery. This emphasizes the importance of proper surgical techniques and post-operative care for successful treatment outcomes.

Surgical Treatments for Hernias

Hernia Mesh Implants

Hernia mesh implants are a common surgical treatment for hernias. These implants involve the use of a surgical mesh to cover the hernia defect and promote tissue growth, strengthening the abdominal wall against recurrent hernia developments.

Various manufacturers, including Atrium, Ethicon, C.R. Bard, Covidien, Becton Dickinson, and Medtronic, produce and distribute hernia mesh implants to medical facilities worldwide.

Initially, hernia mesh materials such as Dacron, Teflon, and Orlon were used, but these had significant shortcomings.

Later, larger pore and lightweight meshes, such as polypropylene mesh, were introduced. These lighter meshes reduced complications, but there were still cases of serious complications occurring years after surgery.

Some of the potential complications from hernia mesh implants include:

  • Recurrence of the hernia, requiring additional surgery
  • Infection
  • Mesh erosion, leading to organ damage
  • Adverse immune responses

When complications do arise, revision surgery may be necessary to remove or replace the hernia mesh.

In some cases, affected patients have filed lawsuits against hernia mesh manufacturers, and verdict and settlement payouts have ranged from thousands to millions of dollars, depending on the severity of their complications and damages.

In summary, while hernia mesh implants have improved over the years, there are still many potential risks and complications associated with their use.

It is important for people suffering from hernia mesh injuries to discuss their legal rights with experienced mesh attorneys.

Don’t delay as there are deadlines.

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