Is hernia mesh making your life miserable? Are you wondering if you can file a hernia mesh lawsuit for all the pain, suffering, and medical expenses? Below we discuss what you need to know before filing a hernia mesh lawsuit or compensation claim.
Find out now if you qualify for compensation from a hernia mesh lawsuit. Get the help you need starting with a free consultation and medical record review.
Thousands of people have filed hernia mesh lawsuits seeking compensation for severe complications and side effects.
Hernia mesh injuries and complications include chronic or intermittent pain, mesh movement or migration, attaching to nearby bowels or organs, shrinkage, disintegration, infection, bowel obstruction, hernia recurrence, protrusion or perforation, and additional revision surgeries.
The FDA has initiated some hernia mesh recalls, and mesh manufacturers have voluntarily recalled or removed certain hernia mesh brands from the market. Many other types of hernia mesh devices continue to be sold and implanted by hernia mesh manufacturers.
Here are five things you should know before filing a hernia mesh lawsuit.
Hernia Mesh Lawsuit – 5 Things to Know Before Filing
1. Who manufactured your hernia mesh surgical implant?
Identifying the manufacturer of your hernia mesh product is critical as this may determine where you can file your claim. Consumers have filed thousands of hernia mesh lawsuits against manufacturers like Ethicon, Atrium Medical, and CR Bard.
The following hernia mesh products have been reported as causing significant complications: C-QUR mesh, Bard 3D Max mesh, Proceed mesh, Physiomesh, and Parietex Plug and mesh. The product name and manufacturer of the surgical mesh used in your hernia operation(s) are noted in the hospital’s surgical records.
2. The dates of your hernia mesh implant and revision surgery.
It is important to know the dates of your hernia mesh surgery and revision surgeries, the name of the surgeon who performed the surgery, and the name and address of the hospital where the surgery was performed. Collect all your documentation from the surgery, such as medical records, brochures, or consent forms. This is important information to share with your attorneys.
When investigating a hernia mesh lawsuit, there is no such thing as too much information. The more information you have (particularly medical records), the better equipped you will be to address questions about your potential hernia mesh claim. Your medical records will determine whether you qualify for a compensation claim and help estimate the value of your claim.
3. Contact a hernia mesh lawyer to see if you qualify for compensation.
Contact an experienced mesh lawyer to determine if you qualify for a hernia mesh claim for compensation. Eligibility requirements can have restrictive guidelines and deadlines for filing a hernia mesh lawsuit. Your legal rights can even be affected by where you live. A free consultation with an experienced hernia mesh lawyer can get you answers fast.
4. Act quickly. There are deadlines!
You must file all legal claims within a certain amount of time. These time limits are called the statute of limitations. The statutes of limitations differ from state to state and depend upon the facts of your situation, so it is critical to act quickly to ensure your window to file a claim has not closed.
5. Find an experienced hernia mesh lawyer.
Finding the best hernia mesh lawyer for your situation is critical. You want to find a lawyer with experience in surgical mesh lawsuits and one who is already representing clients in hernia mesh lawsuits. Hiring an experienced hernia mesh attorney who is already helping other surgical mesh victims will help you speed up and maximize your compensation claim.
When you file a hernia mesh lawsuit, the case will be sent to a specific 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 hernia mesh lawyer, not just a local injury attorney. Many people fall into this trap by searching for a “hernia mesh lawyer near me.” Finding an experienced medical device attorney is much more important than finding a lawyer near you. The best hernia mesh lawyer may even be outside your state.
Our experienced hernia mesh attorneys are helping mesh victims in all 50 states.
Find out now if you qualify for hernia mesh compensation…
Find The Right Hernia Mesh Lawyer
When medical devices injure people, those responsible should be held accountable. You are the victim, and 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.
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 a hernia mesh lawsuit will proceed and will answer all your questions.
Please don’t delay. Reach 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 failure symptoms include:
2) infection, fever, nausea
3) bowel obstruction
4) hernia recurrence
5) bulging or severe swelling
6) mesh migration and adhesions
7) bloating and constipation
8) additional surgery
How do I qualify 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. A hernia mesh attorney can verify and estimate the settlement value of your claim after a quick medical record review. Even if you did not have additional surgeries, you might still have a claim. The facts of your particular situation and a medical record review will help an experienced mesh attorney make a quick determination.
What is the average payout or settlement 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 your case value and settlement amount. Our mesh attorneys can provide you with a confidential settlement estimate after reviewing your medical records.
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 all of these matters. Because the cases are coordinated in this manner and treated as complex, nationwide litigation, these product liability lawsuits could take years to resolve. But an experienced mesh attorney 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. Most likely, that court will be outside your state of residence. This is one reason you should hire an experienced mesh attorney, not just a local injury attorney. Many people make a mistake by searching for a “hernia mesh lawyer near me” or “personal injury attorney.” When injured by a defective hernia mesh with design flaws, you want an experienced mesh attorney handling your compensation claim. The best mesh lawyer for you will probably be outside your state.
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. 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 essential to talk to an experienced mesh attorney as soon as possible.
Did the FDA recall surgical hernia mesh implants?
Yes and no. 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. The FDA has not recalled most hernia mesh implants on the market. While an FDA recall may help in a particular case, it does not determine whether you have a compensation claim. If your hernia mesh is causing you pain and complications, please speak to a mesh attorney, as you may have a right to legal compensation.
When is the next bellwether trial on defective hernia mesh?
The next bellwether hernia mesh trial is currently set to begin in May 2023. The MDL court selected the case Stinson v. C.R. Bard et al., case no. 2:18-cv-01022, as the third bellwether trial case in the consolidated Bard hernia mesh MDL. Judge Sargus scheduled the start of trial for May 15, 2023, assuming no global settlement of the federal Bard cases is announced before that date.
How do I join the hernia mesh class action lawsuit?
The hernia mesh lawsuits are not part of a traditional class action lawsuit. All hernia mesh cases are filed as individual product liability injury lawsuits. The cases are treated like a class action in that similar 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.
Find out if you qualify for significant compensation.
The Dangers of Polypropylene Hernia Mesh
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 polypropylene mesh used to repair stress urinary incontinence, pelvic organ prolapse, and in hernia repair surgery.
Polypropylene is a petroleum by-product used to manufacture various items, such as fishing lines. Polypropylene can cause an immunological response when implanted in the human body, leading to severe infections. Polypropylene can also degrade in the human body.
If you received a hernia mesh implant and underwent additional surgery 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 compensate you for all the pain and suffering and to recover your financial losses.
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 within the surrounding muscles or connective tissues (fascia).
When this protruding occurs, a lump forms that can cause discomfort and pain. As a hernia enlarges, levels of pain can reach excruciating thresholds.
The amount of discomfort a person may feel is directly related to the hernia’s location and the amount of damage incurred due to the hernia’s existence. Some hernias are considered “congenital” and are present at birth, and others are formed later in life, called “acquired” hernias.
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 three out of every four hernias are groin hernias, most of which are 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 typically 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 corticosteroid users.
- Inguinal – Occur when the intestines push through a weakened spot in the lower belly, affecting the inguinal canal in the groin. About 96% of all hernias are Inguinal. These hernias are more common in males because they are typically weaker in this area.
- Muscle - Muscle hernias occur when the muscle pushes through the abdomen and is usually caused by 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 in adults. They are the second most common type of hernia and occur when the intestine pushes through a muscle in the belly button area.
The most common type of hernia is an inguinal hernia located in the groin area. The second most common type is ventral or incisional hernias in the abdomen.
Hernia Mesh Lawsuit Injuries
Some of the most common hernia mesh lawsuit injuries include:
- infection pain
- mesh migration or movement
- hernia recurrence
- revision surgery
- mesh adhesion
- bowel perforation and restriction
- nerve damage
- organ damage
If you have a hernia mesh and suffer from one or more of these mesh injuries, please contact an experienced mesh attorney as soon as possible to learn about your legal right to compensation.
More Information on Hernia Types and Treatment
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 the intestine or the 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 hernia is an inguinal hernia. The spermatic cord and testicles descend through the inguinal canal as a fetus develops and matures. 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), whereas 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, femoral hernias can occur. Women tend to have wider bone structuring, making 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 obturator canal location. The obturator canal is an opening in the abdomen to the leg. It houses the obturator vein, nerve, and artery.
Like a femoral hernia, women have a broader pelvic bone structure, making them more susceptible to obturator hernias. Another risk factor is significant weight loss.
Anterior Abdominal Wall Hernias
The abdominal wall comprises two sets of muscles mirroring each other. These muscles comprise the internal and external obliques, the transversals, and the rectus abdominis muscles on each side of the body.
Epigastric hernias occur in the epigastric region of the abdominal wall. They are weak spots 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 due to a weak spot in the abdominal wall near the belly button. These hernias will frequently close on their own without surgery.
Spigelian hernias are hernias through the Spigelian fascia near the outside edges of the rectus abdominis or abdominal muscle. Weakened abdominal walls are the leading cause of this hernia.
Sometimes, surgery-related incisions can also lead to hernias. Incisional hernias occur when a surgeon cuts open the abdominal muscles to operate within the abdominal cavity, creating a weak spot. After surgery, the repaired abdominal muscles are left weak, increasing the chance of 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 where the esophagus passes through the abdomen from the chest.
- Hiatal hernias occur when the lower parts of the stomach and esophagus pass through to the chest via the diaphragm. This is the most common type of hiatal hernia.
- Paraesophageal hernias occur when the stomach herniates alongside the esophagus. This can lead to severe complications as the stomach can twist in on itself (volvulus).
Traumatic diaphragmatic hernias are usually the result of blunt force trauma, stab wounds, 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 form and close during fetal growth completely. This usually leads to complications of underdeveloped 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. Chronic coughing and frequent vomiting are repetitive stresses to the abdominal wall or stomach that weakens those muscles.
There are also risk factors unique to specific hernia types. 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 (caucasians 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—the repeated stress of lifting or moving something heavy causes this.
Surgical 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 surgical mesh repairs.
Native tissue repairs include several 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 kind 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 these materials had serious shortcomings. Usher then found a new material (Marlex) that seemed to have the properties needed and started to develop a woven mesh product from Marlex.
In 1958, Dr. Usher published his technique of using a permanent polypropylene mesh to cover the hernia defect and to help promote tissue growth, strengthening 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 started using large pore and lightweight meshes. While these lighter meshes were an improvement, there were still many serious complications occurring years after surgery. Some of these newer meshes have even been recalled in the past several years.
Don’t delay — there are deadlines. Your health and well-being matter.
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