Know Before You File – Hernia Mesh Lawsuits
Have you been injured by hernia mesh? Are you eligible to file a lawsuit for compensation? Well, we're here to help you find out. So, let's talk about the information you need to know before you file.
Unfortunately, there are times, when hernia mesh implants can cause all sorts of complications. Recent cases have shown hernia mesh implants causing serious complications to patients, and an analysis of the side effects shows these meshes can do more harm than good.
There is difficulty in attempting a one-size fits all approach, as everyone’s body is different. Different mesh designs aim to improve the odds of rejection from a patient's body. This goal, however, has not been completely successful.
Some meshes are reported as moving, or disintegrating causing excruciating pain, infection, and/or hernia recurrence. Some meshes have been recalled by the FDA, but not before hundreds, or even thousands of patients already had them implanted in their body.
So if you think you may have a case, here is what you should know before you file a hernia mesh lawsuit.
Things to know before you file a hernia mesh lawsuit
out the manufacturer of your hernia mesh.
It's really important to know the manufacturer of your mesh implant. There are current lawsuits against companies like Ethicon and Atrium. Meshes from the following companies have been known to be problematic: Physiomesh (Ethicon), C-QUR (Atrium), Bard 3D-Max
- You will need the date of your surgery.
You will need to know the date and place of your surgery, which surgeon performed the surgery, and what other medical personnel were present in the room with you. 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 concerning your potential claim.
- Determine your eligibility.
Find out (through an attorney) if you are eligible to file a legal claim for compensation. Eligibility criteria can have restrictive guidelines and deadlines associated with filing a lawsuit. Your legal rights can even be impacted by where you live. A free consultation with an experienced attorney can get you answers fast.
- Act quickly, time is of the essence!
Any legal claim for compensation needs to be filed in a certain amount of time. Procrastination is never your friend when legal rights are at issue. So act quickly, and do not put off what needs to be done.
an experienced attorney.
Finding the best attorney for your situation is critical. There are attorneys with significant experience in mesh 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? What is their track record? 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 will also be able to get a better sense of how hard he or she might work for you.
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are the Victim
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.
Big corporations should never escape accountability for harming people when they place profit over safety. Finding the right attorney can help ensure this never happens.
Search, and remain vigilant in your mission to be fairly compensated. Hiring the right attorney for your needs, matters. You want an attorney who will care about you and the things you are going through. Don't delay, call and talk to a friendly mesh lawyer. It's free and there is no obligation.
You need to find someone who cares and is going to fight for you, with the same fierceness they would for a loved one.
The Dangers of Polypropylene Hernia Meshes
While there have been great advancements in modern medicine, there have also been questionable solutions. One of those is using surgical polypropylene mesh in hernia repairs. If you've been injured by a hernia mesh product and had follow-on operations (revision surgeries), you now have the opportunity to fight back. By filing a hernia mesh lawsuit, you could obtain a settlement or judgment will recover your financial losses and compensate you for pain and suffering.
To begin, having the correct information is power. When it comes to hernia-related surgery complications, we need to back up and evaluate what actually happened. So, let’s back up and first talk about what is a hernia.
What is a Hernia?
A hernia is the bulging of fatty tissue or an organ. A hernia will push through 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. Hernias can be present at birth or "congenital". If they are formed after, they are considered "acquired" hernias.
The Different Types of Hernias.
· Epigastric - Epigastric hernias are the result of fatty tissue pushing through the abdomen. Its location is between the belly button and the sternum (breastbone).
· Femoral - Femoral hernias are the result of fatty tissue, or bowel pushing through a weak spot. A femoral hernia protrudes into the groin region near the top of the inner thigh.
· Hiatal - These hernias are the result of the stomach pushing upward into the chest area. Moving through the opening in the diaphragm, these hernias are thought to affect over one-third of people over the age of fifty.
· Incisional - Incisional hernias are the result of incisions, usually from surgery. The fatty tissue pushes through a surgical wound located in the abdomen area.
· Inguinal - These hernias are the most common of all hernias, and are in relation to part of the bowel moving into the groin area via the abdomen. 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 are usually the result of a sports injury. Here, the muscle pushes through into the abdomen area.
· Spigelian - Spigelian hernias are the result of part of the bowel pushing through into the abdomen region by a stomach muscle. Its location is below the belly button.
· Umbilical – These hernias are located near the belly button. They are in relation to fatty tissue or part of the bowel pushing through the abdomen.
Complications from Hernia Mesh Implants
Most of the symptoms from mesh-related complications are mesh migration, shrinkage, pain, hernia recurrence, infection, adhesion, and bowel restriction. Read about other hernia mesh complications
Additional Information on Hernia Types and Treatment
Abdominal hernias are the result of 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 within the abdominal cavity to push through the weakened area, or herniate.
Abdominal and Pelvic Floor Hernias
The most common of the 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, thereby, pain follows.
Inguinal hernias are more likely to be found 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 are more likely to 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. Due to the fact women tend to have wider bone structuring, they are 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. Much like the reason women are more likely to develop a femoral hernia, a wider bone structure is the cause. Major weight loss is also known to cause an obturator hernia.
Abdominal Wall Hernias
Mirroring each other, the abdominal wall is comprised of 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.
In infants, epigastric hernias occur because of a weakness in the midline of the abdominal wall. This is located between the breastbone and belly button where two rectus muscles join together. Later in life, a bulge may form in the upper abdomen; revealing the existence of an epigastric hernia. Often not in need of treatment, are umbilical hernias found in newborns. These hernias can cause abnormal bulging in the belly button area. Sometimes, complications can occur which requires medical intervention, but more times than not, newborn-related umbilical hernias do not require any medical attention.
Rare, Spigelian hernias occur near the outside edges of the rectus abdominis. Weakened abdominal walls are the main cause of this hernia.
Sometimes, surgery-related incisions can be the birthing chamber for a hernia. Incision hernias can occur when a surgeon must cut open the abdominal muscles; in order, to operate within the abdominal cavity. After surgery, the repaired abdominal muscles are left weak, thus, the chance for herniation increases.
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.
Sliding 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.
Paraesophageal Hernia – Occurs when stomach herniates alongside the esophagus. This can lead to serious complications; as the stomach can, literally, twist in on itself (volvulus).
Trauma-based wounds can cause traumatic diaphragmatic hernias. Usually,
as a result of blunt force trauma, stab wounds, and/or gunshot wounds, traumatic
diaphragmatic hernias are from the tearing, or ripping in the area. These hernias
can form at the time of injury, or later.
Congenital diaphragmatic hernias are rare. These are caused by the failure of the diaphragm to completely form and close during fetal growth. This usually leads to complications of non-fully developed lungs, or lung-related issues later on.
Risk Factors Associated With Developing a Hernia
· Abdominal surgeries can be the cause of incision hernias.
· Abdominal masses can be another source for risk factors associated with hernias. Masses, such as ovarian cysts and gallbladder-related cysts are the typical cause.
· Abnormal gathering of fluid in the abdominal region (ascites). The most common factor for ascites is high blood pressure in the veins; normally, from cirrhosis.
· Chronic disorders, such as a chronic cough or chronic constipation can cause hernias. Mainly from the persistent overstressing caused by having the condition.
· Peritoneal dialysis is known to be the culprit of hernia-related conditions. Either from using catheters or from catheter-related infections, the added stress in the abdominal area can cause a hernia.
· Pregnancy is a known cause in relation to hernias being formed. The risk increases with multiple pregnancies.
· Recurring vomiting is a cause for developing a hernia. The repeated stress of abdominal retraction and contraction can traumatize the abdominal area. This, in turn, can weaken the abdominal walls, thereby creating an environment ideal for herniation.
· 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
There are two types of treatments available for hernias: non-mesh and mesh. 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.
Before 1958, hernia repair surgery consisted of sutures. In 1958, however, Dr. Francis Usher published his technique, called "tension-free". In his technique, Dr. Francis used an implant. A permanent polypropylene mesh is inserted to cover over the hernia defect and to help promote tissue growth as well as allow a more solid solution against recurrent hernia developments.
Thirty years later, this tension-free technique led to the Lichtenstein repair. This would become the popularized choice for hernia mesh repair. The belief was that the strongest of mesh builds would cause the most fibrosis (growth of connective tissue). This, however, did not work as planned. Patients complained of pain, and restriction of movement. In 1998, light-weight meshes were introduced. While these lighter meshes made some improvements, we are still seeing significant numbers of serious side-effects occurring many years after surgery and a number of these meshes have been recalled in the past several years.
You can read more about these complications, or if you are ready to find out if you have a claim for compensation, contact us now for a free, no obligation consultation. Don't delay. Your health and well-being matters.