Have you experienced chronic pain, infection, organ damage, bulging, bowel obstruction, or sexual dysfunction following a hernia mesh implant procedure? You are not alone. Over 21,000 hernia mesh lawsuits have been filed against three manufacturers for negligent design and failure to warn the public of known risks. Contact Marc Whitehead & Associates for a free consultation to learn more.
What Is Hernia Mesh?
A hernia occurs when muscles or connective tissues surrounding an organ weaken. When this happens, a body part may fall out of place and protrude abnormally, causing pain and limited mobility. During surgical repair, mesh is sometimes used to strengthen and support the repair while the tissues heal. Mesh can be made from synthetic material or animal tissue. It may be absorbed by the body over time or remain permanently in place.
What Are Common Product Defects in Hernia Meshes?
Hernia mesh lawsuits charge manufacturers with:
- Defective design: Hernia mesh manufacturers are held to a strict liability standard. They are liable for injuries when their design poses a foreseeable risk. Expert witnesses have testified that the insertion ring on C.R. Bard’s Kugel hernia mesh easily breaks and migrates elsewhere in the body, causing serious harm. Ethicon mesh is made with polypropylene, which can deteriorate, shrivel, and cause severe reactions.
- Manufacturing defect: Even well-designed products can fail when the manufacturing line deviates from specified standards. For example, Atrium’s C-Qur mesh was made in facilities that failed to meet U.S. Food and Drug Administration sanitation standards. In fact, one facility was shut down as a result. Similarly, C.R. Bard has been accused of using cheap, non-medical grade polypropylene that fails prematurely.
- Labeling defect: Failure to warn happens when manufacturers fail to disclose important risks that would allow doctors and patients to make informed decisions. Hernia mesh lawsuits accuse marketers of overselling medical devices as a cure-all while downplaying the risk of complications.
What Are the Dangers of Defective Hernia Mesh?
Defective hernia mesh can be extremely dangerous—and even fatal—when it fails. Patients have complained of internal bleeding related to mesh erosion, which prompted the need for invasive revision surgery. Every surgery increases a patient’s risk of infection, scar tissue, and abdominal wall weakness.
Other hernia mesh dangers include:
- Bowel obstruction caused by mesh migration, adhesion, or surgical error
- Chronic pain, particularly in the abdomen
- Fistula, which is an abnormal connection between vessels, organs, or tissues
- Organ damage in the abdominal wall, intestines, colon, bladder, or vessels
- Peritonitis infection caused by inflammation of the abdominal membrane
- Sepsis caused by perforations in the bowel, causing waste to leak into the blood
- Seroma—or fluid buildup at the surgical site
- Staph infection from being hospitalized and undergoing implant surgery
- Tissue death
In extreme cases, patients have died as a result of their injuries. Sometimes the mesh manufacturer is to blame, while other cases may involve a degree of medical malpractice and negligence from unsanitary equipment, failure to diagnose complications, or poor treatment.
What Are the Symptoms of Hernia Mesh Failure?
Early symptoms of hernia mesh failure include:
- Abnormal, heavy bleeding
- Bloating and constipation
- Bulging or severe swelling
- Chronic pain and weakness
- Fever, nausea, and infection
- Hernia recurrence or wound reopening
If you are experiencing any of these symptoms after hernia mesh surgery, see your medical provider without delay to obtain documentation of your injury. This file will be very important should you decide to file a defective medical device lawsuit later on.
Can I File a Hernia Mesh Lawsuit?
If you suspect the pain and harm you’ve suffered trace back to implantation with hernia mesh, you may have grounds to file a civil action. Every case is subject to a statute of limitations and the burden of proof. Contact a hernia mesh lawyer at Marc Whitehead & Associates as soon as possible for a free consultation to explore your legal options.
Brands Potentially Subject to Hernia Mesh Lawsuits
Manufacturers associated with mesh hernia lawsuit proceedings include:
- Atrium (C-Qur)
- C.R. Bard (multiple products)
- Covidien (multiple products)
- Ethicon (Physiomesh)
Even if you’re not sure which manufacturer made the mesh used in your surgery, it’s worth consulting with attorneys who can summon medical records from your surgeon with your permission. Hernia mesh lawsuit lawyers could help you determine what happened before, during, and after your implantation surgery that has led to your current condition. They can also help you obtain compensation to assist in healing if someone else’s negligence contributed to your suffering.
What to Know Before Filing
Many cases are still pending, but significant hernia mesh lawsuit settlement amounts have already been paid out.
As recently as August 2022, a Rhode Island Superior Court jury awarded a patient $4.8 million for failing to warn of a known defect in his Davol hernia mesh kit. In May 2022, Florida jurors awarded a plaintiff $250,000, while another plaintiff won a $184 million defective device lawsuit. Last year, victories included $117 million, $610 million, and $1.6 million.
The wide-ranging results suggest the need to obtain expert legal counsel that can bring in witness testimony that builds a strong claim for your compensation.
Before filing, you must meet several basic criteria:
- You must have received mesh during surgery, which directly caused an injury.
- You sustained financial, emotional, or physical damages due to the mesh defect.
- You are within your state’s statute of limitations, which could be as short as two years.
- You can confirm the date of your surgery, surgeon, and other medical details.
- You are prepared for the long haul with an individual trial, as this is not a class action.
Contact us at Marc Whitehead & Associates
The best way to move forward is to speak with an experienced attorney who can provide information and expert guidance. We’ve handled cases like yours, and we’re here to help. Schedule a free case analysis–there is no obligation to hire us afterward. And since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries. We look forward to hearing from you.