HERNIA MESHES LINKED TO SIDE EFFECTS, REVISION SURGERIES

Thousands of people have filed a hernia mesh lawsuit seeking compensation for serious complications and side effects.

Hernia mesh complications and side effects include chronic or intermittent pain, mesh movement or migration, attaching to nearby bowels or organs, shrinkage and disintegration, infection, bowel obstruction, hernia recurrence, protrusion or perforation, and additional surgeries.

The FDA has initiated some hernia mesh recalls and manufacturers have “voluntarily” recalled or removed from the market certain hernia mesh brands. Many other types of hernia mesh continue to be sold and implanted.

Here are five things you should know before you file a hernia mesh lawsuit.

What to know before you file a hernia mesh lawsuit

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
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.
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.
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.
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. 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.

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.

Right now we are taking cases from hernia mesh victims in all 50 states.

HERNIA MESHES LINKED TO SIDE EFFECTS, REVISION SURGERIES

In May 2016, Ethicon—a subsidiary of Johnson & Johnson—pulled its Physiomesh Flexible Composite Hernia Mesh from the market due to high revision rates and hernia recurrences after hernia repair surgeries. Ethicon said these complications were a “multifactorial issue” that could include “product characteristics.”

Seven months later, health officials in Europe and Australia recalled Physiomesh for the same reasons, citing side effects such as bowel obstruction, pain, seroma (buildup of fluid in tissue or organ), and hernia recurrence. By this time, many patients in the U.S. had already filed lawsuits against Ethicon/J&J.

Patients have also filed lawsuits against Atrium, which manufactures the C-Qur hernia mesh that has allegedly caused serious side effects as well. According to plaintiffs, the C-Qur mesh is coated in Omega 3 fish oil, which may cause an allergic reaction in some patients.

Some say that their bodies rejected the C-Qur mesh because of the fish oil. Others say that the polypropylene mesh floated away from its designated tissue and became a foreign object, in some cases even adhering to other organs. They say that this resulted in subsequent revision surgeries to remove the rogue mesh.

While Atrium has not officially recalled its C-Qur mesh, lawsuits allege that it issued a “stealth recall” by quietly ceasing production of the mesh due to reports of adverse complications.

HERNIA MESH LAWSUITS

Hernia mesh lawsuits generally make claims for some combination of the following:

Defective design and/or manufacturing
Failure to warn
Negligence
Loss of consortium
Punitive damages
Attorney fees

These lawsuits seek compensation for the following damages:

Medical expenses
Lost wages (past and future)
Loss of earning capacity
Pain and suffering

Why Are People Suing?

Using surgical mesh to repair a hernia isn’t new. While the materials might change, the surgery is one of the most popular ways to address a hernia. In fact, by the 2000s, mesh repairs accounted for more than 90% of groin-area hernia surgeries. A successful procedure reduces recovery time and can limit complications.

But reducing complications isn’t the same thing as eliminating them. Patients can still experience pain, infection, or hernia recurrence. In some cases, these complications occur due to a defective mesh. Companies that surgical design materials have a responsibility to make their products safe. If they sell something defective, they have to issue a recall. By the time most companies do this, however, thousands of patients might already have the mesh inside them.

Recently, patients who received Physiomesh or C-Qur reported a high number of complications. These are two popular brands of surgical mesh used to repair groin hernias. Ethicon’s subsidiary Johnson & Johnson makes Physiomesh, while Atrium Medical Corporation manufacturers C-Qur. Both devices are currently under recall due to patient complications.

Defective hernia mesh can lead to painful, often expensive, complications. To repair or replace the mesh, a patient will have to undergo at least one extra surgery. This means more time out of work and months of recovery. This costs a lot of money, money that you shouldn’t have to pay. If you’re suffering because of your hernia mesh, you have the right to sue.

How Much Can I Get?

Every personal injury lawsuit is different, and the amount of compensation you’re entitled to depends on the details of your claim. If a lawyer sues a hernia device manufacturer on your behalf, they base how much they seek based on a few factors, including:

Medical bills
Lost wages due to illness
Pain and suffering

In 2017, several class action claims came out against large surgical mesh manufacturers. These cases are still pending. However, in 2011, C.E. Bard announced that they would settle hernia mesh claims for $184 million dollars.

Lawsuits about surgical mesh aren’t limited to hernia repair, however. In 2017, several manufacturers lost multi-million dollar claims for the transvaginal mesh.