Hernia Mesh Failure Lawyers Representing People With Failed Implants (2020 Updates)
Severe Medical Complications with Hernia Mesh Surgeries
Serious complications experienced by patients receiving hernia mesh implants have led the U.S. Food and Drug Administration (FDA) to recall some mesh devices. In response, plaintiffs have filed thousands of product liability lawsuits across the United States.
The hernia mesh erosion attorneys at Rosenfeld Injury Lawyers LLC are currently accepting cases involving clients who were injured after having a hernia repair surgery.
Since the 1980s, hernia mesh implants have been routinely used to repair abdominal hernias surgically, but medical device manufacturers have long known of their dangers. Even so, they continue to sell their products to an unsuspecting public even though they know or should know that some of the materials used in the implants have been proven unsafe in humans.
The polypropylene used in manufacturing many popular hernia mesh devices has been linked to complications and erosion that contribute to including internal bleeding and the need for corrective surgery.
Are You at Risk for Medical Complications With a Defective Hernia Mesh Product?
The failure rate for hernia mesh implants is significantly higher than was expected when the FDA first approved these devices. Patients with these implants often experience one or more severe side effects such as bowel obstruction, infection, chronic pain, scar tissue, and even organ damage.
The FDA has directly recalled or called on the company to recall some mesh devices from the market voluntarily. Also, medical malpractice and product liability attorneys across the U.S. have filed thousands of hernia mesh lawsuits as a result of defective designs and faulty device materials.
Legal claims are currently being filed against numerous mesh device makers for their failure to warn patients and doctors of the health risks associated with defective hernia mesh implants. Anyone who suffered an injury after a hernia was repaired using an abdominal mesh patch might be at risk of additional harm.
If you developed a severe internal injury or your loved one died from hernia mesh complications, contact an experienced hernia mesh attorney Rosenfeld Injury Lawyers LLC (888-424-5757) now to discuss your legal options. You might be entitled to receive significant financial compensation.
Our legal team has helped many clients win the financial recovery they deserve. It is critical to take legal action before your state statute of limitations expires. This article will address the following questions:
What is Hernia Mesh?
Mesh is a synthetic material used to repair muscle tears in the abdominal wall that have usually taken many years to develop from muscle strain, injury, or aging.
The use of abdominal mesh material for repairing hernias became popular in the 1980s.
During the initial stages of a muscle tear, the rip can be minuscule. However, with a prolonged weakening of the abdominal wall, the tear becomes significantly bigger, causing the muscle to no longer be able to support the body's internal organs, especially the intestines.
Hernias are often detected when the stomach, intestines, or other organ protrudes through the abdominal muscle wall. For decades, surgeons sewed the torn area back together. However, the abdominal wall might continue to weaken after the simple repair and cause a larger rip in the same location.
This recurrence of a torn abdominal muscle and peritoneum (lining of the abdominal wall) could cause a small hernia with an intestinal bulge to develop into a large hernia where loops of the intestine are pushed through the muscle. In some severe cases, the intestines would become pinched in the muscle wall (strangulated hernia).
What are the Medical Treatment Options for Hernia Patients?
About 800,000 hernia repair surgeries are performed every year in the United States. However, many hernias do not require surgery at all. The patient, under their doctor's supervision, can wait and see if the problem worsens and becomes a significant health issue.
In many cases, the patient can forgo surgical repair. When surgery is necessary, a doctor might recommend one of several procedures depending on the patient's health and the severity of the abdominal tear:
- Laparoscopy — Several small incisions are made in the abdominal wall where the surgeon can insert tools and repair the damaged muscle. A hernia mesh can also be installed during a laparoscopic procedure.
- Open surgical repair — A larger incision is made in the skin above a hernia to repair the weakened muscle using a mesh with sutures, or only sutures (primary closure). This type of procedure is often the first choice in repairing small hernias, hernias of the groin in newborns, or infected and "strangulated" hernias that are common in adults.
These repairs do not include hiatal hernia surgeries when a thin muscle separates the abdomen connective tissue from the chest.
Mesh With Sutures Repairs
By the turn of the millennium, "mesh with sutures" repairs represented more than ninety percent of all abdominal wall surgeries using open surgical repair techniques. Surgeons often choose mesh products for corrective surgery because studies have shown an improvement in patient outcome, decreased surgery time, and minimal recovery time.
Surgeons will elect to use mesh to repair various hernia types, including:
- Incisional — A hernia will develop at an old surgery site or incision
- Umbilical — This type of tear occurs near or inside the belly button (navel)
- Bilateral — Bilateral hernias develop on both the right and left side of the abdominal wall
- Femoral — A femoral hernia develops high in the leg area and usually inside or at the front of the thigh
- Inguinal — Many adults and newborn infants develop these hernias in the groin area
- Recurrent — When the original repaired abdominal wall tears again in the same location often leading to abdominal pain
However, there are still significant problems with choosing the wrong surgical approach. The use of mesh material known to be defective in some patients can prove devastating to those who suffer serious side effects after the operation.
The FDA has received many reports of severe complications and adverse events from patients who have undergone hernia repair using surgical mesh. The agency has either recalled some mesh devices directly or encouraged manufacturers to pull their products from the marketplace voluntarily.
In 2018, the FDA acknowledged that despite reduced rates of hernia recurrence with mesh products, there are situations where their use may not be recommended. Additionally, there can be severe complications, including organ perforation or bowel perforations, when performing a hernia repair.
Typically, the complication as a result of an improper surgical technique, incorrect mesh placement, or failure of the mesh device. These problems can occur with nearly any type of mesh device or tool used to repair most types of hernias, including:
- Ethicon Physiomesh (Johnson & Johnson)
- C-QUR Mesh (Atrium Medical)
- Covidien (Medtronic)
- Ventralex ST (Bard)
- Davol (Bard)
- Sepramesh (Bard)
Additionally, some injured victims suffered from seroma after undergoing their hernia mesh device surgical procedure. A seroma includes a buildup of fluid under the skin surface typically at the surgical incision site or in an area where the surgeon removed tissue.
What are the Possible Medical Complications With Hernia Mesh?
Many physicians promote the health benefits of using mesh to repair some hernias because of the quick results and shorter recovery time compared to other surgical techniques.
According to a 2012 article in the Journal of the American Medical Association, surgeons use a prosthetic mesh on nearly 200,000 patients every year undergoing elective incisional hernia repair.
Unfortunately, over time the suture or mesh product can shrink or move, leading to serious health problems that require corrective surgery. There have been significant mesh failure issues with the polypropylene coating used to make hernia mesh devices, which can be especially hazardous if the mesh perforates organs, tissue, veins, or arteries and leads to sepsis (a life-threatening blood infection).
In other cases, the mesh device degrades and can cause severe complications and immune responses. Biological implants and polypropylene mesh fibers can become entwined in the body's organs and surrounding tissue and cause catastrophic injuries and even lasting disability.
For years, patients have reported problems after undergoing hernia mesh surgery procedures. The most typical signs that something is wrong with the device can include:
- Chronic pain and discomfort at the surgical site
- The development of abscesses or infections at the surgical site, sometimes accompanied by swelling, fever or severe headaches
- Recurrence of an original hernia
- Allergic reaction to the synthetic properties of the mesh device
- Organ puncture or perforation
- Autoimmune disorders when antibodies attack the synthetic mesh
- Significant changes in bowel function including diarrhea, severe constipation, and even total bowel obstruction as a result of the mesh attaching itself to the bowel
- Rashes that develop as a reaction to specific mesh material including Ventralex and V-Patch
- Pain during sexual intercourse (in males) after an inguinal hernia repair when the mesh attaches to the spermatic cord, which might require testicle removal
- A fistula that develops from a severe hernia repair-associated infection
- Neurological changes that have been identified through CT scans
- Debilitating pain in the testes, groin or leg area
- Renal (kidney) failure in patients who underwent procedures with large coated mesh material implantation
- A meshoma condition where the mesh migrates, bunches up, or contracts and forms a tumor-like structure
- Joint pain and aches that are often the result of systemic inflammation and a weakened immune system reacting to the mesh material
- Abnormal sweating caused by a deep underlying infection or autoimmune response
If you or a family member has experienced any hernia mesh complications, speak with an attorney who can advise you of your legal rights and options, including joining a lawsuit against the manufacturer.
What are the Symptoms of Hernia Mesh Problems?
Many physicians who perform elective hernia repair surgery often use a mesh product to reduce the recurrence of hernias months or years later when exertion is placed on the abdominal wall. However, the mesh can cause infection, pain, adhesion, bowel obstruction, and hernia recurrence.
Many patients experiencing a failure of the hernia mesh experience:
- Vomiting and fever
- Prominent bump or lump at the original hernia site
- Soreness or warmth at the surgical site
- Bloating caused by the inability to move their bowels
Can Mesh From Hernia Repair Cause Problems?
Within a few months after undergoing a hernia repair, the mesh can shrink or migrate, moving to other areas in the body. In some cases, the mesh perforates the abdominal wall, intestines, or other organs.
The Food and Drug Administration has issued recall notices due to concerning problems of defective mesh products.
What Hernia Mesh is Being Recalled?
The Food and Drug Administration has recalled numerous hernia mesh brands, including those manufactured by Atrium Medical, Bard Davol, and Ethicon. Since 2005, these major medical device companies pulled over 200,000 hernia mesh medical devices from the medical marketplace.
Should I Have My Hernia Mesh Removed?
The first step in deciding whether you should have your hernia mesh removed is to talk to your doctor to determine if the complications or symptoms are experiencing is caused by the product.
While removing the mesh might be the best option, it also comes with inherent risks, like all surgeries. It might be challenging to determine if the mesh repair product is defective, or if the surgeon will perform the repair is guilty of medical malpractice.
Can a Hernia Mesh Cause Pain Years Later?
Many patients who have undergone a hernia mesh surgical procedure have reported severe pain, hernia recurrence, abdominal tenderness, and failure of their mesh product. Nearly any symptoms associated with hernia mesh can develop weeks, months, or years later.
Immediate medical attention is required in severe cases that could be deadly without a doctor's intervention.
Who Manufacturers Hernia Mesh Patches?
The leading makers of hernia mesh patches and devices that currently sell or have sold their products in the United States include:
- Atrium Medical Corporation
- Atrium's C-QUR Hernia Mesh
- C. R. Bard
- Onflex Mesh
- Ventrio Patch
- Ventrio ST Patch
- Ventralex Patch
- Parastomal Patch
- Coviden Parietex Mesh
- Johnson & Johnson (Ethicon)
- Proceed Hernia Repair Surgical Mesh
- Ethicon's Physiomesh
- Propylene Polypropylene System
- PVP Hernia Repair Devices
- Ultrapro Hernia Repair Plugs
- Ultrapro System
- Partially Observable Ultrapro Hernia Repair Mesh
- Polyester Mesh
In recent years, all these manufacturers have experienced legal issues over medical complications associated with their products. Both Johnson & Johnson and Atrium have recalled their devices because of patient complications.
There are various litigations (class action lawsuits and multidistrict litigation lawsuits) related to the above products. Contact a hernia mesh attorney at Rosenfeld Injury Lawyers LLC for more information.
Which Hernia Mesh Devices Have Been the Subject of Recalls and FDA Actions?
The FDA and mesh device manufacturers have recalled numerous hernia mesh products. In 2016, Johnson & Johnson subsidiary Ethicon, Inc. launched its Physiomesh Flexible Composite Mesh, which is used in laparoscopic hernia repairs.
Since then, there has been an unacceptable increase in life-threatening complications in patients who underwent procedures with this device, many of whom required additional surgeries to correct the problem. Atrium Medical Corp. sold its C-QUR Hernia Mesh between 2006 and 2015.
A few years ago, FDA regulators forced its manufacturing facility to shut down under a court order, noting the company's repeated failures to correct major sterilization problems that compromised patient safety.
While Atrium's recalled products are off the market, many patients who underwent hernia surgery still have the company's implanted Vpatch, FXpatch, Mosaic Mesh, Texshield, and Film Mesh, which were all recalled.
It is not uncommon for years or decades to pass before mess patients start experiencing any severe injuries or complications after their mesh implantation. Consequently, even if you had surgery years ago, you may qualify for a hernia mesh lawsuit against the manufacturer.
Learn more about your legal rights with a consultation with our medical device attorneys.
Why is it Necessary to File a Hernia Mesh Lawsuit?
If you have undergone a painful secondary replacement surgery to repair or exchange your defective hernia mesh, you have legal rights to seek compensation for your harms. Your surgeon decided to use a medical device the manufacturer likely knew was defective, and you are suffering the consequences of someone else's decision.
Filing a hernia mesh claim or lawsuit against those responsible for your injuries can provide you funds to cope with your mounting medical expenses in the time you will need to recover fully. Rosenfeld Injury Lawyers can help you recover the compensatory damages you deserve under the law.
Filing a claim directly against the device manufacturer avoids the complicated route of participating in a mass tort class-action suit.
Our team of dedicated hernia mesh attorneys understands that many medical device manufacturers place profits ahead of patient safety. Our attorneys have handled many hernia mesh cases just like yours, and we will successfully resolve your case by holding those legally responsible for your harms financially accountable.
Let us deal directly with the manufacturer, surgeon, and their insurance companies. Resolving personal injury, product liability, medical malpractice, and wrongful death cases are all we do. Our law firm is proud to represent people in different litigations related to hernia mesh complications resulting in revision surgery.
What Financial Payouts Have Resulted From Hernia Mesh Lawsuits?
Many patients who have suffered complications after undergoing hernia repairs using mesh devices have filed lawsuits against the manufacturers. Mesh patients usually ask their attorneys how much financial compensation they can expect to receive from a successful hernia mesh lawsuit and what the typical payouts are in hernia mesh settlements and jury awards.
Hernia mesh lawsuits are usually resolved in a negotiated out-of-court settlement, especially after plaintiffs in similar cases have obtained a large jury verdict award. Litigation associated with nearly every FDA hernia mesh recall is initially resolved through what are called "bellwether" trials.
In these cases, the injury lawsuits will be consolidated in multi-district litigation (MDL) in a single court to help judges, defendants, and plaintiffs better understand the value of similar cases. Many of these lawsuits have resulted in millions of dollars in monetary recovery placed in a compensation fund, which is then divided up and paid out to multiple plaintiffs.
That said, there are still individual cases where one plaintiff sues the mesh device manufacturer to resolve their case more quickly. The mesh manufacturer C.R. Bard has settled more than 3,000 lawsuits involving its Composix Kugel Hernia Mesh Patch for $184 million.
The FDA recalled the popular device in 2005, 2006, and 2007. Even after the recalls, Bard continues to face additional lawsuits over the defective product, along with its vaginal mesh devices, which are implanted for the treatment of female incontinence. As more cases get resolved, we will update this webpage on the status of hernia mesh litigation.
How Much is my Hernia Mesh Erosion Case Worth?
Nearly every client wants to know how much their hernia mesh injury case is worth. The answer can be as broad as the types of problems every injured plaintiff can experience. Predicting the financial settlement or jury trial award in a specific case can be challenging. Our firm will look at a range of factors to determine the value of your case:
- The material used in your hernia mesh device and if it was recalled voluntarily by the hernia mesh manufacturer or by the FDA
- The nature and extent of your injuries
- Your medical expenses
- How the complications from your injuries impact your daily quality of life
- The severe pain and suffering you have experienced
- Other damages including lost wages and lost future income if you have been unable to return to work
Speak directly to a lawyer today to learn more about your litigation options related to defective hernia mesh products.
How do I Take the First Step Towards Filing a Hernia Mesh Lawsuit?
The complications that arise out of a hernia mesh repair can undermine your quality of life and leave you grappling with chronic pain, discomfort, inflammation, and other physical problems. Don't worry if you don't know what type of hernia mesh device was used in your surgical procedure.
Our hernia mesh attorneys can obtain all the information we need to build a solid case for you.
You deserve to hire an experienced legal firm that specializes in cases involving personal injury, medical malpractice, product liability, and adverse health effects from medical devices. Rosenfeld Injury Lawyers represents people injured by medical procedures. We provide free case consultation and urge you to call us today at (888) 424-5757.
Our hernia mesh lawyers have fought hard for clients who have been harmed by medical devices and have won millions to ensure their families are protected. We work on a variety of product liability cases, including those involving transvaginal mesh, hernia patches, hernia mesh, and pelvic mesh products.
We never ask our clients to pay upfront fees. Instead, you pay our legal team only after we have successfully resolved your lawsuit and obtained compensation on your behalf. If we do not win your case or negotiate an acceptable settlement on your behalf, you owe us nothing for our services.