Hernia Mesh Lawsuit
You were surgically implanted with a hernia mesh product, but you have been experiencing complications.
Thousands of people are suing the manufacturers for defective designs and failure to warn patients about risks. Many of these lawsuits are part of one federal multi-district litigation (MDL).
Were you or someone you love injured by a hernia mesh device? Contact our personal injury attorneys at Rosenfeld Injury Lawyers, LLC today! We can help answer your questions about your case and discuss whether filing a lawsuit is right for you.
No cost or obligation - we'll get started on your case immediately if it makes sense to do so. Call our defective medical device lawyers at (888) 424-5757 (toll-free phone call) or use the contact form today to schedule a free consultation.
Hernia Mesh Defect Attorneys for People with Medical Complications
If you have an implant, it may be causing painful complications and side effects.
The FDA has issued multiple warnings about the risks of these devices. In fact, in 2016, they recalled all transvaginal meshes manufactured by Johnson & Johnson subsidiary Ethicon because of safety concerns. And yet the products are still being used today, and thousands more patients continue to suffer from their use.
You might be able to bring a lawsuit against the company that made your hernia mesh device implant if you experienced complications or side effects due to its use.
There is currently an MDL (multidistrict litigation) pending against multiple manufacturers, potentially leading to settlements for victims who file lawsuits before certain deadlines pass this year and next year.
Serious complications experienced by patients who had mesh devices implanted have led the U.S. Food and Drug Administration (FDA) to hernia mesh failure recall involving some devices.
In response, plaintiffs have filed thousands of hernia mesh implant lawsuits across the United States. These surgical mesh lawsuits are progressing through the justice system right now.
This opportunity means there is still time for victims like yourself to seek justice without having to go through the expense and stress of resolving a hernia mesh settlement on your own!
Hernia Mesh Attorney
The hernia mesh erosion attorneys at Rosenfeld Injury Lawyers LLC are currently accepting cases involving injured clients after having a hernia repair surgery. Contact our law firm today for a free case evaluation so you can file a claim.
Since the 1980s, hernia mesh has been routinely used to repair abdominal hernias surgically, but medical device manufacturers have long known 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 implant have been proven unsafe in humans.
The Dangers of Hernia Mesh Products
The polypropylene used in manufacturing many popular mesh implants has been linked to complications and erosion that contribute to internal bleeding and the need for hernia repair surgery.
The failure rate for defective hernia mesh devices is significantly higher than was expected when the FDA first approved these devices. As a result, 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, personal injury and product liability attorneys across the U.S. have filed thousands of hernia mesh lawsuits due to defective designs and faulty device materials.
Hernia Mesh Injuries Are Leading to Lawsuits across the United States
Legal claims are currently being filed against numerous mesh device makers for failing to warn patients and doctors of the health risks associated with defective hernia mesh products.
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 at Rosenfeld Injury Lawyers LLC (888-424-5757) now to discuss your legal options.
You might be entitled to receive significant financial compensation for your mesh injuries.
Our legal team has helped many personal injury clients win the financial recovery they deserve for pain and suffering and medical bills related to the negligence of others.
It is critical to take legal action and file a lawsuit before your state statute of limitations expires. Contact a hernia mesh lawyer for a free hernia mesh case evaluation.
What is Hernia Mesh?
Mesh is a synthetic material used to repair muscle tears in the abdomen wall that has usually taken many years to develop from muscle strain, injury, or aging.
The use of polypropylene mesh material for repairing inguinal hernias became popular in the 1980s. Its popularity has continued to grow despite surgical complications.
During the initial stages of a muscle tear, the rip can be minuscule. However, with a prolonged weakening of the abdomen, the tear becomes significantly bigger, causing the muscle to no longer support the body's internal organs, especially the intestines.
When Hernia Revision Surgery Is Necessary
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 abdomen might weaken after the simple repair and cause a larger rip in the same location.
This recurrence of a torn abdominal muscle and peritoneum (the connective tissue 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 addition, in some severe hernia mesh cases, the intestines would become pinched in the muscle wall (strangulated hernia).
Medical Treatment Options for Hernia Patients
About 800,000 hernia surgeries are performed every year in the United States. However, many inguinal hernias do not require surgery at all.
Under their doctor's supervision, the patient can wait and see if the problem worsens and becomes a significant health issue. Then, in many cases, the patient can forgo surgery.
When Are Hernia Meshes Used?
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 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 common in adults.
These repairs do not include hiatal hernia surgeries when a thin muscle separates the abdomen connective tissue from the chest.
Surgical Mesh with Sutures Repairs
By the turn of the millennium, 'mesh with sutures' repairs represented more than ninety percent of all abdominal surgeries using open repair techniques.
Surgeons often choose mesh products for corrective surgery because studies have shown improved patient outcomes, decreased surgery time, and minimal recovery time.
It now seems to be the past and future way of hernia procedures. However, it also causes surgical complications.
Doctors implant a synthetic plastic material into your body in hernia mesh surgery. It is the same time as the material used in bottles and piping.
While manufacturers have promised that the material is inert, there have been countless hernia mesh cases of patients developing infections after the surgery.
Different Types of Hernia Procedures
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 sides of the abdominal wall
- Femoral: A femoral hernia develops high in the leg area and usually inside or at the front of the upper thigh
- Inguinal: Many adults and newborn infants develop these hernias in the groin area
- Recurrent: When the originally repaired area tears again in the same location, often leading to abdominal pain
The Risk of Serious Hernia Mesh Complications
However, there are still significant problems with choosing the wrong surgical approach. For example, using an implant known to be defective in some patients can prove devastating to those who suffer serious side effects after the operation.
In many ways, a mesh device can take what is supposed to be a routine solution to a minor problem and turn it into a situation that can ruin the patient's life.
The FDA has received many reports of severe complications and adverse events from patients who have undergone hernia repairs using surgical mesh. As a result, the agency has either recalled some mesh devices directly or encouraged hernia mesh device manufacturers to pull their products from the marketplace voluntarily.
The FDA Has Some Reservations About Hernia Surgical Mesh
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.
Despite industry surgical guidance, it has made mesh the default choice for every procedure. Surgeons are taught to use hernia mesh in every surgery unless there is a good reason otherwise.
While this is easy for doctors and profitable for manufacturers, it is not always the best thing for the patient.
Additionally, there can be long-term complications from the mesh, including organ perforation or bowel perforation, when performing hernia repairs.
Typically, the complication results from 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 C Qur Medical)
- Covidien (Medtronic)
- C.R. Bard
- Ventralight St
- Ventralex ST (C.R. Bard Davol)
- Davol (C.R. Bard)
- Physiomesh Flexible Composite
- Parietex Composite
- Composix Kugel Mesh
- PHS (Prolene Hernia System)
- Perfix Plug
- Atrium C Qur
- Sepramesh IP Composite Mesh (C.R. Bard)
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 Mesh Products?
Many physicians promote the health benefits of using mesh to repair some hernias because of the quick results and shorter recovery time than other surgical techniques.
Risks of Hernia Meshes Causing Severe Side Effects
Unfortunately, the sutures or mesh products can shrink or move over time, leading to serious health problems requiring revision surgeries.
There have been significant mesh failure issues with the polypropylene coating used to make 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 hernia mesh cases, the device degrades and can cause severe complications and immune responses. In addition, biological implants and polypropylene mesh fibers can become entwined in the body's organs and surrounding tissue and cause severe injuries and even lasting disability.
It is nearly impossible for a surgeon to extract the mesh in this case. As a result, patients require multiple surgeries for recurrent hernia problems after years of constant and never-ending pain.
Hernia Surgical Mesh Implants Have Caused Problems for Years
For years, patients have reported complications after undergoing hernia surgical 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
- Hernia recurrence
- Allergic reaction to the synthetic properties of the mesh device
- Organ puncture or bowel perforation
- Autoimmune disorders when antibodies attack the synthetic mesh
- Significant changes in bowel function include 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 the 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 are often the results of systemic inflammation and a weakened immune system reacting to the composite mesh material
- Abnormal sweating is caused by a deep underlying infection or autoimmune response
File a Hernia Mesh Implant Lawsuit
If you or a loved one has experienced any hernia mesh complications, speak with an attorney who can advise you of your legal rights and options, including joining a class-action hernia mesh implant lawsuit against the hernia mesh manufacturers.
What are the Symptoms of Hernia Mesh Problems?
Many physicians who perform elective hernia surgery often use a mesh product to reduce the recurrence of hernias months or years later when exertion is placed on the abdomen. 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 that's caused by the inability to move their bowels
Can Mesh from Hernia Repair Cause Problems?
Within a few months after undergoing hernia surgery, the mesh can shrink or migrate, moving to other areas in the body. In some hernia mesh cases, the device perforates the intestines or other organs.
The Food and Drug Administration has issued recall notices about defective hernia repair devices.
Hernia Mesh Brands Have Been Recalled
The Food and Drug Administration has recalled numerous hernia mesh brands, including Atrium Medical, C.R. Bard Davol, and Ethicon.
In all, these major medical device companies have pulled over 200,000 hernia mesh medical devices from the medical marketplace starting in 2005.
Should I Have My Hernia Mesh Removed?
The first step in deciding whether you should have your mesh removed is to talk to your doctor to determine if the complications or symptoms you are experiencing are caused by the hernia mesh product.
While removing the mesh might be the best option, it also comes with inherent risks, like all surgeries. For example, it might be challenging to determine if the mesh repair product is defective or if the surgeon performing the repair is guilty of medical malpractice.
Hernia Meshes Can Cause Pain Years Later
Many patients who have undergone a hernia mesh surgery have reported severe pain, hernia recurrence, abdominal tenderness, and failure of their mesh product. Nearly any symptoms associated with mesh can develop weeks, months, or years later.
Immediate medical attention is required in severe hernia mesh cases that could be deadly without a doctor's intervention.
Who Manufactures 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 C QUR Hernia Mesh
- C.R. Bard (including Kugel Mesh, Ventralight ST, and Perfix Plug)
- Onflex Mesh
- Ventrio Patch
- Ventrio ST Patch
- Ventralex Patch
- Parastomal Patch
- Covidien Parietex Mesh
- Johnson & Johnson (Ethicon Physiomesh)
- Proceed Hernia Surgical Mesh
- Ethicon's Physiomesh
- Propylene Polypropylene System
- PVP Hernia Devices
- Ultrapro Hernia Plugs
- Ultrapro System
- Partially Observable Ultrapro Hernia Mesh
- Medtronic (parietex composite)
- Polyester Mesh
Polypropylene Hernia Mesh Lawsuits
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 hernia mesh lawsuits (class action and multidistrict litigation) related to the above products. Contact our hernia mesh lawyers at Rosenfeld Injury Lawyers LLC for more information.
Which Defective Hernia Mesh Devices Have Been the Subject of Recalls and FDA Actions?
The FDA and mesh device manufacturers have recalled numerous defective mesh products. In 2016, Johnson & Johnson subsidiary Ethicon, Inc. launched its Physiomesh Flexible Composite Mesh, used in laparoscopic hernia repairs.
Since then, there has been an unacceptable increase in life-threatening complications in patients who underwent this device, many of whom required additional surgeries to correct the problem. As a result, Atrium Medical Corp. sold its Atrium 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. As a result, hernia mesh manufacturers may be facing years of lawsuits and serious legal liability.
Complications Can Start Years Later
It is not uncommon for years or decades to pass before mesh patients start experiencing serious injuries or complications after their mesh implantation. In a way, hernia mesh is a ticking time bomb in many patients' bodies as the device can take years to degrade and erode.
Since the product is composite hernia mesh, it lasts forever in the patient's body and can fail even a long time after the procedure. While safer alternatives are being brought to market now, doctors and insurance companies are still opting for the more dangerous synthetic polypropylene mesh because of cost and convenience.
Consequently, even if you had surgery years ago, you may qualify for a lawsuit against the manufacturer. Learn more about your legal rights with a consultation with our hernia mesh lawyers and see if you qualify for free mesh removal surgery.
Why is it Necessary to File a 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 harm.
Your surgeon decided to use a medical device the manufacturer likely knew defective, and you are suffering the consequences of someone else's decision.
Filing a hernia mesh claim or lawsuit against those responsible for your serious injuries can provide you funds to cope with your mounting medical bills 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 lawsuit or claim against the device manufacturer avoids the complicated route of participating in a mass tort class-action suit.
However, there are also benefits to becoming a part of the MDL process.
Hernia Mesh Lawyers Placing You First
Our dedicated hernia mesh lawyers team understands that many medical device manufacturers place profits ahead of patient safety.
Our attorneys have handled many hernia mesh implant 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 insurance companies. Resolving personal injury, product liability, and wrongful death cases are all we do.
Our law firm is proud to represent people in different litigations related to hernia mesh device complications resulting in revision surgeries.
What Financial Payouts Have Resulted from Hernia Mesh Lawsuits?
Many patients who have suffered complications after undergoing hernia surgeries using repair devices have filed hernia mesh claims against the manufacturers.
Mesh patients usually ask their attorneys how much financial compensation they can expect from a successful lawsuit and the typical payouts in hernia mesh lawsuit settlements and jury awards.
Hernia mesh lawsuits may eventually be resolved in a hernia mesh lawsuit 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 "bellwether" trials.
Hernia Mesh Lawsuit MDLs
In these cases, the hernia mesh lawsuits will be consolidated in multidistrict litigation (MDL) in a single court to help judges, defendants, and hernia mesh plaintiffs better understand the value of similar cases.
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.
Mesh lawsuits are currently at a key juncture, with bellwether cases heading to trial in the coming months. Here is some more information on each of the mesh device implant MDLs as they currently stand.
Atrium Lawsuit MDL (C-Qur Mesh)
The Atrium MDL is in federal district court in New Hampshire. The presiding judge is Landya B. McCafferty. As of this writing, there were nearly 2,400 lawsuits that are a part of this MDL. It was one of the earlier hernia MDLs that were filed.
The bellwether trials were originally scheduled to be held in early 2020. It would have given 2021 plaintiffs in all hernia mesh court cases a sense of where their cases stood. However, the hernia mesh trial in district court has been pushed back because of the pandemic and is now set for 2021.
Ethicon Hernia Mesh Lawsuit MDL
The hernia mesh lawsuits against Ethicon (Physiomesh Composite Hernia Mesh) are in the Northern District of Georgia, with Judge Richard Story presiding. As of now, there are nearly 3,200 cases that are a part of the MDL (MDL No. 2327).
The court has just selected four bellwether cases to lead off this hernia mesh litigation. The first hernia mesh trial of these four cases will go to trial in January 2021, and the last of the four will take place in Jun 2021.
C R Bard Hernia Mesh Lawsuit MDL (Polypropylene Hernia Mesh)
C R Bard had initially settled many hernia kugel mesh cases years ago but is currently defending against this particular series of lawsuits. It is the largest MDL, with the case count nearing 10,000. (Multi-District Litigation 2846)
The litigation is based in the Southern District of Ohio before Judge Edmund A. Sargus, Jr. The bellwether trial has been selected. Still, it has been delayed multiple times because of COVID-19. The hernia mesh trial is set for early 2021 but may still be delayed yet again depending on the pandemic.
In September 2020, Judge Sargus denied motions for summary judgment in the case, meaning that it will go to trial without a settlement agreement.
C R Bard's Earlier Hernia Mesh Settlements
There are still individual cases where one plaintiff sues the mesh device manufacturer to resolve their case quickly. In addition, there are other individual lawsuits against other hernia mesh manufacturers, including Medtronic.
Some cases may also not be large enough to move into an MDL. Thus, they proceed as an individual lawsuit.
The mesh manufacturer C.R. Bard has settled more than 3,000 lawsuits involving its Composix Kugel Mesh Patch for $184 million.
The FDA recalled the popular device in 2005, 2006, and 2007. However, even after the hernia mesh recalls, Bard faces additional lawsuits over the defective hernia mesh, along with its vaginal mesh, which is implanted to treat 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 all clients want to know how much their hernia mesh claims are 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. In other words, there is no set amount that you would receive in a mesh lawsuit. Your damage award depends on your own individualized suffering.
Our firm will look at a range of factors to determine the value of your case:
- The material used in your 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 current and future medical expenses
- How the complications from your injuries impact your daily quality of life
- The severe pain and suffering you have experienced
- Other damages include 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 hernia mesh litigation options related to defective hernia mesh products.
How Do I Take the First Step Towards Filing a Lawsuit?
The complications arising from a mesh surgery 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 surgery. Our hernia mesh attorneys can obtain all the information to build a solid case for you.
You deserve to hire an experienced legal firm specializing in cases involving personal injury, product liability, and adverse health effects from medical devices. They can help you hold mesh manufacturers responsible.
Hiring a Lawyer to Resolve a Mesh Injury Claim
Rosenfeld Injury Lawyers represent 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 defective devices and have won millions to ensure their families are protected.
We work on various 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 successfully resolving your lawsuit and obtaining compensation on your behalf.
If we do not win your case or negotiate an acceptable hernia mesh lawsuit settlement on your behalf, you owe us nothing for our services in your hernia mesh implant case.