Hernia Mesh Lawsuit
Hernia Mesh Defect Attorneys for People With Medical Complications
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. These hernia mesh lawsuits are progressing through the justice system right now.
Attorneys for Hernia Mesh Lawsuits
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. Contact our law firm today for a free case evaluation so you can file a claim.
Since the 1980’s, 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 Dangers of Hernia Mesh Products
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.
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.
Hernia Mesh Injuries Are Leading to Lawsuits across the United States
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 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 hernia 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 hernia mesh lawsuit before your state statute of limitations expires. Contact us for a free case evaluation.
What is Hernia Mesh?
Mesh is a synthetic material used to repair muscle tears in the wall of the abdomen that has usually taken many years to develop from muscle strain, injury, or aging.
The use of polypropylene mesh material for repairing hernias became popular in the 1980s. Its popularity has continued to grow in spite of serious complications.
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.
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 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).
Medical Treatment Options for Hernia Patients
About 800,000 hernia 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 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 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.
Surgical 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.
This now seems to be the past and future way of hernia procedures. However, it also causes serious complications.
In hernia mesh surgery, doctors are implanting a synthetic plastic material into your body. This is the same time of material used in bottles and piping.
While manufacturers have promised that the material is inert, there have been countless 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 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
The Risk of Serious Complications With Hernia Mesh
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.<7p>
In many ways, hernia mesh 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 repair using surgical mesh. The agency has either recalled some mesh devices directly or encouraged 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.
This is in spite of industry surgical guidance that has made hernia 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 severe complications that result from the mesh, 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)
- C R Bard
- Ventralight St
- Ventralex ST (Bard Davol)
- Davol (Bard)
- Physiomesh Flexible Composite
- Parietex Composite
- Composix Kugel
- Perfix Plug
- Atrium S C Qur
- 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 Mesh Products?
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.
Risks of Meshes Causing Severe Side Effects
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.
In this case, it is nearly impossible for a surgeon to extract the mesh. Patients require multiple surgeries 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 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 bowel 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 composite mesh material
- Abnormal sweating caused by a deep underlying infection or autoimmune response
File a Hernia Mesh 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 lawsuit against the hernia mesh manufacturers.
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 concerns of defective mesh products.
Hernia Mesh Brands Have Been Recalled
The Food and Drug Administration has recalled numerous hernia mesh brands, including those manufactured by Atrium Medical, 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 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.
Hernia Meshes Can 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 (including kugel hernia mesh, ventralight st and perfix plug)
- Onflex Mesh
- Ventrio Patch
- Ventrio ST Patch
- Ventralex Patch
- Parastomal Patch
- Coviden Parietex Mesh
- Johnson & Johnson (Ethicon Physiomesh)
- 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
- 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 lawsuit (class action lawsuit 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. 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 mess patients start experiencing any severe injuries or complications after their mesh implantation. In a way, hernia mesh is a ticking time bomb in many patient's 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 there are safer alternatives 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 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 hernia mesh 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 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 hernia 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 may eventually be resolved in a hernia mesh 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.
Hernia Mesh Lawsuit MDLs
In these cases, the hernia mesh 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.
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 hernia mesh implant MDLs as they currently stand.
Atrium Hernia Mesh 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. This was one of the earlier hernia MDLs that were filed.
The bellwether trials were originally scheduled to be held in early 2020. This would have given plaintiffs in all hernia mesh products court cases a sense of where their cases stood. The 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 Flexible 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 litigation. The first 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 mesh products cases years ago but is currently defending against this particular series of lawsuits. This is by far 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, but it has been delayed multiple times because of COVID-19. The 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 Settlements
There are still individual cases where one plaintiff sues the mesh device manufacturer to resolve their case more quickly. 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 hernia mesh lawsuit.
The mesh manufacturer C.R. Bard has settled more than 3,000 lawsuits involving its Composix Kugel Hernia 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. 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 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 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 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. They can help you hold mesh manufacturers responsible.
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 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 hernia mesh 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 in your hernia mesh implant case.