Last year, more than a million people in the United States underwent surgery to repair a hernia. While this type of surgery is often successful, there is the potential for complications. The implantation of their hernia mesh device has caused complications.
Have you experienced problems following your mesh surgery? If so, you may be eligible to file a hernia mesh lawsuit. Contact our personal injury lawyers at (888) 424-5757 to schedule a free consultation.
The Chicago hernia mesh attorneys at Rosenfeld Injury Lawyers LLC have collected more than $250 million in verdicts and settlements for people like you. All sensitive or confidential information you share with our legal team remains private.
What Is a Hernia Mesh?
A hernia mesh is a medical device used to reinforce tissue to repair a hernia. A hernia occurs when an organ or other piece of tissue protrudes through a hole in the surrounding muscle or connective tissue.
Hernia meshes can be made from various materials, including synthetic polymers, metal wires, and absorbable substances.
These meshes are usually implanted surgically through an incision or laparoscopic approach. They are positioned to cover the hole in the surrounding tissue and reinforce the area. In some cases, hernia meshes may be used in conjunction with other surgical treatments.
Hernia meshes are intended to be permanent implants. However, they may need to be removed or replaced in some cases if there are complications. Mesh removal is a complex surgery that only a qualified surgeon should perform.
Mesh Products with Serious Complications
C.R. Bard makes several different types of hernia implants used in surgical procedures to repair hernias. If you or a loved one has had a hernia repair surgery using Bard mesh and have since experienced serious complications, you may be eligible for compensation through a Bard lawsuit.
Bard is facing more than 16,000 hernia mesh lawsuits in the state and federal court system, alleging that the company’s hernia mesh products are defective and cause serious complications. Bard is just one of several companies facing similar litigation over hernia meshes.
What Is the Bard Hernia Mesh Lawsuit?
The Bard hernia mesh class action involves the Bard’s Ventralex ST hernia mesh devices. In addition, the company produces a line of hernia meshes with Sepra Technology (ST) used in hernia mesh surgery. These meshes include Ventrio, Ventralight, and Ventralex.
Their polypropylene and monofilament meshes (similar to the Kugel hernia mesh) have a hydrogel coating on a single side. The coating prevents the mesh from sticking to the body’s internal organs and bowel.
The major problem with this coating is that it reabsorbs in just a week. Thus, the defective hernia mesh products pose a risk to the patients, exposing them to complications.
As per its design, the barrier in this hernia mesh product should reabsorb over months, giving the body enough time to grow the adjacent tissue, such as in ventral hernia surgery.
Cases Built on Severe Complications
However, since the coating reabsorbs quickly, it doesn’t provide the necessary support to the tissues. As a result, the hernia mesh implant may cause severe complications like bowel perforation and adhesion.
Patients who have undergone surgery using Bard’s Ventralex ST mesh have filed lawsuits against the company. Almost half of hernia mesh lawsuits against the company are for the Ventrio, Ventralight, and Ventralex meshes.
When the Bard hernia mesh MDL (Multidistrict litigation) was created, there were around 550 lawsuits. One plaintiff’s case (Mr. Milanesi) was filed in 2018 after creating Bard hernia mesh MDL that served as a bellwether case to determine the likely value of all the remaining claims.
A Bellwether Case
A bellwether trial is a legal case that is closely watched because it is seen as an indicator of future trends. The term is most often used in the United States to refer to a civil trial in which the outcome is seen as setting a precedent for other similar cases.
His doctors implanted the Ventralex mesh for the repair of his umbilical hernia. Unfortunately, the doctors discovered that Ventralex had stuck to Milanesi’s small bowel, eroding through it and creating a fistula.
The mesh also caused an infection pocket. Moreover, the doctors also found an abscess cavity that was infected and had a piece of the mesh. When permanent hernia mesh implants malfunction, they become a life-threatening hazard for the patient.
The surgeons decided to cut a section of Milanesi’s colon, performing a bowel resection. In a bowel resection, the surgeons remove the part of the diseased or damaged bowel.
After the surgery, the plaintiff developed an obstruction in his bowel. As a result, he underwent revision surgery.
May 2022 Update of Bard Hernia Mesh Trial Involving Thousands of Hernia Mesh Victims
The Bard hernia mesh trial for the next bellwether case (the Stinton case) has not started yet. There is no date for the trial of the hernia mesh case, but the involved hernia mesh lawyers expect the trial to begin in October.
The cases of most of the plaintiffs in this hernia mesh litigation have been pending for five years or more. The pandemic is mainly blamed for delaying the Bard hernia mesh litigation progress.
Hernia mesh cases have been consolidated into MDLs, and many of them are holding a bellwether trial.
After this trial, plaintiffs can expect a global settlement. It will resolve most lawsuits around hernia mesh, leading to the quick settlement of newly filed cases.
Mr. Milanesi won his second bellwether trial in the Bard case, leading to a $255,000 compensation verdict. Although the compensation is disappointing, considering Milanesi’s permanent injuries, the success of bellwether trials is good news for plaintiffs and any hernia mesh attorney involved in this litigation.
Will Bard Settle Out of Court for Hernia Mesh Lawsuits?
It’s likely that Bard will try to settle out of court for the Stinton case. Bard has already settled many other cases, and they may want to avoid the bad publicity of a trial.
The Average Settlement for Hernia Mesh Cases
An average settlement can range from a few thousand dollars to over a million. The settlement amount will depend on the severity of the injuries sustained and how much financial damages were incurred.
You could expect to receive $80,000 in a hernia mesh lawsuit. But the amount differs based on the damage caused by the hernia mesh implants.
In most cases, the hernia mesh lawsuit settlement differs for plaintiffs. Those with more severe injuries or who have experienced more significant financial damages will receive a higher settlement than those with lesser damages.
If you’ve been injured by repair mesh, it’s essential to consult with a lawyer to see what your best course of action is and how much your case may be worth.
How Long Does It Take to Settle a Hernia Mesh Implants Lawsuit?
The time it takes to settle a hernia mesh lawsuit will depend on evidence that proves the claim. Some cases may be settled quickly, while others may take several years. The time it takes to settle a lawsuit will also depend on the type of hernia mesh used and the injuries suffered.
For instance, the settlement value will be higher if you suffer extensive injuries, such as bowel obstruction.
These lawsuits are complex and require extensive investigation. If you or a loved one has been injured by hernia mesh, you should contact an attorney or speak with personal injury lawyers as soon as possible to discuss your legal options.
Many hernia mesh claims are filed under medical malpractice if the product was not fit for its intended use. The plaintiffs’ attorneys use information provided to them by the plaintiff or their physician and the results of the bellwether test trials in the hernia mesh MDLs to determine the basis for the plaintiff’s individual case.
Symptoms of Hernia Mesh Failure
Although mesh failure is not common, it can happen. The most common symptom of mesh failure is pain, ranging from a dull ache to sharp, stabbing pains. Other symptoms of mesh failure in the months and years after implantation include:
- Inflammation
- Tenderness
- Swelling
- Bruising
Bowel obstruction is another potential symptom of mesh failure. If you experience any of the above symptoms, it’s essential to seek medical help. Mesh failure can often be treated with surgery to remove and replace the faulty mesh.
When to Contact a Hernia Mesh Lawyer
While surgical mesh implantation is generally safe, some risks are associated with its use. Complications from this surgery can include infection, pain, adhesion, and recurrence of the hernia.
If you have suffered complications from surgery you may be able to file a personal injury claim against the manufacturer of the mesh.
If your claim is successful, you may be able to recover damages for your medical expenses, lost wages, and pain and suffering.
Work with an experienced lawyer who can help you navigate the legal process and ensure that you get the compensation you deserve. We are committed to helping patients like you get the justice you deserve.
Our hernia mesh attorneys are committed to helping you recover compensation for your injuries. Call our office toll-free today at (888)-424-5757. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
Resources:
- Reuters: Hernia Mesh Surgery Injury Lawsuits
- Drugwatch: Lawsuits due to Hernia Mesh Surgery Injuries
