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A hernia is a medical condition where an internal organ of your body protrudes via the abdominal wall of the tissue or muscle. Normally, hernias take place in the hips or chest, staying in the abdominal region.
If not treated promptly, hernias can have life-threatening effects. Therefore, it’s important to get emergency care from a relevant healthcare provider once you start experiencing symptoms, such as sudden pain, fever, vomiting, and nausea.
One of the potential treatments for hernia is hernia mesh, which provides permanent reinforcement to the hernia that has been repaired through surgery.
Hernia mesh is supposed to be absorbable, degrading over time. Thus, it’s not intended to offer long-term reinforcement to the herniated site. Instead, bodily tissue and muscle are expected to grow, providing support to the repaired part.
However, hernia mesh can have certain complications and problems that patients may face soon after the implantation. In addition, the hernia mesh may even fail because of medical malpractice.
What is a Hernia Mesh Lawsuit?
A hernia mesh lawsuit is filed against hernia mesh manufacturers whose products have failed to help the patients and are causing severe injuries that may need to be repaired surgically.
Since it’s a medical malpractice case, the hernia mesh lawsuit compensates the patient for losing the quality of life, lost wages, medical bills, pain, and suffering. Here are some things hernia mesh lawsuits claim:
- Defective product design or manufacturing
- Medical malpractice by the doctor who implanted the hernia mesh
Improper labeling on the hernia mesh, failing to warn the doctors about possible complications of that hernia mesh.
Lawsuits Against Hernia Mesh Manufacturers
In recent years, thousands of hernia mesh lawsuits have been filed against hernia mesh manufacturers. Of course, the legal basis could be different for each case. However, most plaintiffs suffer from problems due to the negligence of the manufacturers.
It’s mainly because the hernia mesh manufacturers have not complied with the Food and Drug Administration regulations. Due to the absence of FDA approval, the likelihood of hernia mesh failure increases, leading to more cases.
When filing hernia mesh lawsuits, plaintiffs claim that the product:
- Lost its laminate coating inside the body
- Eroded in the body
- It was not packaged properly
- Broke apart, leading to bowel obstruction and perforation
Although there have been thousands of hernia mesh lawsuits in the past, most of them have been about three products from three different companies:
Average Hernia Mesh Settlements
On average, plaintiffs get $50,000 to $250,000 in the hernia mesh lawsuit settlements. If the plaintiff suffers a serious injury, the hernia mesh lawsuit settlement could be up to $100,000. The Covid-19 pandemic has pushed hernia lawsuit hearings forward by months, but most of them are scheduled to be heard in 2021.
The amount compensated depends on the severity of the injury caused due to a malfunctioning hernia mesh and how strong the hernia mesh lawyer builds the case.
That’s why it’s important to have a reliable hernia mesh attorney by your side so that you’re not only compensated for medical bills but also for pain and suffering.
Factors Affecting Hernia Mesh Lawsuit Settlements
The average settlement for a hernia mesh case differs based on many contributing factors. For example, for one plaintiff, the amount might be $50,000, while for someone else, it could be as high as $500,000.
Here are some factors that determine average hernia mesh settlement:
- Severity: If the aftereffects of implanting hernia mesh are incredibly severe, the plaintiff will get a higher hernia mesh lawsuit settlement. The compensation depends on how severe the injuries are.
- Quality of Life: The hernia mesh settlement amount depends on how much the injuries have affected the patient’s life quality. For instance, hernia recurrence, chronic pain inflammation, or excessive pain may have affected the plaintiff’s sleep quality and general wellness.
- Economic Impact: The hernia mesh lawsuit settlements tend to be higher if the plaintiff had more economic loss, such as lab tests, surgeries, and medical bills.
- Future Loss: Some effects of hernia mesh complications are life-long. Therefore, the hernia mesh settlement amounts also vary depending on if complications will affect the patient in the coming years.
Are you experiencing serious complications arising from hernia and unsure how to go about following up on compensation? In that case, you should consult our attorneys at Rosenfeld Injury Lawyers, LLC to have your hernia mesh settlements calculated.
Collective vs. Individual Hernia Mesh Settlements
Whether a hernia mesh lawsuit should be a group effort, or an individual attempt depends on your situation and case. In a separate hernia mesh lawsuit, the plaintiff must argue their case while the manufacturer or the hospital will offer a settlement.
Once the plaintiff accepts this settlement, the hernia mesh case will be dropped.
Meanwhile, multi-district litigation settlements or collective settlements work a bit differently. These are multiple cases of the same type in a single federal district court.
Therefore, instead of 1000 patients filing lawsuits separately, all hernia mesh cases are heard in one MDL since they’re all the same types.
Most plaintiffs prefer MDLs because they streamline the whole process through the following:
- Summary judgment motions
- Motions to dismiss
- Evidence discovery
- Expert and witness depositions
- Expert and witness interrogations
In an MDL, the plaintiffs don’t get the same level of individuality as in individual cases since all hernia mesh cases are heard as one. First, however, they must fill a form in which they need to mention the following details:
- Age: Younger victims of hernia mesh complications are likely to receive more compensation
- Medical History: If a person was already sick before the complications arose, they get less money than someone who had a clear medical history
- Employment History: Giving this information is important to claim for lost wages
- Marital Status: Loss of consortium is only available to people who are married
- Hernia Repair Surgery: If a plaintiff had to undergo revision surgery, they would get a higher settlement amount to resolve the hernia mesh case
- Hernia Recurrence: A recurring medical issue, especially a hernia, increases the settlement amount in many hernia mesh cases
- Removal Surgery: Similarly, plaintiffs undergoing mesh removal surgery may also get higher settlements to resolve their hernia mesh claims
Injuries Leading to a Hernia Mesh Lawsuit
Plaintiffs who filed for hernia mesh lawsuits did so because the hernia mesh complications led to needing at least one surgical procedure. Meanwhile, some patients required more surgeries to make them healthy again, resulting in high medical expenses.
Even worse, some patients claimed they still had complications after these surgeries. As a result, some common injuries from a defective hernia mesh can become the basis of a hernia mesh claim due to negligence by medical device manufacturers.
- Adhesion: Hernia surgical mesh implants stick to each other and adhere to other tissues and organs in the body. A properly functional surgical mesh implant should not do this, though. However, where this happens, the victims should file surgical mesh lawsuits.
- Pain: If the patient experiences pain following a hernia mesh surgery, it could be caused by chronic inflammation, a precursor to many other health problems.
- Infection: Additionally, chronic inflammation, especially around the area where the hernia mesh was implanted, can cause infection.
- Bowel Obstruction: If the hernia mesh starts moving inside the body, it can block the bowels.
- Perforations: If hernia mesh medical devices start moving around, they may puncture other organs and tissues. The process is called perforation.
- Seromas: These refer to pockets of fluid that build up around the surgical site. They may be due to an error on the surgeon’s end or the multi-functional nature of the hernia mesh.
- Mesh Failure: In some hernia mesh cases, the surgical mesh implants are defective and lead to hernia recurrence.
- Migration: If the hernia mesh devices move from their original implantation site to other body parts, they can be problematic. Along with obstructing different pathways, it also causes perforations.
- Long-term Complications: Improperly implanted or malfunctioning hernia mesh devices can cause long-term complications that may trouble the patient even years after the implant.
- Revision Surgery: If a patient needed to have revision surgery after a hernia mesh device, that’s a strong basis for a hernia mesh implant lawsuit.
- Testicular Pain: If a male patient experiences a burning sensation at the implantation site, it could be due to the movement or adhesion of the hernia mesh since it’s probably pinching the nerves.
- Recurrence: If the hernia mesh fails to do its job, the hernia will recur. It’s common in cases where the mesh fails.
Hernia Mesh Lawsuit Payouts
Here are some instances where companies paid compensation to plaintiffs:
Many people filed C.R Bard hernia mesh lawsuits against C.R. Bard’s hernia mesh implants due to serious defective mesh problems. As a result, the Bard hernia mesh would erode following implantation, causing severe risks for patients.
In 2011, Bard paid $184 million as a settlement to resolve over 2600 hernia mesh claims. In 2015, C.R Bard settled 3,000 lawsuits with another $119 million and paid $200 million more to settle 3,000 lawsuits that remained.
Ethicon, in 2016, faced a huge hernia mesh litigation. The plaintiffs claimed that the company’s surgical polypropylene mesh implants caused side effects, such as infection and chronic pain, resulting in revision surgery involving the defective polypropylene mesh devices.
The company settled 42,000 lawsuits by paying $120 million.
Kugel Hernia Mesh Patch
In 2018, Kugel faced huge hernia mesh litigation after one of its products was defective. As a result, the company recalled around 1000 devices following reports that they caused severe complications and infections.
The company still paid $42 million as a global settlement to avoid additional mesh products liability litigation involving its defective mesh products.
Atrium Medical Corp.
The Atrium Medical Corporation settled hernia mesh lawsuits in 2018 as it faced around 3000 suits. The division of Cook Medical, Atrium, was forced to pay $11 million to settle these lawsuits.
Many people today experience problems after a hernia mesh surgery. Some even develop permanent damage due to serious side effects that come along with this procedure.
Therefore, it’s important to know what legal rights you have when you experience such side effects. For example, you may be entitled to monetary compensation if the complications were due to a faulty product or procedure.
Litigation Against Hernia Mesh Manufacturers
For decades, the FDA did not require hernia mesh device manufacturers to follow the agency’s testing models for approval. As a result, there were many hernia mesh recalls, including the Johnson & Johnson Ethicon Physiomesh.
Consequently, manufacturers have faced many lawsuits from patients who had complications after undergoing a hernia mesh surgery.
The FDA started restricting the approval of transvaginal meshes and other medical devices in 2011. The agency did so to avoid any more injuries or even deaths caused due to defective meshes. In 2012, it also stopped the market withdrawal of transvaginal meshes, including the Ethicon Physiomesh.
The agency stated that it had received reports of injury and death from transvaginal surgical mesh products manufactured by companies like C.R Bard, American Medical Systems (AMS), Boston Scientific, Coloplast Corp., Johnson & Johnson’s Ethicon subsidiary, and others.
Hernia Mesh Manufacturer Bellwether Trials and Verdicts
Many product manufacturers take immediate action to settle hundreds or thousands of cases after the conclusion of a bellwether trial to determine the average hernia mesh settlement amount. Here is a list of bellwether trials and verdicts that resulted from the hernia mesh lawsuits:
- June 2009 – A jury in U.S. District Court, Middle District of Pennsylvania awarded $10 million to Tarlton Reilly, who filed the lawsuit against C .R. Bard after undergoing multiple surgeries to remove the hernia mesh.
- January 2010 – In a hernia mesh case filed by Gary Beavers in the U.S. District Court for Central District of Illinois, a jury awarded $13.5 million as compensation against Bard Inc. This medical device company made surgical meshes used during hernia repair surgery.
- April 2010 – A jury in U.S. District Court for Central District of Illinois awarded $8 million to Alton Burks, Carlo Galli, and Janice Toler, who filed a lawsuit against Bard Inc. This company manufactured hernia mesh products.
- July 2011 – A jury in Multnomah County Circuit Court in Oregon awarded $1.25 million to Kip Jones. He filed a lawsuit against Ethicon Inc and Johnson & Johnson after several surgeries due to hernia mesh implant complications.
- November 2011 – A federal jury in California awarded $6 million to Joseph Pascetta from New Jersey for damages sustained due to complications due to a hernia mesh.
- October 2012 – A jury in U.S. District Court for the Middle District of Pennsylvania awarded $1,025,000 to David Sobolewski, who filed a lawsuit against Ethicon Inc., claiming that his Ethicon Physiomesh Hernia Patch eroded into his intestine following surgery.
- January 2013 – A jury in New York awarded $7,000,000 to a man who filed a lawsuit against Ethicon Inc. after his Physiomesh Hernia Patch eroded into his intestines following surgery.
- August 2016 – A federal jury in New York ruled that Ethicon Inc. owes Linda Leiber $1 million for injuries she sustained due to complications from a hernia mesh implant manufactured by the company.
- January 2017 – A federal jury in Oklahoma ruled against a woman who filed a lawsuit after she suffered complications due to Ethicon Inc. and Johnson & Johnson’s Physiomesh Hernia Patch that eroded into her intestine following surgery.
Laparoscopic Ventral Hernia Mesh Lawsuits
- December 2013 – A federal jury in New York awarded $2,000,000 to Daniel O’Brien, who filed a lawsuit against Ethicon Inc. for injuries sustained due to complications from hernia surgery.
- March 2014 – A federal jury in North Carolina awarded $1,250,000 to David Jones after filing a lawsuit alleging that his Physiomesh Hernia Patch eroded into his intestines following surgery.
- December 2014 – A federal jury in Arizona awarded $2,900,000 to John Miller, who filed a lawsuit against Johnson & Johnson and Ethicon Inc. after complications from a ventral hernia mesh implant.
- January 2015 – A New York jury awarded $2 million to an anonymous plaintiff from New York who filed a lawsuit against Ethicon Inc. after undergoing surgery that implanted hernia mesh products manufactured by the company.
- May 2016 – A jury in California awarded $4,050,000 to Paul Greenman for damages sustained because of complications caused by ventral hernia mesh implant manufactured by Johnson & Johnson and Ethicon Inc.
- September 2016 – A jury in Arizona awarded $1,200,000 to a man who filed a lawsuit against C.R. Bard after a hernia mesh patch eroded into his intestines following surgery.
- November 2016 – A federal jury in Oklahoma ruled that Guidant is responsible for the death of David Woodman, who died due to complications from a Ventralex Hernia Patch.
- June 2017 – A federal jury in Oklahoma awarded $10 million to Brady Morris and his wife, Frances, for damages sustained after the death of David Woodman due to complications from hernia mesh.
- June 2017 – A federal jury in Oklahoma awarded $15 million to Robert and Linda Copeland for damages sustained after the death of their son, Bryan Copeland, due to complications from a hernia mesh device implant.
- October 2017 – A federal jury in California ruled in favor of a man from California who filed a lawsuit against Johnson & Johnson and Ethicon Inc. after complications from a ventral hernia mesh implant.
- March 2018 – A federal jury in Oklahoma awarded $19 million to Alberto Mora for damages sustained after his wife’s death, Maria Del Carmen Mora, due to complications from a hernia mesh device implant.
Proximal Femoral Hernia Mesh Lawsuits
- December 2013 – A New York jury awarded $2,500,000 to a man who filed a lawsuit against both Ethicon and Johnson & Johnson after he suffered complications from a hernia mesh device.
- January 2014 – A federal jury in California ruled in favor of a man from California who filed a lawsuit against Johnson & Johnson and Ethicon Inc. after he had complications from a proximal femoral hernia mesh device implant.
- April 2014 – A jury in New York awarded $1,500,000 to Peter Torres for injuries sustained due to complications caused by a hernia mesh product manufactured by Johnson & Johnson and Ethicon Inc.
- March 2015 – A New York jury awarded $1,675,000 to a man who filed a lawsuit against Ethicon Inc., claiming that his Physiomesh Hernia Patch eroded into his intestine following surgery.
- June 2016 – A jury in Oklahoma ruled in favor of Allyson Davis from Salt Lake City, UT, who filed a lawsuit against Ethicon and Johnson & Johnson after her Physiomesh Hernia Mesh Patch eroded into her intestine following surgery.
- December 2016 – A federal jury in New York ruled that Allyson Davis from San Diego, CA, should be awarded $3.4 million for injuries sustained due to complications caused by a hernia mesh device implant.
Suppose you or a close relative hernia mesh failed, our hernia lawsuits lawyers can advise you on the available legal options on mesh products liability litigation
Atrium C QUR Mesh Products Lawsuits
- September 2016 – A jury in Georgia ruled that Johnson & Johnson and Ethicon Inc. should pay $2.5 million to an undisclosed plaintiff for injuries sustained due to complications caused by hernia mesh product, Atrium C® Querétaro (CE).
- May 2017 – An unspecified Texas jury awarded $3.3 million to an undisclosed plaintiff from Louisiana who filed a lawsuit against Johnson & Johnson and Ethicon Inc. after complications from Atrium C QUR mesh products.
- August 2017 – An unspecified Texas jury ruled in favor of Valinda Leon, awarded $1.2 million for injuries sustained due to complications from her Atrium C QUR Hernia Patch.
- August 2017 – An unspecified Texas jury ruled in favor of Ruben Navarro, awarded $1 million for injuries sustained due to complications from his Atrium c Querétaro hernia mesh patch.
- January 2018 – A federal jury in Georgia awarded $1.3 million to an undisclosed plaintiff from Louisiana who filed a lawsuit against Johnson & Johnson and Ethicon Inc. after he had complications from his Atrium C QUR Patch hernia mesh device implant.
Herget PCL Mesh Lawsuits
- February 2016 – A jury in Texas ruled that Johnson & Johnson should pay $11.5 million for injuries sustained by a woman from Louisiana who filed a lawsuit against them after the hernia mesh, she had implanted eroded into her body.
- April 2016 – A jury in Texas ruled that Johnson & Johnson should pay $3 million for injuries sustained by Robert J. Rooks, Jr. They filed a lawsuit against them after he had complications from his Herget PCL Hernia Mesh.
- June 2016 – An unspecified Texas jury ruled in favor of an undisclosed plaintiff awarded $3 million for injuries sustained due to complications from his Herget PCL hernia mesh product.
- March 2017 – A federal jury in Texas ruled that Johnson & Johnson should pay $2,700,000 for injuries sustained by a man from Texas who filed a lawsuit against them after he had complications from the implanted hernia mesh.
- March 2017 – A federal jury in Georgia ruled that Johnson & Johnson should pay $1,300,000 to an undisclosed plaintiff for injuries sustained due to complications from his Herget PCL Hernia Mesh.
- May 2017 – A federal jury in Florida ruled that Johnson & Johnson should pay $1,800,000 to an undisclosed plaintiff who was awarded for injuries sustained due to complications from his Herget PCL hernia mesh device implant.
- August 2017 – An unspecified Texas jury ruled in favor of Kevin Langston and awarded him $350,000 for injuries sustained due to complications from his hernia mesh product, Herget PCL (CE marked).
- August 2017 – An unspecified Texas jury ruled in favor of David Edwards and awarded him $2.5 million for injuries sustained due to complications from the Herget Hernia Mesh Patch, Model 6961 (CE marked).
- August 2017 – An unspecified Texas jury ruled in favor of James Sanders and awarded him $2.5 million for injuries sustained due to complications from the Herget Hernia Mesh Patch, Model 6961 (CE marked).
If you’re suffering from a hernia mesh device failure, our hernia mesh attorneys at Rosenfeld Injury Lawyers, LLC can help you mount a good mesh products liability case.
The Hernia Mesh Trial Process
Waiting months or years for the court judge to set a trial date is only a part of the trial process. A hernia mesh attorney must be paid to represent the plaintiff; expert witnesses need to be hired and paid. All of this takes time and money.
Many hernia mesh plaintiffs who have suffered injuries due to hernia mesh device complications do not have the financial resources and give up their rights in court because they cannot wait any longer or pay for litigation costs. However, our law firm pays all upfront costs to ensure our clients can successfully resolve their claims.
The first step is to find a law firm that has successfully taken on Johnson & Johnson and other hernia mesh device manufacturers in the past and is currently working on cases involving hernia mesh products. Many of these claims are handled individually and not a part of mass tort cases.
In recent years, many trial verdicts have been the product of multidistrict litigation (MDL). Typically, MDL settlements are not personalized to individual lawsuits and can be quite efficient. As a result, MDL cases tend to settle long before class-action lawsuits.
If you or someone you know suffered injuries from surgical device complications, call the hernia mesh lawyers at Rosenfeld Injury Lawyers for your free consultation today. But, don’t wait. Call (888) 424-5757 today for a free consultation!
Hire Hernia Mesh Lawyers to Resolve your Personal Injury Case
Did a defective hernia mesh product injure you? Was your device a part of the hernia mesh recalls initiated by the manufacturer or FDA?
The hernia mesh attorneys at Rosenfeld Injury Lawyers, LLC can work on your behalf to ensure that you receive the financial compensation you deserve for your damages. Call us today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free case evaluation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.
We accept all personal injury cases and wrongful death lawsuits through contingency fee arrangements. This promise ensures you pay nothing until your legal matter is resolved through a negotiated settlement or jury verdict.
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