Work With One of the Top Hernia Mesh Lawyers and Get Compensation
Nationwide lawsuits alleging serious medical complications are currently being filed against manufacturers of hernia mesh patches like Johnson & Johnson, C.R. Bard, Atrium, Maquet, Covidien/Medtronic (formerly Tyco), and Gore. If you’ve been injured by one of these devices and need to find one of the best lawyers for a hernia mesh lawsuit, we can help. Parker Waichman LLP is a national personal injury law firm that has successfully represented clients injured or killed by dangerous or defective drugs and medical devices. We have some of the top hernia mesh lawyers on our team ready to seek justice on your behalf.
Manufacturers are obligated to produce medical devices that are as free from defects and dangers as possible, and any potential risks must be brought to the attention of doctors and their patients. When a device manufacturer does not live up to this obligation, injuries and life-threatening conditions can result. If this has happened to you, you can get the compensation you deserve. Get started with a free consultation by contacting us today.
Why Were Hernia Mesh Patches Manufactured?
Hundreds of thousands of hernia surgeries are performed every year in the United States, the vast majority of them to address abdominal hernias. Hernias occur when part of an organ that is supposed to be contained within the abdominal cavity protrudes through a weak spot in the muscles and tissues that line the abdomen. Hernia mesh devices were invented to provide an effective way to close up these weak spots and encourage them to heal. As the name implies, hernia mesh is a mesh-like product manufactured using synthetic or natural materials.
The companies that develop and manufacture these common medical devices have widely represented these products to be safe, but despite these assurances, numerous patients have reported significant or even severe side effects as a result of their hernia mesh implants. Patients have experienced substantial physical and mental pain along with incurring financial expenses related to additional corrective medical procedures.
What Are Hernia Mesh Devices Used For?
Hernia meshes are implanted during hernia repair surgery to help support weak or damaged tissue. It keeps the herniated organs in place and is intended to help prevent additional hernias from occurring. It is applied by stapling or attaching it into place around the site of the hernia.
Symptoms of Hernias
There are various types of hernias depending on where they occur, but the signs and symptoms of the different types of hernias are similar:
- A sharp pain or burning sensation will often accompany hernias. This discomfort is most commonly caused by inflammation in the affected area.
- In some hernias, especially inguinal hernias (ones occurring in the groin), you may be able to feel a bulge or lump. This bulge is the organ or fatty tissue itself; the bulge is located where the organ or tissue has squeezed out from the surrounding muscle and/or tissue. Whether you physically feel anything or not, you may also experience a sensation of fullness near the location of the hernia.
- If a part of the intestine becomes herniated and the blood supply is reduced or eliminated, this can cause nausea or vomiting as well as a fever. If you experience these symptoms together with other signs and symptoms of a hernia, you may need immediate medical intervention and should proceed to the nearest hospital emergency room.
Types of Hernias
Hernias can form in the groin and abdominal regions and are classified by their precise location. The different types of hernias include:
- Inguinal Hernias: Inguinal hernias occur when either the intestine or the bladder escape into the inguinal canal in the groin region. Men are more prone to inguinal hernias than women because of inherent weaknesses in the muscles and tissues in this region. The vast majority (as many as 96 out of every 100) of hernias in the groin region are inguinal hernias.
- Femoral Hernias: Femoral hernias occur when the herniated intestine slips out of the abdominal cavity and enters the region containing the femoral artery (the artery carrying blood from the heart to the legs via the thighs). Femoral hernias are especially common in women who are pregnant or overweight.
- Incisional Hernias: Incisional hernias are hernias that occur at the site of a previous abdominal incision. Hernias are more likely to occur at these sites because an incision weakens the integrity of the abdominal muscles and tissues surrounding the intestines. If a patient does not exercise and strengthen their abdominal muscles following the surgery or procedure, this can lead to an increased risk of an incisional hernia.
- Umbilical Hernias: Umbilical hernias most frequently happen in newborns and occur when a portion of the intestine escapes the abdominal cavity through muscles and tissues near the navel. Usually, umbilical hernias do not cause any significant health complications for the child, but they may require monitoring to ensure that no further problems develop. Umbilical hernias may also be present in women who have had multiple pregnancies.
What Are the Risk Factors Associated With Hernias?
Specifically, you are more likely to develop a hernia if you:
- Are overweight or recently experienced a significant fluctuation in your weight
- Do not exercise regularly, are out of shape, or do not eat a healthy diet
- Must strain during urination or when passing a bowel movement
- Experience a chronic cough
- Are a male (males are more likely to experience inguinal hernias, one of the more common types of hernias)
- Are older (aging tends to lead to decreased muscle strength and tone)
- Have had hernias in the past
Treatment Options For Hernias
Once a hernia occurs, repairing the opening through which the organs and tissues passed and strengthening the surrounding muscles and tissues are the primary goals of any treatment. In nearly every case, surgery is necessary to repair the hernia. There are two main types of hernia repair surgeries: laparoscopic hernia repair and open surgery.
Laparoscopic hernia repair surgeries involve making between two and four small incisions near the site of the hernia. A laparoscope, which is a medical device with a lens and light that helps the surgeon see the area, other surgical tools, and the hernia mesh are inserted through these incisions. The surgeon then operates on the hernia without making a large incision into the abdomen.
Open surgeries, by contrast, do require the surgeon to make an incision through the abdomen to open up the area near the hernia for operation. The surgeon uses conventional tools and procedures to repair the site of the hernia, including inserting hernia mesh.
Do Hernia Repairs Relapse?
Hernias have a high rate of recurrence, meaning that even after a hernia has been repaired, there is a high probability that you will experience another hernia at the same location. Hernia mesh products are used in both laparoscopic and open hernia repair surgeries to strengthen the site of the hernia with the goal of preventing a recurrence.
Hernia Mesh Complications: Side Effects and Symptoms of a Defective Hernia Mesh Device
When a quality hernia mesh product is implanted by a skilled surgeon, the patient can expect to feel some pain after the surgery. However, as time goes on, the pain should dissipate, and the patient can expect to return to normal activities after the passage of some time. But some estimates say that as many as 30% of patients who receive a hernia mesh implant will experience complications. With the performance of an estimated 100,000 hernia mesh implantation procedures in any given year in the United States, this means that thousands of Americans are potentially at risk of a hernia mesh complication.
The following signs and symptoms can suggest that there is something wrong with the hernia mesh:
- Pain that does not go away or lessen over time
- Pain accompanied by a restriction in movement (you are not able to move in the same manner as you were before your surgery without significant or debilitating pain)
- Internal bleeding
- Signs of infection near the surgery site, including a raised bump, a “hot” feeling on the skin near the site of the surgery, nausea, vomiting, fever, and/or discharge
- Being unable to have a bowel movement, which can suggest that organs have become entangled in the mesh. This can be a life-threatening emergency and requires prompt medical intervention.
How Does Hernia Mesh Hurt Patients?
The complications from a hernia mesh implantation procedure can be severe and potentially life-threatening. These complications may include scarring, inflammation at the implantation site, bleeding, sepsis, and urinary troubles. In addition, at least one study has suggested that patients who experience a medical complication are at a higher risk of experiencing mental health complications such as depression and anxiety. With more and more hernia mesh lawsuits being filed nationwide, it is encouraging that injured patients are increasingly willing to seek financial compensation for the harm they have suffered.
Typical Hernia Mesh Injuries
Injuries that we often see in hernia mesh litigation include:
- Reoccurrence of a hernia
- Conditions related to shrinking or contraction of mesh
- Severe allergic reactions
- Serious infections
- Perforation of organs
- Need for revisionary surgery
- Chronic pain
- Conditions related to migration and erosion of the mesh
- Foreign body reactions
- Bowel obstruction
Why Are People Filing Lawsuits Against Hernia Mesh Manufacturers?
Sometimes, medical problems develop at the site of the hernia repair surgery because of a lack of skill or care of the surgeon. For example, laparoscopic surgeries require a great deal of skill and experience in working with the laparoscope and other tools to ensure a successful procedure. Even in open surgery, the surgeon may improperly attach the mesh to the surrounding abdominal muscles and tissue, causing the hernia mesh repair to fail.
Since the first hernia mesh class-action lawsuit was filed, manufacturers of defective hernia mesh products have faced a slew of legal claims. Most of these lawsuits seek compensation for one or both of the following reasons:
- The hernia mesh used in their hernia repair surgeries used a faulty design and/or inferior materials that were not sufficient to strengthen the muscles and tissues around the hernia site but instead made it more likely that the hernia would reoccur or that complications would arise, such as the “strangulation” of organs and tissues that would become caught in the mesh.
- The manufacturer of the hernia mesh did not adequately inform doctors and/or patients about the quality of the manufacturer’s mesh and the risks associated with its use. In so doing, the manufacturer either intentionally or recklessly permitted doctors and patients to form a false belief about the safety and effectiveness of the hernia mesh. This caused the injured patient and their doctor to use the hernia mesh in situations where either or both of them would have chosen another option if they had had access to accurate information.
Hernia mesh injury lawsuits can be a great tool by which you can recover compensation if your hernia mesh repair failed and you had to miss work, undergo additional repair surgeries, experience pain and mental anguish, and/or incur additional losses, expenses, or injuries. If you’re looking for the best hernia mesh attorneys to handle your case, you can count on the experienced lawyers at Parker Waichman. Our dedicated legal team is committed to devoting their time, talents, and resources to helping you and your family navigate this difficult time and get a hernia lawsuit settlement or jury award to compensate you for your injuries, so you can get the care you need without worrying about your and your family’s financial futures.
Hernia Mesh Devices Still Available Despite Ban on Similar Products
Despite the Food and Drug Administration (FDA) issuing a nationwide ban prohibiting the sale or implantation of pelvic mesh devices, hernia mesh devices are still available and being used in procedures. Pelvic mesh, which is made from the same material as hernia mesh, was recalled in April 2019 because the FDA could not be certain of its safety or effectiveness. But hernia mesh remains on the market.
Types of Hernia Mesh Defects
There are three major types of defects, any of which may be present in any hernia mesh product:
- Design defects exist when the design of a product is such that any product made according to that design will be dangerous to the patient. For example, a hernia mesh product that uses materials that are not able to withstand the pressure found in the abdominal cavity or other hernia locations of regular activity and therefore has a high rate of failure may have a design defect. If a design defect exists, then all hernia mesh products manufactured according to that design will be defective and dangerous.
- Manufacturing defects exist when a hernia mesh product is not produced according to the product’s design plans and the result is a dangerous product. For example, a manufacturing defect would exist if the plans for a specific hernia mesh product required using a particular type of material but a different, weaker material was used instead, leading to a failure of the device.
- Warning defects are present whenever a manufacturer fails to provide adequate and clear warnings to consumers about the known dangers of the product. Warning defects may exist even if a warning is placed on the product if it is placed in a way that is not likely to be noticed by the consumer. A warning defect also exists if a necessary warning is missing altogether. This includes instances in which a manufacturer deliberately misled doctors and patients about their hernia mesh’s safety or reliability to induce them to use the hernia mesh product.
Do You Have Grounds for a Hernia Mesh Lawsuit?
If you were misled about the safety of this medical device or defective mesh was used in your hernia surgery, you may be able to claim compensation in the aftermath of a hernia-mesh-related injury by filing a lawsuit against the manufacturer of the product that caused your injuries. You may also be able to sue any other person or entity that contributed to your injuries, such as a doctor who pushed you into agreeing to the implantation of the hernia mesh device that caused your losses. If your claim is successful, you may be able to recover a monetary award that addresses any losses and expenses you incurred because of the defective hernia mesh.
Three Essential Elements for Building a Case to Receive Full Compensation
A hernia mesh manufacturer’s liability for your injuries centers on three essential elements: causation, reasonableness, and injuries or losses.
Evidence of Causation
First, evidence including medical records, expert reports, and the testimony of witnesses must be evaluated to determine if it establishes a causal relationship between the injuries you suffered and the hernia mesh. In general terms, a causal relationship exists if the injuries and losses you suffered (a recurrence of your hernia and the accompanying medical bills, for example) would not have happened if the specific mesh used in your hernia repair procedure had not been used. If your injury, loss, or expense would have occurred regardless of the mesh product used in your procedure, then the manufacturer may not be responsible, and you may not have a legal claim for compensation from them.
For example, suppose that you undergo a hernia repair surgery and hernia mesh manufactured by Ethicon is used to help repair the hole and prevent a future hernia from occurring at the same site. If Ethicon’s hernia mesh is made from an inferior material and it fails at a time when properly constructed mesh would have held, causing a recurrence of the hernia, then Ethicon may be held responsible for the additional medical costs, time missed from work, and other expenses you incurred as a result of the hernia’s recurrence. On the other hand, if your hernia reoccurs because your surgeon improperly implanted your hernia mesh, then it may be your doctor, not the manufacturer, who is responsible for your injuries and losses.
Causation may be found if the manufacturer makes deliberate misrepresentations about the hernia mesh’s safety and reliability and the mesh subsequently fails to live up to its expectations.
The next element, reasonableness, refers to the measures the manufacturer took to prevent your injury and other similar injuries. You may not be entitled to recover compensation for your injuries from the manufacturer of your hernia mesh if a judge or jury finds that the manufacturer took reasonable and appropriate steps to prevent the hernia mesh defects and to prevent these defects from causing injuries to you and others. Because hernia mesh devices are complicated, defects in these devices are not always readily apparent to the untrained eye, and many hernia patients do not have an opportunity to inspect the hernia mesh that will be implanted, this standard of reasonableness requires manufacturers to conduct business in a careful and safe manner. Evidence that a manufacturer was using substandard materials in its hernia mesh products and/or making deceptive claims would likely be considered unreasonable conduct that would expose the manufacturer to legal liability.
Injuries or Losses
Finally, you must have suffered some injury, loss, or expense, whether this is a physical injury or a less tangible effect like mental pain, anguish, suffering, or loss of enjoyment of life. If you did not suffer an injury of some type, then there is little that a court can do to fully and fairly compensate you; without an injury or loss, you do not need to be “made whole” from a legal perspective. While the types of compensable injuries and losses in a hernia mesh lawsuit can vary, each must be supported by some evidence that establishes the dollar amount of the loss or injury. If you incurred additional medical expenses, for instance, a bill, invoice, or insurance statement can be used to establish the amount of loss you sustained. If you are claiming compensation for mental pain and anguish, your testimony and the testimony of your friends and relatives can be used to establish the amount of compensation that is appropriate for these intangible losses.
The Hernia Mesh Lawsuit Statute of Limitations
After you have suffered an injury or adverse medical event because of your hernia mesh device, you only have a limited amount of time to take legal action. That’s why it’s crucial that you seek help from top hernia mesh lawyers as soon as possible. Each state has its own hernia mesh statute of limitations that outlines how long an injury victim has to file a claim for compensation. In some states, the statute of limitations may be as long as four years, but in other states, the statute of limitations may only give a hernia mesh injury victim a year from the date of their hernia repair surgery or when they suffered a hernia mesh-related injury to file their lawsuit. At Parker Waichman, our lawyers are well-aware of all deadlines that could apply to your case, and we can help make sure that your court papers are filed in a timely manner.
For example, suppose that you live in a state with a two-year statute of limitations and are injured by your hernia mesh on Jan. 1, 2020. Under the laws of your state, you would have until Jan. 1, 2022, to file your lawsuit with the court and attempt to have the defendant served with a copy of your complaint or petition. Talking with an attorney before the statute of limitations expires is not enough on its own to satisfy the statute of limitations. An action must be taken by filing legal paperwork with the court.
The consequences of violating the statute of limitations are harsh, and the exceptions to the statute of limitations are few. If you do file a hernia mesh lawsuit after the statute of limitations has expired, your lawsuit can be dismissed (and you would receive no money award) even if the evidence supporting your claims is strong and the extent of your injuries is significant.
The Discovery Rule and its Effects on the Hernia Mesh Lawsuit Statute of Limitations
If your window of opportunity to file a hernia mesh lawsuit has already run out under the statute of limitations, there is one exception that may still allow you to seek compensation: the discovery rule. When a hernia mesh injury victim is not aware that they have been injured right away, the discovery rule can provide additional time to file a lawsuit. Under this rule, the statute of limitations period does not begin until the victim knows or reasonably should have known that they have sustained a compensable injury.
While this does not permit the victim to ignore obvious symptoms of a hernia mesh injury, it does give extra time to the victim who may not have an immediate reason to suspect that their hernia mesh has a defect. For example, if you had hernia repair surgery in January 2019 and did not begin to notice symptoms suggesting that your hernia mesh is defective until June 2019, the clock on the statute of limitations in most states would not begin to run until June 2019. If you live in a state where hernia mesh injury lawsuits are governed by a statute of limitations of two years, for instance, you would have until June 2021 to initiate your lawsuit.
The Process of a Filing a Hernia Mesh Injury Claim, Case or Lawsuit
While some details of your specific hernia mesh personal injury case will be unique, the stages through which your claim passes will be much the same as the process for any lawsuit. When you work with Parker Waichman, your hernia mesh injury attorney will ensure that you understand these steps and what to expect as your case progresses, but it’s never a bad idea to know before you file a hernia mesh lawsuit what it will entail. This will help you form realistic expectations about the duration of your case.
- Investigation of Your Claim: Before a lawsuit is filed on your behalf, it must be determined with some degree of certainty that you have a valid and sustainable claim for compensation. Even if the evidence and witness testimony available in your case are sufficient to file a claim, you and your attorney may determine that the persuasive power of the evidence makes it unlikely that you will prevail. In such a situation, you and your attorney may discuss other methods of resolving your claim and obtaining compensation.
- Initial Pleadings: If you and your attorney decide to proceed, your lawsuit will start with the filing of an initial pleading called a complaint or petition, depending upon your jurisdiction. A copy is served on the manufacturer of your hernia mesh and any other defendant responsible for your injuries. Once served with a copy, the defendant(s) can file an answer to the allegations in your complaint or assert certain defenses to your claim. For example, they may state that the court in which you filed your case lacks jurisdiction over your claim. Depending on the nature of any defenses raised by the defendant(s), initial hearings may be held to determine if your claim can proceed.
- Dispositive Motions: At this stage of litigation, you or the defendant(s) may file additional motions seeking to end the case. One type of dispositive motion is a summary judgment motion, which may be filed if there is no real disagreement between the parties as to the facts of your hernia mesh injury. If the law is clear and both sides agree that either you or the defendant(s) are entitled to a favorable judgment, the case can end here.
- Discovery: If your case has not yet resolved through a judgment or settlement, your claim will next enter the discovery phase. It is during this phase of litigation that you and the defendant(s) will exchange information and evidence with one another, including records or exhibits you intend to present at trial along with witnesses you intend to call to help support your claim for compensation. The purpose of the discovery phase is to enable each party to have a reasonable opportunity to prepare their case with an understanding of the claims and assertions that will be made by the other party or parties. Discovery also encourages a prompt resolution of the dispute. By knowing the relative strength of their assertions and claims and those of the other party, discovery can encourage a party with a weak claim to settle quickly. For example, if the manufacturer of the hernia mesh in your injury lawsuit sees that your claim for compensation is well-documented and supported by credible witness testimony and objective evidence, they may be more willing to settle with you as opposed to proceeding to trial. Conversely, if the evidence supporting your claim is weak, it may be you who is seeking a settlement or other out-of-court resolution to your dispute.
- Pretrial: Once discovery has been completed, the basic facts of the dispute should be known. If these facts establish that one party or the other in your dispute is entitled to judgment as a matter of law, a motion requesting such may be filed at this time. This is a severe result, and to help prevent cases from being unnecessarily resolved in this manner, courts must view the evidence and facts in the light most favorable to the adverse party (not the party who filed for judgment at this stage). If such motions are not successful, the pretrial stage is then used to determine the rules by which the trial of the matter will be conducted. These rules include the length of the trial as well as what evidence and exhibits will be admitted and which exhibits will be kept out of the trial.
- Trial: If the case cannot be resolved in some other matter, it will proceed to trial, where a judge and jury will determine the rights of each party. In a hernia mesh lawsuit, the fact-finder (either the judge or jury) decides how much to award you. Hernia mesh lawsuit settlements’ amounts can range from the full amount of compensation you requested to a partial sum (if, for example, the jury believes you were partially responsible for causing your injuries and losses by failing to promptly see a doctor once symptoms of a hernia mesh injury began to appear) or no compensation at all.
- Appeals: The party that loses at trial may have the right to appeal the decision to an appellate court. The appellate court generally does not conduct a new trial of the matter but will instead look at the transcripts of the proceedings along with the exhibits admitted into evidence and determine if the trial court made any errors of law in conducting the trial. These errors could include erroneously admitting an exhibit that should have been kept out of the trial or applying the wrong legal standard to the case. Appellate courts will not usually reverse a trial court verdict unless there is an error so serious that the outcome of the trial was incorrect or the error may have impacted the result of the trial.
What About Hernia Mesh Settlements?
At any point during this process, you and the manufacturer of the hernia mesh that caused your injuries may reach a settlement. In a typical settlement agreement, the hernia mesh manufacturer would agree to pay you a certain sum in exchange for you giving up your right to pursue additional legal claims against the company. The agreement also usually includes a stipulation that by accepting the offered compensation, the manufacturer is not required to admit any fault or responsibility in causing your injuries. Hernia mesh lawsuit settlement amounts can vary greatly, from relatively small sums to multi-million-dollar payouts, depending on the specifics of a case. Ultimately, you’re the one who decides whether to initiate settlement negotiations or whether to accept a settlement offer from the other party.
How Can a Hernia Mesh Injury Lawyer Help Me?
In a hernia mesh injury lawsuit, there are numerous critical junctures at which your potential compensation can be reduced or your claim can be dismissed outright. Working with an experienced and knowledgeable hernia mesh attorney from Parker Waichman can help you avoid these unfortunate and financially devastating outcomes. Here are some of the duties that the top hernia mesh lawyers will take on:
Investigating and Gathering Supporting Evidence for Your Claim
Depending on the specific laws of the state in which your hernia mesh lawsuit is filed, you may need to clear certain evidentiary thresholds before your case may proceed to trial. You may be required to present the sworn statements and reports of one or more medical experts, a task that can seem daunting to many hernia mesh injury victims. By choosing a law firm with years of successful experience, you are also gaining that firm’s contacts and connections, including connections with experts who can evaluate your claim and assist in presenting your case.
Preparing and Filing Legal Pleadings, Motions, and Replies
Dozens of legal documents will need to be filed throughout your hernia mesh lawsuit. These include not only the initial claim but also motions to compel or preserve evidence, to take depositions, or to impose sanctions on an uncooperative defendant or third party. Not only must these documents be prepared in compliance with your local jurisdiction’s rules, but they must be presented in a timely and appropriate manner to the court. Your attorney will make sure that all of the documents associated with your hernia mesh injury lawsuit are properly filed.
Responding to Discovery Requests
During your lawsuit, the legal team representing the hernia mesh manufacturer will likely request documents and answers to questions as part of the discovery process. You may even be ordered to appear for a deposition (that is, to answer questions under oath in a setting where the questions being put to you as well as your answers can be transcribed). In most cases, you must comply with discovery requests, but there may be certain requests that do not need to be satisfied, such as requests for:
- Information concerning private conversations between you and your attorney
- Conversations you had with your doctor for the purpose of obtaining medical treatment
- Other privileged and confidential information
Your attorney will assist you in properly responding to lawful requests for discovery while ensuring that confidential and legally privileged information is not turned over to the other party.
Advocating for You in Court
One of the chief benefits of retaining the best lawyer for a hernia mesh lawsuit is having access to someone with considerable skill in presenting legal claims for compensation to a judge and jury. Hernia mesh litigation consists of much more than simply telling a judge or jury your story. It’s telling your story in such a way that the people deciding your claim see how your story and the applicable laws and statutes entitle you to compensation.
Guiding You at Critical Junctures in Your Case
No two hernia mesh injury lawsuits are alike: Even if you and another injury victim have been hurt by a mesh device manufactured by the same manufacturer, your paths to a full and fair recovery can be markedly different. Your attorney can provide you with the direction necessary for you to make informed decisions about your legal rights and how your specific claim ought to proceed. This can help you obtain the maximum amount of compensation possible as quickly as possible.
Why Choose Attorneys with Parker Waichman to Represent You?
The experienced and talented team of legal professionals at Parker Waichman can help ensure that your hernia mesh injury claim advances steadily toward a successful conclusion. Our hernia mesh injury law firm has built a reputation for excellence, and we’re not afraid to fight the tough fights on behalf of our clients. There’s no need to be intimidated by the big companies that manufacture defective hernia mesh products. With us by your side, you can feel confident that your legal rights are being protected.
Our record of achievements speaks for itself:
- We’ve recovered more than $2 billion in verdicts and settlement awards for our clients.
- We’ve earned the prestigious “AV Preeminent” rating in a peer review by Martindale-Hubbell.
- We’ve also earned the coveted “5 Dragons” rating by Lawdragon, its highest rating, based upon peer review.
When you retain Parker Waichman to assist you with your defective hernia mesh lawsuit, you can rest assured that the same focus, resources, and knowledge that we have used to build our firm’s reputation will be brought to bear on your case. If you’re wondering, “Where can I find top hernia mesh lawyers near me?” the answer is only a phone call away with Parker Waichman.
Get a Free Consultation With A Top Hernia Mesh Lawyer Today
If you’ve been injured by defective hernia mesh and been left with additional medical bills and expenses, an inability to return to work immediately (if ever), or mental pain, anguish, and suffering, our experienced attorneys can help you. The process of recovering compensation for your losses begins by contacting Parker Waichman to discuss your legal rights. We’ll give you a free consultation with no obligation, so you can get a sense of how hernia mesh injury cases work and whether you should pursue a legal claim.
Your financial future and the future of your family are too important to risk by trying to handle your hernia mesh claim yourself. Leave your case in the hands of the experienced team at Parker Waichman. Call 1-800-YOUR-LAWYER (1-800-968-7529) or contact us online to get started.
Hernia Mesh Injury Claim FAQs
Which Manufacturers of Hernia Mesh Devices Are Affected by Lawsuits?
Several brands of hernia mesh have been reported to have caused injuries to patients following implantation, including:
- C-Qur, a mesh manufactured by Maquet in 2006
- Physiomesh, which is manufactured by Ethicon, a subsidiary of Johnson & Johnson
- Proceed, also a product of Ethicon, which was recalled in 2005
- C.R. Bard products such as Kugel, Sepramesh, 3DMax, and PerFix
However, having had one of these brands implanted is not a prerequisite to having a viable hernia mesh injury claim. If you suffered harmful outcomes after hernia mesh was implanted, regardless of the brand or manufacturer, you may be able to file a claim and obtain compensation.
Have Hernia Mesh Lawsuits Been Successful in the Past, and Upon What Grounds?
Over the past ten years, numerous hernia mesh injury lawsuits have been filed, and many victims have been successful in obtaining compensation. Successful lawsuits filed against hernia mesh manufacturers have centered on claims that either the hernia mesh in question was not marketed truthfully or the mesh was constructed in such a way that it posed a danger to any patient in whom it was implanted. The primary legal principle supporting these claims is this: The manufacturer of a product that is distributed to others has an obligation to ensure that its product is free from obvious and easily fixable defects, is safe for the uses for which it is advertised, and bears sufficiently clear warnings advising users of any risks associated with its use.
What Damages May I Be Able to Recover?
In a successful hernia mesh lawsuit, you may recover compensation for any losses attributable to the defective hernia mesh. These include both economic damages and non-economic damages.
Examples of economic damages that you may be able to recover in a hernia mesh lawsuit include:
- The cost of additional medical care to repair the harm done by the defective mesh
- The cost of the defective hernia mesh itself
- Time missed from work
- Reductions in your income if you are temporarily or permanently unable to return to work
Non-economic damages cover losses such as mental pain and suffering and loss of enjoyment of life.
Do I Need an Expert Opinion? Can’t I Just Tell My Story in Court?
Yes, you probably will need expert testimony. Many people filing personal injury lawsuits wonder why they must retain expert witnesses. They believe that their injuries and proof of the expenses they incurred should be sufficient to entitle them to compensation. But in medical injury cases such as hernia mesh lawsuits, the testimony of one or more experts familiar with these injuries who have reviewed your records is often necessary to provide credible information that supports your claim that your hernia mesh is to blame for your injuries.
I Have an Upcoming Hernia Surgery: Is There Anything I Should Ask My Doctor Ahead of Time?
If you have not done so already, schedule a time to speak with your doctor or surgeon and obtain as much information as you can. Learn the type of hernia you have and its possible cause or causes. Discuss your doctor’s plans for repairing the hernia and whether these plans involve the use of hernia mesh. If you have concerns about whether the mesh to be used is made from synthetic or natural materials, make sure your doctor is aware of these concerns. If your doctor is planning on using mesh made by a manufacturer that has had complaints filed against it for adverse side effects, discuss with your doctor alternative brands of mesh or alternative procedures that may reduce the likelihood of negative side effects.
What Should I Do if I Had Hernia Mesh Implanted and I Begin Experiencing Adverse Symptoms?
Learn from your surgeon or doctor whether hernia mesh was used to repair your hernia, and if so, learn the brand of mesh used. Then, be vigilant for signs of hernia mesh injuries, such as constipation, fever, or severe pain near the site of the surgery and implantation, and report these symptoms to your doctor as soon as possible. Remember to follow your doctor’s orders, including any recommendations regarding exercising or activity limitations, and take any prescription medications as prescribed.
If you believe you are a victim of a hernia mesh injury, you should also contact the experienced attorneys at Parker Waichman by calling 1-800-YOUR-LAWYER (1-800-968-7529). With a free consultation, you can learn whether you have grounds for hernia mesh litigation. Our nationwide lawyers can help determine whether or not you’re within the hernia mesh lawsuit statute of limitations and help you get the compensation you deserve.
Who Else May Be Responsible for My Injuries Besides the Hernia Mesh’s Manufacturer?
In some cases, the hernia mesh itself may not be defective, but it may have been implanted improperly. In such a case, the doctor or surgeon who implanted the device may be legally responsible for your injuries. Similarly, your doctor may be responsible if they did not make an effort to answer any questions or reservations you had about the use of hernia mesh and instead forced you into having the surgery without your informed consent.
Ongoing Legal Cases
Bard Hernia Mesh MDL 2946
The Bard Hernia Mesh MDL (MDL 2846) is in the pretrial phase in the Southern District of Ohio, with Chief Judge Edmund Sargus Jr. presiding. Because Bard controls approximately 70 percent of the U.S. hernia mesh implant market, the case could establish a new threshold as the largest single-defendant multidistrict litigation (MDL) matter ever consolidated. Our law firm is currently reviewing potential lawsuits involving the following Bard mesh products:
- PerFix Plug and PerFix Light Plug: These devices have been reported to erode and migrate in the body. Lawsuit documents indicate that this deterioration has led to organ perforation, loss of testicles, and severe pain.
- 3DMax Mesh and 3DMax Light Mesh: This hernia patch is made of heavyweight polypropylene mesh (a lightweight version also exists). Lawsuits have been filed by patients across the U.S. alleging debilitating pain after implantation of these products. Plaintiffs have filed lawsuits based on the devices eroding through soft tissue before becoming attached to the spermatic cord, which can lead to loss of the testicle upon removal of the mesh. The device is curved because it is designed to be implanted without tacks or sutures. However, instances of the device folding over and migrating have been reported. Reports also have been made indicating that the outer seal of the device has torn.
- Composix Kugel Hernia Patch: Composix Kugel hernia mesh is one of the earliest and most widely known hernia mesh products to be recalled. Multiple lots of the C.R. Bard medical devices were recalled in 2005, 2006, and 2007. This product was constructed with a ring in the center of the mesh so that the mesh would keep its shape. However, the ring tended to break, causing bowel perforation.
- Ventralex ST Patch, Ventrio ST, and Ventralight ST: Bard’s coated hernia mesh line is referred to as ST hernia mesh. The company acquired rights to Sepramesh and Sepra Technology (ST) from Genzyme in 2007. The ST product line has been associated with elevated rates of seromas, bowel obstructions, infections, bowel resections, and dense adhesions.
- Sepramesh IP
- Bard Mesh
- Composix, Composix E/X, Composix L/P
- Bard (Marlex) Mesh Dart
- Ventrio Patch
- Modified Kugel Hernia Patch
- Ventralex Hernia Patch
Ethicon Hernia Mesh Lawsuits (Johnson & Johnson)
Lawsuits involving Ethicon’s Physiomesh Flexible Composite Mesh were consolidated in a Northern District of Georgia multi-district litigation (MDL). Lawsuits allege that the product was defectively designed, manufactured, and labeled by Ethicon and Johnson & Johnson. Parker Waichman is currently reviewing cases involving the following Ethicon products:
- Proceed Ventral Patch and Proceed Surgical Mesh: These hernia mesh products are made with an oxidized regenerated cellulose (ORC) fabric that covers the polypropylene. Polydioxanone is used to bind the two components together. Ethicon has implemented limited recalls on Proceed hernia mesh because of the ORC separating from the polypropylene, resulting in an elevated risk of bowel complications. Despite hundreds of reports of adverse events reported to the FDA, the product remains on the market.
- Physiomesh: Ethicon voluntarily withdrew this form of mesh from the market in 2015. Although Ethicon has denied that the action amounted to a recall, several studies have shown that this composite hernia mesh product had a high complication rate. Many patients have needed follow-up surgeries. Lawsuits filed in the MDL allege that the mesh cannot hold up to normal abdominal forces and that the multi-layered coating excessively inhibited incorporation of the mesh.
- Prolene Hernia System and Prolene 3D: The Prolene Hernia System resembles polypropylene mesh plugs with a polypropylene inlay. The device evolved from Bard’s PerFix Plug, and this type of mesh has prompted adverse event reports with complications comparable to the PerFix Plug. The mesh uses heavyweight polypropylene (a lightweight version has also been released). Patients implanted with the Prolene Hernia System have experienced sexual dysfunction, disabling pain, and nerve damage.
Atrium Hernia Mesh Lawsuits
Complaints filed in the multi-district litigation (MDL) in the District of New Hampshire against Atrium over their C-Qur products allege that implanted patients have suffered allergic reactions and severe infections necessitating revisionary surgery. Court documents allege that the problems with this product are related to its use of fish oil to coat the device. We are currently accepting cases involving the following Atrium hernia mesh products:
- C-Qur TacShield
- C-Qur Lite Mesh V-Patch
- C-Qur Edge
- C-Qur Mesh V-Patch
- C-Qur Mosaic
Covidien/Medtronic (Formerly Tyco)
Patients with Parietex hernia patch products have experienced injury and infection, necessitating more serious and painful corrective surgery than the original implant process. Covidien attempted to distinguish its product from those produced by other hernia mesh manufacturers by using polyester rather than polypropylene, but surgeons found that the polyester mesh was more challenging to handle during surgical implantation. The company responded by adding a collagen film to a modified product called Parietex Composite. The modification made the product easier for surgeons to implant through laparoscopic surgery, but the collagen degraded quickly and exposed organs to bare polyester. Reports of dense adhesions and infections were made following implantation of Parietex Composite mesh. The mesh also tends to contract after implantation, causing the polyester fibers to rip on the securing sutures and tacks. This can cause the patients to re-herniate or the mesh material to ball up. We are reviewing cases involving the following Covidien/Medtronic products:
- Parietex Lightweight Monofilament Mesh
- Parietex Plug and Patch System
- Parietex Flat Sheet Mesh
- Parietex Optimized Composite Mesh
- Parietex Hydrophilic Anatomical Mesh
- Parietex Composite Open Skirt (PCO OS) Mesh
- Parietex Composite Ventral Patch
- Parietex Composite Hiatal Mesh (PCO 2H)
- Parietex Folding Mesh
- Parietex Composite Parastomal (PCO PM) Mesh
- Parietex ProGrip Self-Fixating Mesh
If you have been harmed by a hernia mesh product, the lawyers at Parker Waichman can help you understand your rights to financial compensation. Call 1-800-YOUR-LAWYER (1-800-968-7529) for a free consultation today.
Page updated by Jerry Parker
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