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 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.
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. 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.
Ongoing Legal Cases
Bard Hernia Mesh MDL 2846
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
- 3DMax Mesh and 3DMax Light Mesh
- Composix Kugel Hernia Patch
- Ventralex ST Patch, Ventrio ST, and Ventralight ST
- 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)
Parker Waichman is currently reviewing cases involving the following Ethicon products:
- Proceed Ventral Patch and Proceed Surgical Mesh
- Prolene Hernia System and Prolene 3D
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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