A hernia occurs when a body organ protrudes through a weakened tissue area, usually the intestine or abdominal wall. Surgeons sometimes use a mesh-like material to treat a hernia. However, many patients have experienced numerous complications (more on these below) after undergoing mesh surgery. If you’ve faced such complications, you may partner with a pelvic mesh attorney to seek financial compensation for your pain and suffering or mental anguish.
Some hernia meshes are crafted from synthetic materials such as polypropylene and can help reduce the recurrence of hernias. Others comprise biological materials, which usually come from animal tissue. These surgical devices can help strengthen the weakened section of muscle or tissue. They also help close holes or tears in the abdominal wall, which allow organs to protrude.
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What Mesh Lawsuits Entail
Unfortunately, hernia meshes have recently been the subject of much controversy, as they have been linked to various serious side effects. As a result, various people have filed claims against manufacturers of these products, including:
- Ethicon
- R Bard
- Genzyme Corporation
- Covidien
As of February 2023, over 20,000 lawsuits are pending, a clear sign that these products have adversely affected many individuals. Most claimants allege the meshes failed to do their job, resulting in severe injuries, which needed additional surgeries to correct.
Due to the failure, most people are suing for loss of wages, medical expenses, and pain and suffering. Others say their quality of life has deteriorated since the mesh surgery and are seeking compensation. Here’s a breakdown of what the lawsuits claim:
- Negligence – Some claimants allege manufacturers failed to provide adequate warnings about the risks associated with their products yet were aware of the dangers they posed. Thus, failing to label their products properly put people’s lives in danger.
- Design defect – The meshes were poorly designed, leading to problems like erosion and tissue damage.
- Malpractice – Negligence on the part of the medical professionals who implanted the device, leading to further complications.
- Breach of warranty – Manufacturers failed to stand behind their products and offer compensation for damages.
- Defective manufacturing – Some meshes were not manufactured according to standards, leading to additional problems.
Hernia Mesh Complications Leading to Lawsuits
Most people filing mesh lawsuits claim their complications were so severe that even revision surgery did not provide relief. Some of the most common injuries include:
- Abdominal mesh migration – If the mesh moves away from the original site, it can lead to organ damage or bowel obstruction, especially if it sticks to the intestines.
- Mesh erosion – Occurs when the mesh gradually wears away, resulting in pain and infection.
- Abdominal wall perforation – The mesh may puncture the abdominal wall, leading to infection and additional surgery.
- Mesh failure – The mesh may cause more issues, such as recurrence of a hernia or chronic pain. In such situations, removal is the only option.
- Pain – Post-surgery, some people experience significant pain and discomfort in the abdominal area. If the pain persists for months, nerve damage may occur, leading to further complications. Some patients also report pain in the groin resulting from pinched nerves or other damage.
- Seromas – These occur when fluid accumulates around the mesh, causing additional pain and discomfort.
- Adhesions – Scar tissues may form around the mesh, leading to internal organ damage.
- Sexual dysfunction – Some men report experiencing erectile dysfunctions, reduced sperm count, and other issues. Women also claim to have experienced reduced libido and pain during intercourse.
If you had hernia mesh surgery and experienced these severe repercussions, you may file a hernia mesh lawsuit. This would also be the case if your mesh was made by the manufacturers above.
Class-Action Lawsuits Offer Optimal Protection
While mesh lawsuits are typically filed as individual claims, class-action lawsuits can provide better security for everyone affected. By joining forces and sharing resources, claimants can pool their efforts to fight for justice. This type of lawsuit also brings the claims into the public light, shedding much-needed attention and bringing awareness to the potential dangers of hernia mesh products.
Such lawsuits can help many people file claims against the same defendant. As a result, multi-district litigation (MDL) is sometimes set up to streamline the process. This entails consolidating the lawsuits for pretrial proceedings so all parties can present their cases in a more organized manner.
Hernia mesh MDLs also allow plaintiffs to file individual claims against a manufacturer but as part of a larger group. As such, they can get compensation without going through a lengthy and costly trial process.
Bellwether trials are also sometimes used in MDL proceedings. This involves a small selection of claims that are tried first. The outcome of these cases provides insight into how juries will treat the other claims.
Considerations Before Filing
Every hernia mesh lawsuit is different. As such, you should speak with an attorney if you consider filing a claim. While at it, here’re some aspects you should consider before following this path:
- The product’s manufacturer – Uncovering the maker of your hernia mesh is vital, as where you can file a lawsuit could be contingent upon this information.
- Deadlines – Remember that the statute of limitations for hernia mesh lawsuits varies from state to state. Accordingly, consult with an attorney to learn about your legal rights and options without delay.
- The dates – The more information you have about the product implanted and the surgery dates, the better. Likewise, note the date you underwent a revision surgery and the surgeon’s and facility’s name. You’ll also need medical records or consent forms to help your lawyer build a strong case.
- Your claim – What damages are you seeking? Specify the amount of compensation you’re after and the type of medical care you require.
Team up with An Experienced Attorney
Consider hiring a lawyer who’s already familiar with hernia mesh lawsuits and actively represents other patients. Such a legal professional can help you understand the applicable laws and the potential outcomes. They can also explain available options and gather the evidence you need to file a convincing claim.
Typically, hernia lawsuits are handled by specific courts, such as a state or federal court. The details of your case, such as the product used and when it was implanted, will determine which court should hear your claim. If the case is outside your home state, an experienced attorney can still represent you, provided they are licensed to practice in the required jurisdiction.
Mesh lawsuits are complex and require the help of an experienced legal professional. A lawyer can set out to prove you have a valid case and may increase the likelihood of a successful outcome. If a mesh implant has impacted you or a loved one, seek legal advice immediately and consider filing an individual or class-action lawsuit.