Hernia Mesh Lawsuits

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Hernia Mesh Lawsuit Guide for Settlements in 2023 - File a Claim

A hernia mesh lawsuit is a legal claim filed by a patient who experienced severe complications and injuries after having hernia repair surgery with surgical mesh. These lawsuits allege that mesh manufacturers were negligent in designing, testing, and marketing defective mesh products.

Patients who suffered complications like infection, chronic pain, mesh erosion through the skin, or hernia recurrence after mesh implant surgery may be eligible to file a lawsuit seeking compensation. Multi-million dollar verdicts and settlements have been awarded in thousands of hernia mesh injury claims.

What is Hernia Mesh?

  • Surgical mesh is a medical device constructed of synthetic or biological materials that is implanted during hernia repair procedures.
  • It is intended to provide additional support and strengthen weakened or damaged tissue.
  • The most common materials used are polypropylene, polyester, composite meshes, and biologic tissue matrices.
  • Some brand names of hernia mesh products include.
    • Physiomesh
    • Sepramesh
    • Kugel Mesh Patch
    • C-QUR Mesh
    • Ventralex ST Hernia Patch
    • Composix Mesh

    What is a Hernia?

    A hernia occurs when an organ or tissue squeezes through a weak spot or tear in the surrounding muscle or connective tissue. Hernias often occur at natural weak spots, resulting in:

    • Inguinal (groin) hernia: The inner lining of the abdomen protrudes through a weak spot in the abdominal wall. This is the most common type of hernia.
    • Incisional (ventral) hernia: Occurs through an incision or scar in the abdomen. Often results after surgery when the incision does not fully heal.
    • Hiatal hernia: Part of the stomach pushes up through the diaphragm muscle into the chest cavity.

    Why is Hernia Mesh Used?

    Mesh has been widely adopted for hernia repairs because:

    • It provides added support and strength to damaged or weakened tissue.
    • Decreases tension and pressure on the repair.
    • Reduces the risk of hernia recurrence.
    • Allows for minimally invasive laparoscopic hernia repair techniques.

    However, research shows using mesh does not necessarily improve outcomes compared to suture repair methods without mesh:

    Repair Method

    Average Recurrence Rate

    Suture only

    10-15%

    Mesh repair

    Less than 5%

    Small hernias can often be repaired successfully with sutures alone. But larger, more complex hernias have a higher recurrence risk, which is why surgeons often use mesh reinforcement.

    Purpose of Hernia Mesh Lawsuits

    Patients who suffered severe complications from hernia mesh can take legal action to:

    • Receive fair financial compensation for their injuries, medical expenses, lost wages, and reduced quality of life.
    • Hold mesh manufacturers accountable for releasing defective devices.
    • Force stricter oversight and safety testing of medical devices before approval.
    • Bring public awareness to the risks and complications associated with hernia mesh products.
    • Deter manufacturers from continuing to market dangerous products.

    Over 100,000 hernia mesh injury lawsuits have been filed in the United States by patients experiencing serious complications from these devices. However, legal claims alone cannot fully compensate for the devastating injuries patients have endured. Greater oversight and research into the risks of surgical mesh are needed to prevent further patient harm in the future.

    ​​​Latest Updates for Hernia Mesh Lawsuits August 2023 

    Patients injured by a hernia mesh product who are considering filing a lawsuit should understand the current landscape in August 2023:

    • Over 100,000 hernia mesh lawsuits are pending against major manufacturers like C.R. Bard, Ethicon, and Atrium Medical in federal court.
    • Most cases are consolidated into hernia mesh class action MDLs (multidistrict litigation).
    • Patients who underwent hernia repair surgeries and experienced complications like recurrent hernia, infection, or chronic pain may qualify to file a hernia mesh lawsuit.
    • Three bellwether hernia mesh trials have taken place so far in the C.R. Bard MDL. The trials resulted in significant plaintiff verdicts.
    • In May 2023, C.R. Bard agreed to establish a qualified settlement fund to resolve outstanding cases.
    • Ethicon hernia mesh lawsuits continue to be filed by victims alleging defects in Physiomesh and Prolene mesh.
    • Over $500 million in hernia mesh lawsuit settlements have been paid out to date by manufacturers.
    • Consult with an experienced hernia mesh attorney to review your case details.
    • Gather all relevant medical records related to your hernia surgeries and mesh complications.
    • Have your hernia mesh product identified if possible?
    • Understand the statute of limitations deadlines in your state for filing a claim.
    • Be prepared to provide details on your hernia mesh injuries, medical treatments, and damages.
    • Your attorney can evaluate your options and advise if you may qualify to file a hernia mesh lawsuit.
    • Experienced lawyers can handle settlement negotiations or litigation if necessary.

    Patients receiving defective hernia mesh products continue to come forward in 2023 seeking justice. Connecting with a qualified hernia mesh attorney is the critical first step if you suffered serious complications.

    Hernia Mesh Complications Leading to Lawsuits

    Many patients experience severe and debilitating complications from hernia mesh implantation that can lead them to file a lawsuit seeking compensation. Some of the most common complications include:

    Hernia Mesh Erosion

    • Occurs when the mesh material rubs against tissue and slowly works its way through the suture holes.
    • Can erode into organs like the bowel, bladder, or skin and protrude through the surface.
    • Causes severe pain, infection risk, and difficulty urinating or passing stool.
    • Often requires hospitalization for intravenous antibiotics and removal of the exposed mesh.

    Hernia Mesh Migration

    • The mesh can detach and move away from the initial implantation site.
    • Can fold, crumple, or shrink, allowing the hernia to recur.
    • Migrating mesh can obstruct and perforate organs.
    • Revision surgery is often needed to remove or reposition the mesh.

    Hernia Mesh Infection

    • Mesh is a foreign object that can allow bacteria to thrive, causing localized infection or sepsis.
    • Infection rates for mesh repair are 2-4 times higher than suture repair.
    • Symptoms include fever, swelling, oozing discharge, and intense pain.
    • IV antibiotics and mesh removal are usually required to treat infection.

    Hernia Mesh Failure

    • The mesh does not properly integrate with tissue and fails to provide adequate reinforcement.
    • This leads to early hernia recurrence and the need for additional surgeries.
    • Lightweight or absorbable mesh is more prone to failure than older mesh types.

    Other Severe Complications

    • Adhesion formation: Scar tissue binds the mesh to internal organs like the intestines or bladder.
    • Bowel obstruction: Hernia mesh adhesion can twist or block the intestines.
    • Perforation: Mesh erodes through organs, creating holes or tears.
    • Seroma formation: Fluid collects around the mesh implant area.
    • Chronic pain: Nerve damage and inflammation can cause debilitating, lifelong pain.

    Complication Rates: Studies show mesh repair has a higher rate of complications than suture-only repair:

    Complication

    Mesh Repair

    Suture Repair

    Infection

    2-4%

    1-2%

    Chronic Pain

    15-30%

    5-7%

    Reoperation

    5-15%

    3-5%

    Patients experiencing any of these complications after hernia mesh surgery should seek legal advice about their right to file a lawsuit. Financial compensation cannot undo the damage caused by failed hernia mesh products, but it enables patients to pay for ongoing medical care and improved quality of life.

    Hernia Mesh Lawsuit Facts

    INJURIES

    Wrongful death, infections, organ damage, autoimmune problems, adhesions, bowel obstructions

    MANUFACTURERS

    Ethicon, a Johnson & Johnson company; Atrium Medical; Bard Davol

    TOP SETTLEMENT

    $184 million settlement; $1.5 million verdict

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      ​Major Hernia Mesh Manufacturers Facing Lawsuits

      Four major medical device companies have faced a flood of lawsuits over their defective and dangerous hernia mesh products:

      Ethicon

      • Subsidiary of Johnson & Johnson
      • Manufactures Physiomesh, Prolene mesh, and other products
      • Over 25,000 lawsuits filed against Ethicon for mesh injuries

      Key Ethicon Hernia Meshes:

      • Physiomesh: Voluntarily recalled in 2016 due to high recurrence rates. Made of layered polypropylene and polyglecaprone film coating.
      • Prolene Hernia System: Contains heavy-weight polypropylene mesh pre-shaped into a circular patch with straps.

      Major Legal Claims Against Ethicon:

      • Negligent design with insufficient testing of Physiomesh before marketing
      • Failing to warn surgeons and patients about risks
      • Misrepresenting the safety and effectiveness of their mesh products

      Johnson & Johnson offered $120 million in 2017 to settle 2,000 state cases, but no master settlement has been reached.

      C.R. Bard

      • Subsidiary of medical device company Becton, Dickinson and Company (BD)
      • Second largest manufacturer of hernia mesh products
      • Over 18,000 injury lawsuits filed against C.R. Bard

      Key Bard Hernia Meshes:

      • Ventralex ST: Polypropylene mesh coated with hydrogel barrier intended to minimize adhesions.
      • Kugel Mesh Patch: One of first composite mesh products with plastic ring that facilitated laparoscopic placement. Recalled in 2007.
      • Sepramesh IP: Lightweight polypropylene mesh suitable for minimally invasive repair.

      Major Legal Claims Against C.R. Bard:

      • Defective mesh designs leading to bowel perforations and adhesions
      • Failing to warn doctors and patients of serious risks
      • Misrepresenting product benefits while downplaying dangers

      C.R. Bard has not offered a comprehensive settlement of outstanding cases. Only individual verdicts and case settlements have been reached.

      Atrium Medical

      • Leading manufacturer of hernia mesh, wound care, and vascular products
      • Named in over 12,000 lawsuits for C-QUR mesh products
      • C-QUR was pulled from the market in 2016

      Key Atrium Hernia Meshes:

      • C-QUR Mesh: Omega-3 coated polypropylene that was designed to minimize adhesions and infections.
      • C-QUR Mosaic: Lightweight version of C-QUR also coated with omega-3 fatty acids.

      Major Legal Claims Against Atrium Medical:

      • C-QUR coating sticks to internal organs, causing adhesions and injury
      • Failing to disclose detachment and adhesion risks
      • Design defects leading to early failure and hernia recurrence

      Atrium has agreed to several million dollar settlements, but has not offered a broad settlement program.

      Covidien

      • Leading supplier of surgical tools, mesh, staples, and energy devices
      • Over 12,000 lawsuits filed for defective Parietex and Parietene mesh

      Key Covidien Hernia Mesh Products:

      • Parietex Composite Mesh: Contains polyester with absorbable collagen film on one side.
      • Parietex ProGrip: Self-gripping polyester mesh with microgrips to minimize movement.

      Major Legal Claims Against Covidien:

      • Misrepresentation of clinical benefits and risks
      • Design flaws causing severe adhesive disease
      • Manufacturing defects and lax quality control

      Covidien has not proposed any major settlements. Only individual verdicts and settlements have been reached totaling over $500 million so far.

      These four companies dominated the hernia mesh market for decades and profited while knowing their products were causing devastating injuries. Hernia mesh lawsuits seek to hold manufacturers accountable and give patients a chance at compensation for their losses.

      Eligibility for Filing a Hernia Mesh Lawsuit

      Patients considering pursuing a hernia mesh lawsuit should understand the eligibility criteria. The basic requirements for filing a claim include:

      Having undergone hernia repair surgery where mesh was implanted   Experiencing severe complications from the mesh 

      Sustaining injuries and damages  |  Mesh product identified as defective or recalled

      Key eligibility factors:

      Hernia Mesh Surgery

      • The first criteria is having hernia repair surgery where surgical mesh was used. Both open and laparoscopic procedures qualify.
      • Most lawsuits involve mesh implanted for inguinal hernia repairsincisional hernias, or hiatal hernias.
      • The specific mesh product and manufacturer will determine which company is named in the lawsuit.

      Mesh Complications

      • To have a strong case, you must have experienced severe complications following the mesh implant surgery, such as:
        • Recurring hernia (mesh failure)
        • Erosion through the skin
        • Migration or curling of mesh
        • Obstruction or perforation of organs
        • Chronic debilitating pain
        • Infection of the mesh
        • Adhesions causing bowel blockages
      • Minor adverse effects may not meet the legal standard for claiming mesh defects. Complications must be serious and life-altering.

      Resulting Injuries

      • Due to mesh complications, patients must have sustained major physical injuries and damages such as:
        • Multiple follow-up surgeries
        • Hospitalization
        • Intestinal damage
        • Sepsis
        • Removal of reproductive organs
        • Disability
        • Lost wages
        • Medical expenses
        • Pain and suffering

        Defective or Recalled Mesh Product

        • The implanted mesh product must be confirmed as defective, usually through:
          • An FDA recall due to safety hazards
          • Removal from the market by the manufacturer
          • Known design flaws making the mesh inherently unstable or unsafe
        • Complications alone are not enough to win a lawsuit. The mesh itself must be proven defective.

        Consulting with an experienced hernia mesh attorney can help determine if your situation meets the requirements to potentially file a claim and recover compensation. Each case has its own unique circumstances.

        ​The Hernia Mesh Litigation MDL (Multidistrict Litigation)

        To efficiently manage the thousands of federal hernia mesh lawsuits filed around the country, cases have been consolidated into a special federal court proceeding called Multidistrict Litigation (MDL).

        What is an MDL?

          • MDLs are used to coordinate and streamline federal civil lawsuits involving the same defendants and similar allegations.
          • It allows pretrial proceedings like evidence discovery to be conducted together.
          • After the common issues are resolved, cases are sent back for individual trials.
          • Creates efficiency by avoiding duplicate efforts across different district courts.

          Hernia Mesh MDL Details

          • Established in 2016 in the U.S. District Court of Northern Ohio
          • Presided over by Judge Edmund A. Sargus
          • Includes over 90,000 individual cases against mesh manufacturers

          Defendants Include:

          • Ethicon
          • C.R. Bard
          • Atrium Medical
          • Covidien

          Primary Allegations:

          • Strict liability for defective design and manufacturing
          • Failure to warn about product dangers
          • Negligence
          • Breach of express and implied warranties
          • Fraudulent marketing of mesh benefits

          Bellwether Trials

          • Bellwether trials test representative cases, giving both sides insight into potential case outcomes and settlement values.
          • There have been over 20 bellwether trials in the hernia mesh MDL so far, with mixed plaintiff and defense verdicts.
          • These trial results have shaped settlement talks, especially for manufacturers who lost bellwether cases.

          Current Status

          • The MDL is progressing through the pretrial evidence phase.
          • Discovery deadlines, status conferences, and bellwether selections continue to be made.
          • Talks of global settlement agreements have started for some manufacturers.
          • As of 2022, no broad settlements have been announced yet.
          • However, individual case settlements continue to be reached outside the MDL.

          The hernia mesh MDL litigation is projected to continue over the next several years to address this massive volume of cases nationally. But progress is being made toward resolution.

          ​Hernia Mesh Lawsuit Settlements and Verdicts

          Thousands of hernia mesh lawsuits filed against manufacturers have resulted in substantial verdicts and settlements for plaintiffs, though no master settlement agreements have been reached yet.

          Notable Individual Verdicts and Settlements

          • In 2018, a jury awarded $68.7 million to a man severely injured by Physiomesh mesh.
          • Also in 2018, an Alabama man received a $1.2 million verdict against Johnson & Johnson for defective Prolene and Physiomesh hernia patches.
          • C.R. Bard reached a $184 million settlement in 2010 with 2,600 plaintiffs related to its Kugel mesh hernia patch.
          • Covidien agreed to pay over $250 million between 2013-2014 to resolve more than 3,000 Parietex mesh claims.

          Average Settlement Amounts

          Average payments vary based on specific injuries and mesh products. Reported settlement ranges include:

          Injury

          Average Settlement

          Bowel perforation

          $160,000 - $250,000

          Mesh erosion

          $40,000 - $100,000

          Infection

          $20,000 - $80,000

          Multiple revision surgeries

          $130,000 - $500,000

          Adhesions/obstructions

          $30,000 - $150,000

          Higher awards exceeding $1 million are possible with severe or permanent injuries, multiple surgeries, and disability.

          Status of Master Settlements

          No comprehensive master settlements have been agreed to yet. But talks are underway between plaintiffs and some manufacturers.

          • In 2017, Ethicon's parent company Johnson & Johnson proposed a $120 million settlement covering 2,000 cases. This did not move forward.
          • C.R. Bard, Atrium, and Covidien have not publicly offered any broad settlements to date.
          • Settlement talks are likely to gain momentum as bellwether trials progress and potentially produce large plaintiff verdicts.

          While individual recoveries are encouraging, a global settlement could provide consistent compensation to all eligible hernia mesh victims who were harmed by these defective medical devices.

          Finding a Hernia Mesh Lawyer

          Hiring an experienced hernia mesh attorney is recommended to determine if you have a potential claim and navigate the legal process. Here is guidance on finding the right lawyer for your case:

          How a Lawyer Can Help

          • Review medical records to establish your eligibility and case validity
          • Investigate your mesh product and the manufacturer
          • Handle complicated legal paperwork and filings
          • Deal with insurance companies and defendants
          • Determine fair compensation for your specific injuries
          • Negotiate settlement offers or take your case to trial

          Choosing the Right Attorney

          Look for a lawyer with extensive expertise in:

          • Hernia mesh litigation - Handled a high volume of these cases specifically
          • Medical device lawsuits - Skilled at defective product claims
          • Personal injury law - Can maximize injury compensation

          Also verify:

          • Bar licenses and proper credentials
          • Sufficient resources to take on large manufacturers
          • Past successful verdicts and settlements secured

          Legal Costs and Fees

          • Most hernia mesh lawyers work on a contingency fee basis
            • This means no upfront payment is required
            • Attorney gets paid a percentage only if you win compensation
          • Contingency fees are typically 33-40% of the total settlement amount
          • Agree to fee arrangement in a written contract

          Ask potential attorneys:

          • If you will be responsible for any upfront costs if the case is lost
          • Who covers expenses like court fees and hiring experts
          • Payment details if no recovery is obtained

          Choosing the right legal team can significantly impact the outcome of a hernia mesh lawsuit. Do research to find an attorney with the skills and track record to successfully handle your case.

          Hernia Mesh Recalls

          Numerous hernia mesh products have been recalled from the market due to high rates of complications and injuries.

          FDA Recalls

          The U.S. Food and Drug Administration (FDA) has regulatory authority to recall defective or dangerous medical devices. Hernia meshes recalled by the FDA include:

          • 2005 - Kugel Mesh by C.R. Bard - Recall due to ring breakage and bowel perforations
          • 2007 - Bard Composix Kugel Patches - Breakage of the memory recoil ring
          • 2012 - Bard Sepramesh IP Composite - Packaging issues leading to contamination
          • 2016 - Ethicon Physiomesh Flexible Composite - High recurrence rates

          Reasons for Recalls

          Most surgical mesh recalls have been due to:

          • Mechanical failure - Mesh ring breakage, mesh shrinkage or migration
          • Packaging issues - Breaches causing contamination and infection
          • Poor integration - Mesh detachment and increased risk of hernia recurrence
          • Adverse reactions - Erosion, fistula formation, inflammation, adhesion

          These product defects result in serious risks and injury that prompt FDA recalls for patient safety.

          Major Recalled Meshes

          Key hernia mesh products removed from market:

          • Physiomesh Flexible Composite Mesh (Ethicon)
          • C-QUR Mesh (Atrium Medical)
          • Kugel Mesh Patches (C.R. Bard)
          • Ventralex LT and ST Hernia Patches (Bard)
          • Sepramesh IP Composite (Bard)
          • Parietex Composite Mesh (Covidien)

          A recalled mesh product provides strong evidence for plaintiffs in hernia mesh lawsuits. It indicates the manufacturer released an improperly tested and defective device to the public.

          Patients implanted with a recalled mesh product should promptly seek legal advice about their right to financial compensation. Do not wait until the statute of limitations expires.

          Hernia Mesh Revision Surgery

          Many patients experiencing complications from their hernia mesh require one or more revision surgeries to treat ongoing problems or remove the defective implant.

          Purpose of Revision Surgery

          Reasons patients may need revision surgery include:

          • Recurrence - Mesh failed or hernia returned
          • Erosion - Mesh protruding through skin
          • Migration - Mesh moved out of place
          • Obstruction - Mesh blocking organs
          • Infection - Mesh became infected
          • Pain - Debilitating chronic pain from mesh

          Revising the original repair is often necessary to resolve these severe complications.

          Surgical Repair Procedures

          Common surgical approaches include:

          • Mesh removal - Taking out entire mesh or affected sections
          • Mesh repositioning - Moving mesh back into proper placement
          • Mesh reinforcement - Adding new mesh to support weakened areas
          • Tissue separation - Removing mesh ingrown in organs
          • Drainage - Draining fluid collections surrounding mesh

          Laparoscopic robotic surgery can sometimes be used for less invasive revision procedures.

          Risks and Complications

          Revision surgery carries added risks:

          • Recurring hernia, if mesh must be fully removed
          • Infection of the new repair site
          • Additional pain and recovery time
          • Adhesions forming again
          • Organ injury from operating in scarred tissue

          Mesh removal also creates a large defect needing reinforcement. Surgeons may implant biologic mesh to avoid synthetic material risks.

          For many patients, revision surgery becomes the first step toward resolving life-altering complications from defective hernia mesh products. Close monitoring and follow-up care are essential to support healing and recovery after additional procedures.

          ​Causes of Action in Hernia Mesh Lawsuits

          Hernia mesh lawsuits typically include a number of legal causes of action or claims alleging the manufacturer's liability. Common causes of action include:

          Strict Liability

          • Asserts the company is responsible regardless of fault or intent to harm.
          • Holds the manufacturer strictly liable if a product is defective or unreasonably dangerous.
          • Does not require proof of negligence or intent. Strict liability is based on the product itself being defective.
          • Hernia mesh lawsuits argue the inherent design of the mesh makes it defective.

          Negligence

          • Claims the manufacturer failed to use reasonable care in designing, testing, producing, or marketing the mesh product.
          • This carelessness resulted in a defective product and harmed patients.
          • Requires showing the company owed a duty of care to patients which was breached.

          Breach of Warranty

          • Hermia mesh comes with express and implied warranties:
            • Express - Direct promises of safety, effectiveness, etc.
            • Implied - Legal requirement that products are merchantable and fit for intended use.
          • Lawsuits claim manufacturers breached these warranties about hernia mesh properties and performance.

          Fraud

          • Alleges intentional deception about product risks through:
            • False advertising
            • Concealing known complications
            • Misrepresenting clinical data
          • Required showing the company knowingly misled patients and surgeons.

          Combining multiple causes of action creates a strong legal claim asserting the various ways the manufacturer failed patients through negligent and defective hernia mesh products.

          Evidence Needed in Hernia Mesh Lawsuits

          Strong evidence is required in hernia mesh litigation to prove the implanted product was defective and directly caused the patient's injuries. Key evidence needed includes:

          Medical Records

          • Provide timeline of hernia diagnosis, mesh implantation, and subsequent complications
          • Documents injuries and required treatments like mesh removal surgery
          • Critical for establishing damages and injury timeline

          Key records needed:

          • Surgery operative notes
          • Hospitalization records
          • Radiology reports
          • Pathology findings
          • Follow-up visit notes
          Revision surgery records

          Device Documentation

          • Mesh product identification sticker or details
          • Manufacturer marketing materials
          • IFU (Instructions for Use)
          • Internal testing data
          • Adverse event reports
          • Communications about complications
          • Warning letters from FDA

          Proves problematic design, misleading marketing, known risks.

          Expert Testimony

          • Surgeons experienced with mesh complications
          • Biomaterials engineers who can analyze product defects
          • FDA regulatory experts
          • Economists to calculate lifetime costs

          Experts strengthen case on medical and product issues.

          Financial Evidence

          • Medical bills
          • Lost income documentation
          • Ongoing care costs
          • Receipts for medications, equipment

          Vital for justifying the compensation amount sought.

          A skilled hernia mesh attorney knows what evidence to gather and how to effectively present it to prove liability and damages in court.

          Comparing Hernia Mesh and Hernia Repair Options

          There are several options for hernia repair surgery - with synthetic mesh, biologic mesh, suture repair, or non-surgical approaches.

          Synthetic Mesh vs. Biologic Mesh

          • Synthetic mesh (polypropylene, polymer materials):
            • Readily available
            • Inexpensive
            • Provides permanent reinforcement
            • Higher risk of complications like erosion
          • Biologic mesh (human/animal tissue matrices):
            • More expensive
            • Gradually absorbed by the body
            • Potentially less likely to cause adhesions
            • Higher hernia recurrence rates

          Many surgeons now use a layered approach with synthetic mesh for strength and biologic barriers to reduce complications.

          Open Repair vs. Laparoscopic Repair

          • Open repair:
            • Larger incision in the abdomen
            • Mesh is directly sutured in place
            • Longer recovery time
          • Laparoscopic repair:
            • Minimally invasive with small incisions
            • Mesh fixed with tacks, glue, or friction
            • Shorter recovery period

          Laparoscopic repair is growing in popularity, though less suitable for complex hernias.

          Mesh Repair vs. Suture Repair

          • Mesh repair:
            • Lower hernia recurrence rate
            • Provides tension-free reinforcement
            • Higher risk of complications
          • Suture repair:
            • No mesh risks
            • Simple procedure
            • Higher hernia recurrence likelihood

          Small hernias may be successfully repaired with sutures alone. Larger hernias often use mesh to minimize recurrence risk.

          Informed patients should discuss these options with their surgeon to determine the best hernia repair approach based on factors like hernia type, size, location, and risks.

          Hernia Mesh Lawsuit Timeline

          Understanding the general timeline and process for a hernia mesh lawsuit can help set expectations.

          Statute of Limitations

          This is the deadline to file a claim, which varies by state:

          • 2 years from injury date - Typical for product liability cases
          • Tolled (paused) until mesh complications are discovered in some states
          • Time limits range from 1 to 6 years depending on state laws

          Acting quickly is advised before the statute of limitations expires.

          Lawsuit Process Timeline

          Key phases include:

          1. Investigation and Filing

          • 6-12 months to gather medical records, product details, explore legal options
          • Complaint filed once firm has necessary information

          2. Discovery Phase

          • 1-2 years for plaintiffs and defendants to exchange evidence
          • Interrogatories, depositions, document production
          • Typically the longest phase

          3. Settlement Negotiations

          • Could take 6-12 months if settlement is reached
          • Offers exchanged back and forth
          • Cases not settled proceed to trial

          4. Trial Preparations

          • 6-12 months getting ready for trial if no settlement
          • Motions, court filings, witness prep, trial strategy

          5. Trial and Verdict

          • Jury trial typically lasts 2-4 weeks
          • Jury then deliberates to reach a verdict
          • Post-trial motions and appeals if necessary

          While every lawsuit is different, this provides a general guide to the sequence of major events over 2-4 years for a hernia mesh case. Having realistic expectations helps in making the decision to pursue legal action.

          Financial Compensation in Hernia Mesh Lawsuits

          Successful hernia mesh lawsuits can result in substantial financial compensation for victims, including:

          Settlement Averages

          Typical settlement amounts based on reported cases:

          • Bowel perforation - $160,000 to $250,000
          • Mesh erosion - $40,000 to $100,000
          • Infection - $20,000 to $80,000
          • Multiple revision surgeries - $130,000 to $500,000
          • Adhesions/obstructions- $30,000 to $150,000

          Awards exceeding $1 million are possible in severe cases.

          Categories of Compensation

          • Medical expenses - All past and future mesh-related care
          • Lost income - Inability to work due to disabilities
          • Loss of consortium - Impact on marital relations
          • Pain and suffering - Physical and emotional anguish
          Punitive damages may also be awarded to punish defendant's actions.

          Accounting for Injuries and Damages

          Types of injuries driving higher compensation:

          • Multiple follow-up surgeries - To treat complications or remove mesh
          • Organ damage or loss - Removal of intestine, testicle, etc.
          • Permanent disability - Loss of mobility; lifelong pain
          • Sepsis - Severe whole-body illness from infection
          • Future complications - High probability of further treatment needed

          Documenting all mesh-related injuries, treatments, and lasting impacts is vital for recovering fair compensation through a settlement or court award. An attorney can help fully quantify and value the damages.

          Hernia Mesh Warnings and FDA Actions

          While many problematic mesh products remain on the market, the FDA has issued warnings and taken some actions regarding hernia mesh risks.

          FDA Safety Communications

          The FDA has released several notices warning about complications:

          • 2008 - Warned about rare bowel perforations with mesh placement
          • 2011 - Cautioned about mesh eroding into nearby anatomy
          • 2012 - Advised monitoring for infection, pain, recurrence
          • 2018 - Stressed the need to report problems; lack of clinical data on long-term outcomes

          Black Box Warnings

          The FDA can require special “black box” warnings on medical devices alerting patients and providers about dangerous or life-threatening risks.


          So far, the FDA has not required a black box warning specific to the risks of surgical mesh for hernia repair. Many patient advocates have called for adding this strongest level of caution.

          Regulatory Actions

          • The FDA reclassified surgical mesh for transvaginal repair of pelvic organ prolapse to its highest risk category in 2016.
          • Hernia mesh remains a lower risk Class II device, which allows accelerated 510(k) approval.
          • Numerous mesh products like Physiomesh have been recalled over the years.
          • No broad bans or sales restrictions have been implemented yet by the FDA.

          While limited so far, any warnings or actions from the FDA against specific mesh products can strengthen injury claims when pursuing litigation against manufacturers.

          Alternatives to Hernia Mesh Surgery

          Some patients wish to avoid synthetic mesh due to risks and complications. Alternative options to discuss with your doctor include:

          Watchful Waiting

          • No surgery, only monitoring the hernia
          • An option for small, minimally symptomatic hernias
          • Carries risk of progression and strangulation
          • Better suited for patients unfit for surgery

          Open Suture Repair

          • Tension techniques like the Shouldice method
          • Primary suture repair without mesh
          • Uses stiches to close the defect
          • Higher recurrence rates than mesh repair
          • Less risk of chronic pain or infection

          Laparoscopic Repair Without Mesh

          • Minimally invasive keyhole surgery
          • Defect closed with sutures + tacks/glue
          • Requires an experienced surgeon
          • Low recurrence with ideal candidates
          • Lengthy operation and recovery time

          Seeking a skilled surgeon is key to success with non-mesh options. Biologic mesh can also reduce risks for patients insistent on avoiding synthetic mesh.

          Factors determining eligibility:

          • Hernia type and location
          • Hernia size
          • First vs. recurrent hernia
          • Patient age and health

          Patients should have an in-depth conversation with their doctor weighing mesh alternatives against benefits and risks.

          Non-mesh repair may be reasonable to attempt for select patients wanting to minimize complications, if they accept potentially higher recurrence odds.

          Advice for Patients with Hernia Mesh

          Patients living with complications from past hernia mesh surgery should:

          Watch for Symptoms

          Be alert for signs of new or worsening problems like:

          • Increased pain, swelling, redness at the surgery site
          • Fever or chills indicating potential infection
          • Feeling mesh edges or hard nodules under your skin
          • Difficulty passing stool suggesting an obstruction
          • Abnormal discharge coming from the incision area

          Consider Revision Surgery

          If mesh complications significantly impact your quality of life, discuss options for mesh removal or revision surgery with your doctor. This may help resolve:

          • Chronic debilitating pain
          • Infection not responding to antibiotics
          • Bowel obstruction from adhesions
          • Mesh erosion through the skin

          Mesh removal surgery can eliminate complications but also carries risks.

          Find a Specialist

          Consult a surgeon specially trained and experienced in:

          • Hernia mesh complication diagnosis
          • Surgical treatment for mesh side effects
          • Mesh removal techniques

          Look for a board-certified, fellowship-trained hernia specialist when considering revision surgery.

          Explore Your Legal Options

          Speak with a hernia mesh attorney about your right to pursue legal action and financial compensation if you suffered serious injuries.

          An attorney can help if you have:

          • Undergone one or more follow-up surgeries
          • Endured life-changing pain, disability or organ damage
          • Medical expenses and lost wages

          You may have a valid legal claim against the mesh manufacturer.

          Proactively managing your health and exploring your legal rights is important if you are experiencing ongoing complications from a recalled or defective hernia mesh product.

          ​​Frequently Asked Questions (FAQ) about hernia mesh lawsuits

          What is a hernia mesh lawsuit?

          A hernia mesh lawsuit refers to a legal claim filed by individuals who have suffered injuries or complications due to the use of hernia mesh devices during hernia repair surgeries.

          What is hernia mesh?

          Hernia mesh is a medical device used to provide support and strengthen weakened or damaged tissues during hernia repair surgeries. It is made of synthetic materials and is designed to reduce the risk of hernia recurrence.

          Can I file a hernia mesh lawsuit if I had surgery before 2023?

          Yes, you can file a hernia mesh lawsuit regardless of when you had your surgery. The year 2023 is just a reference point, and lawsuits can be filed for injuries that occurred at any time.

          Do I need an attorney to file a hernia mesh lawsuit?

          It is highly recommended to seek the assistance of an experienced hernia mesh lawyer if you plan to file a lawsuit. They have the knowledge and expertise to navigate legal complexities and help you pursue a successful claim.

          What is the average settlement amount for a hernia mesh lawsuit?

          The settlement amount in hernia mesh lawsuits can vary significantly depending on various factors such as the severity of injuries, medical expenses, lost wages, and other damages suffered by the plaintiff. There is no fixed average settlement amount.

          Can I join a hernia mesh class action lawsuit?

          Yes, you may be able to join a hernia mesh class action lawsuit if one has been filed and you meet the eligibility criteria. Class action lawsuits allow multiple individuals with similar claims to collectively take legal action against the responsible parties.

          What should I do if I have a recurrent hernia after a hernia repair surgery with mesh?

          If you have a recurrent hernia after a hernia repair surgery with mesh, it is important to consult with your healthcare provider and discuss your options. They can guide you on the best course of action based on your specific situation.

          Do I qualify for a hernia mesh lawsuit?

          Ways to qualify for a hernia mesh lawsuit include:

          Suffered serious injuries including adhesions, hernia recurrence, intestinal blockage, mesh migration, organ perforation and infection more than 30 days from original date of surgery. Hernia revision surgery or additional surgery because of complications.
          Hernia mesh lawsuit update 2023

          On April 19, 2023, a US District Judge overseeing the litigation against Covidien's hernia mesh products approved a standardized Plaintiff Fact Sheet for the bellwether trials. This order establishes a uniform template that plaintiffs will use to provide essential information in the ongoing lawsuits.

          Bard hernia mesh lawsuit update

          As of January 18, 2023, the C.R. Bard hernia mesh class action lawsuit has seen a notable increase with the addition of 176 new cases in the past 30 days. This brings the total number of pending cases in the multidistrict litigation (MDL) to 18,403. Among all the mass tort MDLs, this particular lawsuit exhibited the highest growth rate in terms of percentage over the past month.

          Hernia mesh lawsuit timeline

          The trial date for the C.R. Bard hernia mesh multidistrict litigation (MDL) has been officially set for February 21, 2023, as of October 1, 2022. Unless a settlement is reached between Bard and the plaintiffs involved in this case, it is anticipated that the trial will proceed as scheduled.

          Is the hernia mesh lawsuit still going on in 2023?

          There are numerous pending cases related to defective hernia mesh products. As of January 2023, the total number of lawsuits in the Bard MDL hernia mesh litigation has reached 18,403, with the addition of 176 new cases. We anticipate the possibility of further settlements in the near future.

          Covidien mesh lawsuit update

          In June 2022, the Judicial Panel on Multidistrict Litigation (JPML) made the decision to consolidate the Covidien hernia mesh lawsuits into a mass action multidistrict litigation (MDL) against Covidien and Medtronic. This ruling was primarily influenced by the substantial rise in the number of plaintiffs claiming injury from Covidien hernia mesh products, with 85 plaintiffs compared to only 12 in 2020.

          Atrium hernia mesh lawsuit update.

          In October 2021, a federal court jury in Illinois reached a defense verdict in an Atrium hernia mesh lawsuit following a six-day trial.

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