A hernia mesh is a medical device used to support weakened or damaged tissue following a hernia repair. Patients harmed by a defective mesh implant often have to undergo multiple surgeries to remove the device. You could suffer from life-altering complications if you received surgical mesh during a hernia repair surgery.
The expenses and losses incurred due to surgical mesh complications or failure vary extensively from case to case. To obtain enough compensation to fully recover your damages, consider working with a hernia mesh lawsuit lawyer who can help you document and quantify your related medical costs and other losses.
Complications After a Hernia Operation
Complications stemming from a hernia mesh surgery can lead to additional operations to replace the defective mesh, repair the hernia again, and repair any internal damage caused by the mesh. Don’t let a greedy medical product manufacturer go unpunished. If someone else’s negligence caused your complications, you deserve to be compensated.
After a hernia operation, complications caused by the mesh may include but are not limited to:
- Severe infections and abdominal pain
- Bowel problems, including obstructions and perforations
- Breakage of the mesh netting and supports, affecting nearby organs
- Adhesion in which the hernia mesh will adhere to surrounding tissue
- Implant erosion in which the hernia mesh deteriorates too quickly
- Mesh migrations in which the hernia mesh moves out of place
- Seromas or sacs of fluid under the skin
- Hernia recurrence
Eligibility for a Surgical Mesh Lawsuit Claim
While you may not be able to sue for medical malpractice, you may have reason to file a product liability lawsuit against the hernia mesh manufacturer if you experienced complications after hernia surgery. Several brands have been implicated; however, the majority of claims involve mesh made by:
- Johnson & Johnson/Ethicon
- Bard Davol
- Covidien / Medtronic
Eligibility for compensation will vary depending on the situation; however, there are general requirements. You are likely to qualify for surgical mesh compensation if:
- Your original hernia surgery with mesh took place in 2006 or later.
- You suffered serious complications.
- Hernia revision or other surgery was needed due to the mesh.
- Another surgery has been scheduled due to the mesh.
- A surgeon informed you that you require additional surgery due to the mesh.
- You were informed you needed a procedure to address your symptoms but could not have it due to medical issues.
Available Damages in a Hernia Mesh Case
The amount of money you receive from your mesh lawsuit will depend on many variables. However, one of the most significant factors is the total amount of your documented expenses and other quantifiable losses, known as economic damages.
Every case is different, but a qualified attorney can help you calculate just how much the mesh issues have cost you. This includes the pain and suffering you endured due to the complication itself and the revision surgery, plus any anticipated future expenses that may arise as a result of having used the mesh.
Damages you may recover include:
- Medical treatment costs (past, present, and future)
- Lost Income and decreased future earning capacity
- Miscellaneous expenses stemming from damage caused by the mesh
- Pain and suffering
- Punitive damages
MDL Lawsuit vs. Class Action
Those who file claims for hernia mesh injuries are filing individual lawsuits as opposed to class actions. That said, because there are thousands of individual lawsuits being filed, judges have consolidated them into groups called multidistrict litigation (MDL). This centralizes many of the pretrial activities for many cases to save time as well as court costs.
The claims against Johnson & Johnson/Ethicon are related to its Physiomesh products and are combined under MDL 2782, U.S. District Court, Northern District of Georgia.
The claims against Atrium pertaining to its C-Qur meshes are combined under MDL 2753, U.S. District Court, District of New Hampshire.
A Hernia Mesh Lawsuit Attorney Can Help You File a Claim
If you or a family member had hernia mesh put in and suffered complications, we strongly advise you to seek advice from our hernia mesh lawsuit lawyers, who are experienced in medical product liability claims.
This is especially true if your surgery involved hernia mesh that was part of a recall or if you need clarification on which brand of mesh was used in your procedure. If you have specific questions about hernia repair, one of our attorneys can assist you in getting those questions answered by your doctor or the hospital where you had your operation.
Information Needed Before Filing
Hernia mesh is used for various types of hernias, and many patients are adversely affected. However, to pursue compensation, you’ll need to find out which company manufactured your mesh implant. Your medical records should include this critical detail. If you cannot obtain your records on your own, your lawyer may be able to assist you.
You should also make sure you know the dates of your surgeries, including your original surgery and revision surgery. If you still need to have your revision surgery, request that your surgeon save the removed mesh to use as evidence in your lawsuit.
Preserving key evidence, such as your original mesh, can help you win your case because, in some situations, certain facts can only be proven through a thorough examination of the mesh that was used.
Contact a Hernia Mesh Lawsuit Attorney Today
If you or a loved one suffered complications from hernia mesh, you might be eligible for compensation through either MDL litigation or a settlement. Please remember that there is always a statute of limitations for filing product liability claims, and it varies by state. Contacting an attorney right away will help ensure sure your lawsuit is filed on time.
Fasig | Brooks is dedicated to holding negligent medical device manufacturers accountable when their products cause our clients to suffer. We can help assess the value of any potential claim you have and explain the hernia mesh settlement process. Reach out today to schedule a free consultation.