Hernia Mesh Lawsuit

Hernia treatment has become an increasingly common surgery in the United States over the years. Nowadays, over a million individual hernia repair surgeries are performed nationwide. Around 800,000 of these surgeries repair inguinal hernias, while the remainder repair other kinds of hernias.

If your hernia repair surgery caused complications, you may be entitled to compensation. To learn more about filing a product liability lawsuit, get in touch today.

What Is A Hernia Mesh?

Hernia mesh, also referred to as surgical mesh, is a medical device commonly used to repair hernias. In fact, hernia mesh is used in the vast majority of hernia surgeries in the United States.

Here’s how it works: The mesh surrounds the damaged tissue, and is attached with staples, glues, or stitches. The tissue then grows through the pores of the mesh as it heals. While some medical studies have shown that mesh implantation surgeries lead to fewer recurrences, others have found that complications are common.

What Is A Hernia Mesh Lawsuit?

Hernia mesh lawsuits initially arose in response to the adverse side effects that unsuspecting patients experienced. Used in roughly 90 percent of all hernia repairs performed annually (800,00 per year in the U.S. alone), hernia mesh left many patients with terrible complications.

There are several major hernia mesh manufacturers in the U.S. The three that are facing the most lawsuits for product failure and complications include Atrium Medical, C.R. Bard, and Ethicon (a division of Johnson and Johnson). These three companies combined now face over 50,000 individual lawsuits for these medical devices that have caused severe internal injuries.

Surgical hernia mesh medical devices are either made of synthetic polypropylene materials or natural ones derived from animals. The materials have much in common with other kinds of surgical repairing products like bladder sling devices and transvaginal mesh – both of which have led to thousands of lawsuits for medical injuries over the past years.

Lawsuits for hernia mesh devices center on side effects that can be very severe in some cases. Side effects include the following:

• Chronic pain
• Infection
• Tissue fusion
• Blocked bowels
• Mesh migration
• Mesh shrinking
• Organ perforation
• Recurring hernias

In a significant number of the hernia mesh implantations, adverse side effects have been severe enough that patients were forced to undergo more surgery to remove the medically defective devices, reconstruct damaged tissues, and repair the original hernia. These additional operations put patients at risk and all too often result in considerable pain and lengthy recovery times.

How Many Hernia Mesh Recalls Have There Been So Far?

The following companies have recalled hernia mesh products:

• Atrium Medical
• Bard Davol
• Ethicon

According to Drug Watch, more than 211,000 units of hernia mesh have been recalled or withdrawn from the market by these brands between 2005 and February 2019.

How To File A Hernia Mesh Lawsuit?

The Mike Hostilo Law Firm is a strong advocate for injury victims, fighting to hold manufacturers accountable for the defective products that put patients at risk. Our hernia mesh lawyers will fight for the damages patients deserve, including compensation for medical expenses, pain and suffering, loss of quality of life, loss of income/earning capacity, and more.

The plaintiffs who have filed hernia mesh lawsuits against manufacturers have three main causes of action:

• Defective design
• Manufacturing defects
• Failure to warn

If you are interested in pursuing a product liability claim or hernia mesh lawsuit, contact our team today. Our personal injury law firm offers trusted legal representation, fighting to see justice done on behalf of our clients.

4 Things To Know Before Filing A Hernia Mesh Lawsuit?

There are a few key things to consider before filing a hernia mesh lawsuit. Take a look at the list below, then schedule a free consultation with one of our qualified hernia mesh lawyers.

1st: Know The Manufacturer of Your Hernia Mesh
Start by determining which company manufactured your hernia mesh device. The hospital’s surgical records will provide this detail – and because it determines where your claim is filed, it is incredibly important.

2nd: Know the Dates of Your Hernia Mesh Surgeries
Your medical records will provide this information as well. In addition to your records, collect any other documentation available, like consent forms and procedure brochures. Your hernia mesh lawyer will agree that there’s no such thing as too much information!

3rd: Hire a Hernia Mesh Attorney to Review Your Legal Claim
If you have not already hired an experienced hernia mesh lawyer, be sure to schedule a free consultation. A qualified personal injury law firm can help determine if you have a valid product liability claim.

4th: There Is A Deadline, Act Fast!
Keep your state’s statute of limitations in mind. If you wish to file a hernia mesh lawsuit, don’t delay! It’s best to contact your attorney immediately.

What is the Statute of Limitations for a Hernia Mesh Lawsuit?

The statute of limitations varies state to state. A hernia mesh lawsuit is legally considered a product liability case and each state has its own statute of limitations to file a product liability case.

For example:

• Georgia’s statute of limitations for a product liability case is 2 YEARS.
• Alabama’s statute of limitations for a product liability case is 2 YEARS.
• South Carolina’s statute of limitations for a product liability case is 3 YEARS.

Non-Surgical Hernia Repair

Many surgeons will advise that you first engage in what they call “watchful waiting.” This treatment – one that is not really a treatment at all – involves watching the hernia closely to ensure it is not growing larger or creating problems for the patient.

The fact is that surgery remains the only form of effective treatment for hernia repair. This choice allows patients who do not complain from hernia-related symptoms or complications to see if the hernia condition is stable so that surgery is not necessary.

Surgical Hernia Repair Treatments

Two primary forms of surgical treatment exist for hernias. These treatments are Laparoscopic and Open Repair.

Laparoscopic surgery
With Laparoscopic surgery, surgeons start by creating a few tiny incisions in the patient’s abdomen, allowing their tools to reach inside and repair the hernia in question. Laparoscopic surgery does not require the use of surgical mesh, though it can be utilized if so desired.

Open Repair surgery
With Open Repair surgery, the doctor creates an incision close to the hernia in order to repair the weakened muscle areas. Such Open Repair surgery can also be performed either with or without surgical mesh. Some Open Repair makes use of sutures but no mesh, a method called primary closure. For infants, people with smaller hernias, infected hernias, or strangulated hernias, primary closure is preferred.

Why Are These Types of Hernia Repair Treatments Used?

Hernias commonly recur. Because of this, surgeons will often use surgical mesh to strengthen the hernia repair and decrease the chances of recurrence. Starting in the 1980s, there was a marked increase in mesh-based hernia repair. By 2000, non-mesh surgeries made up fewer than 10 percent of all groin hernia repairs.

Besides the stronger repairs, surgical mesh is also designed to boost the patient’s successful results with shorter operating times and more comfortable recovery times. But patients should be aware that recovery is also a function of the kind of hernia, the condition of the patient before and following the surgery, and the surgical approach employed.

Medical literature conclusively finds that hernia recurrence using surgical mesh is significantly reduced versus such repair that does not employ surgical mesh. As an example, inguinal hernia recurrence becomes higher following open repair utilizing sutures in primary closure than that repaired with mesh.

Some situations arise where using mesh for hernia repair is not recommended. It is always wise to discuss the best techniques with the surgeon regarding the patient’s circumstances and particular hernia situation.

Surgical Mesh for Hernia Repair

The surgical mesh itself is a medical device. The mesh has become popular for providing greater support to damaged and weakened tissue. Most of these devices on the market today were built from either animal tissues or synthetic materials.

Synthetically engineered mesh comes in two forms: knitted mesh and non-knitted, sheet-like structures. The synthetic materials have the advantage of availability and can be absorbable, non-absorbable, or both.

Mesh that is constructed from animal tissues generally comes from skin or intestine. These will have been disinfected and processed, making them suitable for implantation in humans. The advantage to the animal-based mesh, typically from cow or pig tissue, is that they are all absorbable.

With a mesh that is non-absorbable, it is intended and designed to stay within the human body forever as a permanent medical implant. This mesh effectively reinforces the repaired hernia permanently. Absorbable mesh, on the other hand, will gradually deteriorate and diminish in strength with time. That is why it was never intended to deliver longer-term reinforcement to the site of hernia repair. When the material naturally degrades, the body is supposed to produce new growth tissue to strengthen the repaired place naturally.

Complications Arising from Hernia Revision Surgery

The FDA has done extensive analysis of medical hernia mesh devices to determine their safety for continuing use in humans. Their review of both scientific publications and adverse event reports have helped them to understand the complications of surgically repaired hernias. These include all the following:

• Infection
• Pain
• Hernia recurrence
• Adhesion of scar tissues causing them to stick together
• Obstruction of small and large intestines
• Bleeding
• Abnormal connections between intestines, vessels, and organs
• Seroma – fluid building at the site of surgery
• Perforation – holes developing in the adjacent organs or tissues

Negative Impacts of Hernia Revision Surgery
Some of these negative effects have proven to be more common and severe than others. The most common negative impacts of hernia repair surgery using mesh include the following:

• Pain
• Infection
• Adhesion
• Hernia recurrence
• Bowel obstruction

Besides these, additional possibly severe events that happen after the hernia mesh repair surgery include mesh contraction (or shrinkage) and mesh migration.

Defective Hernia Mesh Complications
A great number of complications that result from surgical mesh hernia repair have been shared with the FDA. Many of them were connected with mesh products that were subsequently recalled and are no longer offered for sale. Recalled mesh device symptoms most commonly reported to the FDA include the following:

• Pain
• Infection
• Adhesion
• Recurrence
• Perforation
• Obstruction

In the analysis of negative reports, the FDA found that such recalled hernia mesh products proved to be the primary contributor to bowel obstruction and perforation complications.

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Brief History of Hernia Mesh Implant

Why Were They Created?
Initially, the manufacturers of hernia mesh intended for it to decrease complications associated with hernia repair as well as improve the success rates for these repair surgeries.

It was more than five decades ago that such synthetic surgical mesh first saw its use in medicine. It only became widespread back in the late 1980s and early 1990s.

Health Problems Began
But by the year 2000, a range of reports trickled in, with rumors emerging of severe complications from the devices and procedures. Despite this fact, the use of such surgical mesh has only become more widespread and popular in hernia revision surgery.

Today, approximately 90 percent of hernia repair surgeries are completed with the use of a surgical mesh medical device implanted in the patient. The FDA continues to add to its own hernia mesh recall list and to issue defective hernia mesh recalls from time to time.

The Harm Continues Today
Hernia mesh medical devices have easily caused as many problems as they have solved. They became heavily used throughout the late ’80s and early ’90s and have only gained more significant market share since then.

Thousands of cases of severe complications from the use of mesh deviceshave led to as many as 50,000 individual lawsuits against the big three manufacturers of medical hernia mesh devices.

The FDA created a hernia mesh recall list as reports of severe complications poured in over the years. Defective hernia mesh recalls have not stopped still more surgical complications and lawsuits though.

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The Mike Hostilo Law Firm can manage your hernia mesh lawsuit, as well as a wide variety of other cases – including car crashes (internal link), trucking accidents (internal link), motorcycle accidents (internal link), workers’ comp (internal link) and other accident lawsuits (practice areas page internal link). We are here to help!

Our personal injury law firm proudly serves accident injury victims throughout Georgia, Alabama, and South Carolina. We offer trusted legal advice and legal representation for your accident lawsuit.

So, if you’re searching for a trusted personal injury law firm near me to fight for your hernia mesh lawsuit, contact The Mike Hostilo Law Firm today!

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Hernia Mesh FAQs

How do I qualify for a hernia mesh lawsuit?

You may qualify for a hernia mesh lawsuit if you:

• Had hernia mesh surgery any time after June 2008
• You received a hernia mesh implant to repair a hernia
• Experienced an injury or complication due to your surgery, such as an abdominal infection, perforation, adhesion, etc.

How much is a hernia mesh settlement?

The value of your hernia mesh lawsuit depends on your particular circumstances. While some case action suits have settled for millions of dollars, most people receive around $70,000 on average.

What is the statute of limitations for a hernia mesh lawsuit?

The statute of limitations varies from state to state. Because a hernia mesh lawsuit is considered a product liability case, Georgia residents have three years to file a claim. South Carolina residents also have three years to file a hernia mesh lawsuit.

How long does a hernia mesh repair last?

Research fails to provide any definitive data about how long hernia mesh repairs last. One study, performed by JAMA Surgery in 2014, found that hernias only recurred in 2.7% of mesh repairs, compared to 8.2% of repairs with stitches. Other research reveals the dangerous complications associated with hernia mesh repair.

How long does a hernia mesh lawsuit take?

Due to their complicated nature, hernia mesh lawsuits often take years to settle. The length varies from case to case, and is often determined by the extent of your complications/injury, the surgeon’s track record, and the amount of evidence needed to prove your claim.

How long does it take a hernia mesh to heal?

After hernia mesh surgery, most patients return home the very same day. Full recovery typically takes about four to six weeks.

How can I tell if my hernia mesh repair failed?

If you are experiencing any of the following symptoms, your hernia mesh repair may have failed: 

• Incision site swelling 
• Incision site pain
• High fever
• Flu-like symptoms
• Bowel obstruction
• Bowel movements issues
• Severe pain
• Hernia recurrence

Can a hernia come back after a hernia mesh repair?

Yes, hernia recurrence is possible. Defective or recalled mesh increases your chances of a failed hernia mesh repair.

Can you feel the hernia mesh after surgery?

Yes. In fact, the sensation of “feeling” the hernia mesh is the most common concern of patients following their surgery. Swelling and fluid accumulation in the groin may also occur, feeling like a lump.

Is hernia mesh safe?

In some cases, no. Hernia mesh has been used for more than three decades to successfully repair hernias. But defective hernia mesh can cause serious complications. While many brands boast top safety rates, others face serious lawsuits. If your hernia mesh surgery resulted in an injury, contact a product liability lawyer near you. 

What type of complication happens with a hernia mesh?

The U.S. Food and Drug Administration is responsible for tracking reports of hernia mesh complications. Thousands of reports by doctors, patients and manufacturers have been analyzed to determine the most common complications. They include the following:

• Pain
• Infection
• Hernia recurrence
• Adhesion
• Bowel obstruction
• Organ perforation

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