What Is a Hernia Mesh Lawsuit?
A hernia mesh lawsuit is a type of product liability lawsuit that seeks to hold negligent hernia mesh manufacturers responsible for injuries connected to their products.
Hernia mesh is a medical device that supports damaged or weakened tissue. Doctors use it to correct a hernia (a bulging of internal tissues or organs). Most hernias affect the abdominal wall (abdominal hernia) or the inner groin (inguinal hernia).
When a hernia mesh implant is defective, it can cause serious complications and side effects, like bowel obstructions, infections, and chronic pain. In some cases, patients may need to undergo additional surgeries to fix the problem.
More than 20,000 hernia mesh lawsuits have been filed as of September 2023.
Compensation from a lawsuit can be used to help pay for medical treatment, lost wages, and other expenses.
Hernia mesh lawsuits also send a message to medical device makers that their carelessness won’t be tolerated.
See if you qualify for a hernia mesh lawsuit — get a free case review now.
Do I Qualify for a Hernia Mesh Lawsuit?
Whether you are eligible to file a hernia mesh product liability lawsuit depends on when you had hernia mesh surgery and the injuries you developed as a result.
You may be able to file a hernia mesh lawsuit if you or a loved one:
- Had surgery to fix a hernia on or after January 1, 2006
- Experienced health complications from the mesh that required revision surgery
However, you only have a limited amount of time to take action, so it’s important that you contact a product liability lawyer as soon as possible.
Hernia Mesh Complications
Hernia mesh is supposed to help with hernia repair and prevent the condition from recurring after surgery. However, when surgical mesh is defective, it can lead to serious injuries.
Complications caused by hernia mesh include:
- Abnormal connection between organs, intestines, or vessels (fistulas)
- Abdominal pain
- Adhesion (strips of scar-like tissue that stick together)
- Bowel obstructions or blockage
- Chronic pain
- Fluid buildup where the surgery occurred (seromas)
- Hernia recurrence
- Migration of the mesh to other parts of the body
- Perforation of organs or tissue
- Pinched nerves
- Wrongful death
In many cases, patients may need additional surgeries to repair damage caused by defective hernia mesh. However, the mesh may be unremovable because of scar tissue, which can lead to life-long health consequences.
If you had surgery to treat health issues caused by hernia mesh, you may be able to file a lawsuit and seek compensation for your injuries.
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Causes of Hernia Mesh Injury
There are many causes of hernia mesh injuries. In some cases, careless manufacturing processes lead to a dangerous product being placed on the market.
Several factors can contribute to hernia mesh injuries, including:
- Defective designs that cause the mesh to shrink, migrate, or otherwise fail
- Inadequate testing
- Failure to properly warn users about potential risks
For example, Bard’s Composix® Kugel Hernia Patch used a memory recoil ring to keep the mesh’s shape after it was inserted into the body. Unfortunately, the ring wasn’t well designed and broke off, causing the mesh to fail.
How to File a Hernia Mesh Lawsuit
A successful hernia mesh lawsuit can provide compensation for medical care, lost wages, and more.
Learn more about the steps to file a hernia mesh claim.
1. Get a Free Case Review
First, reach out to an experienced hernia mesh lawyer for a free consultation. Use the meeting to learn more about the lawyer and find out whether you have a valid case.
LawFirm.com can help you get started — get a free case review right now.
2. Gather Evidence
If you are eligible to file a lawsuit, your lawyer will start gathering evidence to support your claim.
This evidence may include:
- Information on product recalls
- Medical bills and records
- Testimony from expert witnesses
3. File Your Hernia Mesh Lawsuit
Your lawyer will file your lawsuit before any state deadlines.
State laws called statutes of limitations limit the amount of time that people have to file lawsuits for hernia mesh. Your attorney will act quickly to ensure you don’t miss out on your chance to recover compensation.
4. Negotiate a Settlement
Your hernia mesh lawsuit lawyer will try to negotiate a settlement with the defendant that compensates you for your pain and suffering and any expenses related to your injuries.
If your legal team is unable to settle your case, they may be able to fight for you in court and secure a hernia mesh verdict on your behalf.
How Much Are Hernia Mesh Lawsuit Settlements Worth?
The majority of hernia mesh cases end in settlements, which means the defendant agrees to pay a certain amount of money for the case to end before it goes to trial. Hernia mesh settlements often award hundreds of thousands of dollars to victims and their families.
Hernia mesh lawsuit lawyers and their clients typically prefer settlements because they provide quicker access to money and they’re less risky than a jury trial.
The hernia mesh lawsuit attorneys that LawFirm.com works with have secured more than $9.1 billion for clients across the nation.
Some hernia mesh settlements our legal partners have recovered include:
- $800,000 for a woman in Alabama in her 70s
- $560,000 for a Florida resident in their 40s
- $475,000 for a man in Utah in his 50s
Hernia mesh settlement amounts vary depending on a variety of factors. These include cost of medical bills, severity of injuries, and whether a patient will have a permanent disability.
A hernia mesh lawyer may be able to give you an idea of the potential settlement value of your case.
Hernia Mesh Lawsuit Statute of Limitations
The statute of limitations for hernia mesh lawsuits depends on your state. The clock usually begins to tick when you first discover the medical problems caused by your hernia mesh.
In most states, the statute of limitations for hernia mesh lawsuits is 2-3 years from the date the injury is discovered.
When this deadline passes, you will no longer be able to file a hernia mesh lawsuit and seek compensation for your injuries.
Regardless of when your injury occurred, it’s best to reach out to a personal injury lawyer for hernia mesh injuries as soon as possible. They can tell you about the statute of limitations in your case and whether any exceptions may apply.
Hernia Mesh Lawsuit Update 2023
Since injured patients began filing hernia mesh lawsuits in 2007, tens of thousands of victims have filed claims — and many have resulted in substantial payouts.
Hernia mesh lawsuits generally allege that manufacturers placed a defective product on the market and failed to warn patients of the risks associated with them.
Many of these lawsuits have resulted in substantial payouts to injured patients.
In April 2022, for example, an Ohio jury awarded $255,000 to a man who alleged that C.R. Bard’s Ventralex mesh degraded and caused him to develop an infection and bowel abscess. He said he needed a second surgery to repair the damage.
In August 2022, a Rhode Island jury awarded $4.8 million to a man who alleged that Ventralex mesh became embedded in his tissue, caused pain and inflammation, and required revision surgery.
Hernia mesh manufacturers named in lawsuits include:
- Atrium Medical: Many lawsuits claim that Atrium’s C-Qur™ mesh’s fish oil coating increases infection and adhesion rates and has caused chronic pain and even wrongful death in some cases.
- Covidien: Covidien’s Symbotex™ hernia mesh products were cleared but not approved by the U.S. Food and Drug Administration (FDA), which means no human studies were performed on the products before they were released to the public. Lawsuits allege that Symbotex™ can cause many complications, including excessive inflammation and chronic mesh infections.
- C.R. Bard and Davol Inc.: This company, owned by Becton, Dickinson, and Company (BD), designed the Kugel Patch Bard hernia mesh for minimally invasive hernia surgeries. Unfortunately, the Kugel Patch had a defective ring that could break and puncture organs, leading to bowel perforation. In 2018, Bard stopped marketing the Kugel Patch in the U.S.
- Ethicon: Physiomesh™ has attracted attention for using less polypropylene (a thermoplastic) than other hernia mesh products. However, due to this design choice, Ethicon’s Physiomesh™ is more likely to break apart and move within patients’ bodies and may result in serious complications.
Get Help With Hernia Mesh Lawsuits
If you or a loved one has suffered health problems from hernia mesh, our team at LawFirm.com may be able to connect you with top hernia mesh lawsuit attorneys if you qualify.
The lawyers in our network have recovered more than $9.1 billion for injured clients across the country. Plus, they never charge any upfront fees, which means there is no financial risk to you.
Medical device makers should be held responsible for harming innocent patients who relied on their products to improve their health.
Take the first steps toward pursuing justice and compensation: get a free case review now.
Hernia Mesh Lawsuit Information FAQs
What is the average payout on a hernia mesh lawsuit?
Hernia mesh lawsuit payouts vary from case to case depending on details like the severity of the injury and the cost of related medical expenses.
Some of the hernia mesh settlements our legal partners have secured include:
- $800,000 for an Alabama woman
- $560,000 for a Florida man
- $475,000 for a Utah man
A hernia mesh attorney can fight for all of the compensation you deserve.
Has anyone won a hernia mesh lawsuit?
Yes, many people have won hernia mesh injury lawsuits.
For example, in August 2022, a Rhode Island jury awarded a Hawaii man $4.8 million against hernia mesh manufacturer C.R. Bard Inc. The man alleged that the company’s Ventralex hernia repair mesh became entangled with his tissue, causing inflammation and pain. His injuries eventually required revision surgery.
How do I know if I qualify for the hernia mesh lawsuit?
You may be eligible to file a hernia mesh lawsuit if you received hernia mesh surgery on or after January 1, 2006, and later developed severe complications that required a second surgery.
The best way to find out if you are eligible is to contact an experienced hernia mesh lawyer.
What years were hernia mesh products recalled?
Hernia mesh manufacturers have recalled over 211,000 units of hernia mesh between 2005 and 2019.
Here’s a breakdown of some hernia mesh recalls:
- C.R. Bard recalled the Kugel Patch in 2005 and 2007.
- Atrium recalled C-QUR™ in 2013.
- Ethicon recalled Physiomesh™ in 2016.
Is there a hernia mesh class action lawsuit?
Currently, there is a multidistrict litigation (MDL) for hernia mesh. An MDL is similar to a class action in that it consolidates many claims from victims who have suffered similar harm.
This helps to speed up the litigation process and resolve claims more quickly than if people had filed individual lawsuits.
A lawyer can tell you whether you are eligible to participate in a hernia mesh MDL.
How do I find the best lawyers for a hernia mesh lawsuit?
LawFirm.com can connect you with top hernia mesh lawyers who can help victims in all 50 states.
The lawyers who work with us have recovered more than $9.1 billion for families injured through no fault of their own, and they never charge any fees in advance.
Get a free case review now and see if you may be able to take legal action against the companies that caused you harm.