Hernia mesh lawsuits have emerged as a significant area of focus in medical litigation. These lawsuits are legal actions initiated by patients against mesh manufacturers, alleging that they have suffered complications and injuries due to the failure of the mesh.
What Is a Hernia Mesh Lawsuit?
A hernia mesh lawsuit is a legal action taken by a patient against the manufacturer of the mesh, alleging that they have suffered complications and injuries due to the failure of the mesh. The lawsuits claim that the implant devices were defectively designed and that the manufacturers did not adequately warn patients about known and foreseeable risks and side effects.
The Rationale Behind Hernia Mesh Lawsuits
Patients who have experienced complications due to a failed hernia mesh implant may be eligible to seek compensation for the resulting damages. A malfunctioning hernia mesh can cause health problems, expose a patient to complications, or be the result of an improper implant by a surgeon.
Injuries sustained from a malfunctioning hernia mesh that can lead to a lawsuit include:
- Infection and pain (caused by excessive scar tissue, inflammation, nerve damage, or mesh shrinkage)
- Adhesion (when the mesh implant adheres or sticks to other organs or tissue due to inflammation or injury)
- Bowel obstruction / any amount of intestinal blockage
- Internal bleeding
- Fistula (abnormal bonding of two body parts, such as organ or blood vessels to another structure) seroma (fluid buildup)
- Perforation of organs or tissues (including holes or tears)
- Shrinking of mesh
- Revision surgery
In many cases, revision surgery is often required to repair damage caused by the hernia mesh and to replace the defective mesh implant.
Legal Proceedings in Hernia Mesh Lawsuits
Depending on the specifics of your case and the defendant you are suing, your hernia mesh lawsuit may join an existing multi-district litigation (MDL) and be brought to federal court for litigation.
Recent Developments in Hernia Mesh Lawsuits
As of November 2023, over 20,000 hernia mesh lawsuits have been filed. Another 400 new cases were added to the Bard hernia mesh MDL over the last 30 days. There are now 20,768 plaintiffs in this hernia mesh MDL. Since the start of 2023, the Bard hernia mesh MDL has averaged over 300 new cases each month.
Settlements in Hernia Mesh Lawsuits
In recent years, victims of failed hernia mesh devices have settled for more than $830 million collectively. Manufacturers claim their products are not defective but have still settled 50,000+ hernia mesh lawsuits to the tune of $1.1 billion in total.
Hernia Mesh Manufacturers
Several medical device companies manufacture hernia mesh products. These companies include:
- Atrium Medical Corp., a subsidiary of the Swedish multinational company Getinge Group and associated with the German company Maquet.
- C.R. Bard, or simply Bard, and its subsidiary Davol.
- Covidien, a subsidiary of Medtronic.
- Ethicon, a subsidiary of Johnson & Johnson.
- W.L. Gore & Associates, or simply Gore.
Each company produces hernia mesh products that it often arranges into product lines, each of which is a series of fundamentally similar implants.
Have Questions? We Have Answers
Patients who experience complications resulting from a failed hernia mesh implant may be eligible to seek compensation for the resulting damages. If you are considering filing a hernia mesh lawsuit, it is reasonable to have questions.
What criteria are required to file a claim? Which responsible party or parties can you sue? What does the timeline and settlement look like? Will your claim be part of a class action or multi-district litigation (MDL) hernia mesh lawsuit with other plaintiffs?
Reach out to an experienced attorney at our law firm to discuss your specific case.
Looking ahead, the courts are expected to handle multiple hernia mesh claims concurrently, with no indication of these suits slowing down in the near future. As of 2023, Bard faces over 19,000 claims in Federal Court related to failures and complications arising from the use of their hernia mesh products.
Due to the overwhelming number of cases, a Federal Judge established a multidistrict litigation (MDL) to streamline the legal process.
Contact Us Today for a Free Consultation!
If you or a loved one has suffered from complications due to a hernia mesh implant, it’s crucial to understand your legal rights and options. A qualified and experienced attorney at Class Action Lawyer Coalition can be an essential asset in guiding you through your hernia mesh lawsuit.