Hernia Mesh Lawsuits: Why Do People File Them?

More than one million hernias are repaired in the United States every year and about 90 percent of them involve the use of surgical hernia mesh to reinforce the weakened tissue. While the implantation of mesh helps many patients to heal, these implants also cause negative side effects in some people. This prompts patients and/or their loved ones to hire personal injury lawyers to help them recover compensation from the manufacturers of these medical devices.

In many cases, the plaintiffs allege that they were not informed about the possibility that the mesh could cause further harm. They claim that they would have opted out of the surgery and looked for other treatments if they had been warned about the potential complications.

Common Injuries and Complications Association with Mesh Implantation

Hernia mesh, also known as surgical mesh, supports damaged tissue as it heals. Surgeons place the mesh across the area around the hernia and attach it with glue, stitches, or staples. Over time, tissue grows into the mesh.

Doctors prefer to use mesh instead of stitches because it is believed to lower the risk of the hernia returning. However, there are a number of issues that can develop following the implantation of mesh. These include:

  • Pain
  • Infection
  • Adhesion (when scar-like tissue sticks together)
  • Migration (when the implant moves from where it was originally implanted)
  • Perforation of tissue and organs
  • Bowel obstruction

Hernia mesh is often considered necessary when treating any type of hernia. However, some complications can arise within days. One study found that 1,050 out of 3,242 hernia repair patients (most of whom had mesh repairs) needed another operation within five years. This surgery was either to repair the hernia again or address a complication relating to the mesh. The researchers, therefore, determined that some of the benefits of mesh were offset by the issues that could develop later on.

What the Lawsuits Against Hernia Mesh Manufacturers State

Thousands of hernia mesh lawsuits have been filed across the country. Manufacturers include Johnson & Johnson, Covidien, Atrium, and C.R. Bard.

Many of the ongoing lawsuits against surgical mesh manufacturers have been consolidated under two multidistrict litigation procedures in New Hampshire and Georgia. However, there are also individual claims and a number of class-action lawsuits.

Many of the claims allege that the makers were well aware of the dangers associated with their products but they didn’t warn doctors and patients about the potential issues. Some of the claims also allege that the manufacturers didn’t carry out proper safety protocols to ensure the products would perform in the way they were intended.

In some cases, the US Food and Drug Administration allowed for 510(k) premarket clearance. This means the devices were deemed to be as safe and effective as a device that was already on the market.

Patients who developed health problems because of hernia mesh implants allege that the manufacturers didn’t do proper research before putting the products on the market. Ultimately, they claim that the devices were defective and they caused unnecessary pain and suffering.

Who Can File A Hernia Mesh Lawsuit?

If you suffered complications as a result of a hernia mesh implant, you may be eligible to file a lawsuit to recover your losses. If a loved one died as a result of complications, you may also have grounds to seek compensation.

By filing an individual lawsuit or becoming part of mass tort litigation, you may be able to claim compensation for medical expenses, past and future lost income, and pain and suffering. Punitive damages are also awarded in some cases to deter companies from acting similarly in the future.

Many people are hesitant to file lawsuits because they worry about the cost. However, you typically don’t have to pay a personal injury attorney until they obtain a settlement or win a lawsuit on your behalf. You’re also entitled to a free consultation that will help you to determine whether or not you have a case that’s worth pursuing.

Contact the Class Action Lawyer Coalition Today!

If you had a hernia mesh implanted and you developed complications, you may be entitled to compensation. However, you need to contact a personal injury lawyer in the Class Action Lawyer Coalition for advice. We represent people across the country and we do everything possible to help them get the compensation they deserve. Book a free, no-obligation consultation today and benefit from our knowledge and experience.