Medical devices should help patients heal and enjoy a good quality of life. However, some of these products are defective and cause complications as well as pain and suffering. This has led to a large number of hernia mesh lawsuits being filed all over the United States.
If you suffered complications after having hernia mesh implanted, contact the mass tort lawyers at Rueb Stoller Daniel and schedule a free case review. You may have the right to file a lawsuit and obtain compensation.
Here are the essential facts potential plaintiffs need to know.
What Hernia Mesh Manufacturers Are Being Sued?
Current lawsuits involve the following producers of hernia mesh:
- Atrium for the C-Qur mesh product
- C.R. Bard/Davol, Inc. for the polypropylene hernia mesh
- Ethicon for the Physiomesh product.
The plaintiffs claim that the mesh caused harm due to:
- Defective design
- Manufacturing defects affecting a specific batch of products
- Labeling defect for not warning about the risks of hernia mesh failure.
Thus, you need to contact your surgeon and find out what type of product they used for your surgery before getting in touch with a lawyer.
Who Can File a Hernia Mesh Lawsuit?
Hernia mesh lawsuits are filed by people who suffered economic damages and pain and suffering as a result of the harm caused by the defective implant.
You may be eligible for compensation if you meet one or more of the following criteria.
- You need additional hernia surgery due to complications.
- You are scheduled for additional surgery to fix hernia mesh failure.
- Your hernia mesh repair surgery took place on or after January 1, 2006.
- You suffered severe injuries, such as mesh migration, intestinal blockage, or infection more than 30 days after your initial hernia surgery.
- You were told that you need hernia revision surgery but cannot have it due to other medical issues.
If you aren’t sure whether you qualify or have other questions, contact our law firm for a free consultation.
What Complications Can Defective Hernia Mesh Cause?
Defective hernia mesh can cause very severe complications – some of which are even more serious than the original condition they are meant to fix.
- Adhesion caused by the implant sticking to other internal organs
- Bowel obstruction caused by the hernia mesh moving from its place and wrapping around the intestines
- Organ perforations when the mesh punctured various body parts while migrating
- Hernia recurrence when the mesh failed
- Chronic pain.
How Much Compensation Can Plaintiffs Obtain?
The compensation you may get depends on the amount of economic damages you suffered as a result of a defective hernia mesh and the suffering it caused you.
Also, hernia mesh producers settled many cases out of court and these settlements remain confidential. However, some of them were made public.
Thus, strictly for information purposes, here are some results other plaintiffs obtained:
- $1.5 million – Lawsuit verdict in favor of the plaintiff.
- $184 million – Settlement reached by hernia mesh producers.
- $500,000 – Awarded by a court in November 2023.
How Long Do I Have to File a Hernia Mesh Suit?
All US states impose a deadline, called the statute of limitations, for taking action against a defendant. This period varies from state to state. The shortest deadline is one year in Kentucky, Louisiana, and Tennessee, while the longest is 6 years in Maine.
This deadline starts running from the moment the plaintiff discovered or should have reasonably discovered that they suffered injuries due to the defective mesh. This is why it is extremely important to go to the doctor as soon as you experience pain and other negative symptoms after a hernia surgery which involves inserting a mesh.
Injured by Defective Hernia Mesh? Call for a Free Case Review!
If you need supplementary surgery and other treatments due to hernia mesh failure, you may have the right to file a lawsuit against the mesh manufacturer. To know the truth, bring all the available evidence to an experienced mass tort lawyer at Rueb Stoller Daniel.