We see commercials for mass tort lawsuits on television all the time. Fancy Hernia Mesh lawsuit lawyers get on the screen and tell you that they can get you millions of dollars. They make promises that they can’t keep and make it seem like winning a mass tort case is very easy.
The truth is quite different. Mass tort cases are filed against some of the largest and richest companies in the world. They typically involve very complicated medical issues. Some mass tort cases take more than a year to develop. They can be very painful for the plaintiffs involved.
As painful and as time-consuming as they may be, however, mass tort cases are necessary. They protect people like you from harmful and defective products. Most mass tort cases involve medical products, dangerous drugs or pollution.
Where Can You File a Claim?
One of the more recent mass tort issues has been that of the hernia mesh. It is used to help repair hernias. It’s a pretty simple concept, really. A hernia happens because your intestines bulge through a weak spot on your hernia wall. Doctors use this product to plug the hole. It’s kind of like patching a leak in your bike tire or swimming pool.
Unfortunately, these products are far from perfect. In fact, it’s been found to be quite harmful to many patients. Our Class Action Attorneys are dealing with a number of these claims.
Why Do Mass Tort Lawyers Believe Hernia Mesh Injures their Clients?
Hernia mesh is used in about 90% of all hernia repair surgeries. Most of the products used are manufactured by Bard. Bard has been named in multiple lawsuits over the last few years for all sorts of defective medical products. Another large manufacturer of it is Johnson and Johnson.
Every year, close to a million patients in the U.S. receive a hernia mesh. Sadly, a lot of these patients will end up with negative side effects from the mesh. In fact, it’s estimated that about 50,000 patients will end up filing suit against manufacturers for their injuries.
The problem it is that it’s made out of plastic. Plastic can break and tear. When this happens, patients end up with all sorts of medical issues, including:
- Chronic pain
- Bowel blockage and obstructed bowels
- Tissue fusion
- Mesh migration
- Tearing of internal organs
- Need for secondary hernia repair surgery
- The mesh can travel through the body
If you have a hernia mesh and have experienced any of these, you need to contact a Los Angeles mass tort attorney.
Why Can’t Mass Tort Lawyers Get Hernia Mesh Off the Market?
With all the issues caused by hernia mesh, it begs the question to ask why they’re still used. As mentioned earlier, they are still used in over 90% of all hernia repair surgeries. Despite the obvious dangers, this product is still on the market in most countries.
Johnson and Johnson had several varieties of their product on the market. After severe warnings from the FDA, they did take one version off the market. However, they have no problem marketing the rest of their products for surgeries.
Until it is taken off the market, there will continue to be lawsuits. The product is proven to be dangerous. The manufacturers and doctors are aware of this. So are mass tort lawyers in California.
California Mass Tort Lawyers Are Aware of Several Large Hernia Mesh Cases Pending
Although some of the lawsuits have been settled or dismissed, many are still pending. There are a few major class action suits pending right now. Some may be settled. Others will have to go to trial.
The popular hernia mesh lawsuits pending are:
Bard – Davol Division
The two main Bard products included in these lawsuits are the Composix E/X and the Composix LIP. The company has already paid out hundreds of millions in settled cases. There are many federal cases pending with over 1,800 plaintiffs. And, on top of that, there are individual and class action lawsuits pending against Bard in many states.
Johnson and Johnson (Ethicon)
The division of Johnson and Johnson that makes hernia mesh is called Ethicon. There are close to 1,500 federal lawsuits pending against Johnson and Johnson. The litigation is being handled out of Georgia. The company expects to be named in many more state and federal lawsuits in the coming years. In fact, the first trial isn’t even scheduled to start until the fall of 2019. Although they aren’t the largest manufacturer, they are the most popular named Defendant. This is because the name brings a lot of recognition to the public.
This company makes a hernia mesh called C-QUR. There are only about 500 lawsuits filed against Atrium. Most of these cases are filed out of New Hampshire. But, like the other defendants, they can expect to face more suits as time goes on.
Most mass tort cases are combined into something called Multi-Jurisdictional Litigation. This just means that they combine federal cases from all over the country and try them in one court. This is more streamlined and less confusing. It also saves the plaintiffs, defendants, and courts money. If they had to try cases in every state, it would take forever and cost millions.
If You’ve Been Injured by a Hernia Mesh, Contact a Mass Tort Attorney
The latest update according to drugwatch.com, is following multiple reschedulings, the third bellwether trial involving hernia mesh and C.R. Bard is now slated to commence in October 2023. While Ethicon and Atrium opted for confidential settlements in 2021, there are still ongoing cases in the MDLs (multidistrict litigations) in 2023, which may proceed to trial.
Also, if you or your child have been injured, you need to contact a mass tort attorney. You only have so long to file your claim. If you miss your window of opportunity, you may be forever barred from filing your claim.
Call and schedule your free initial consultation today. Your attorney will review your case and let you know what it may be worth. The insurance companies and manufacturers have attorneys working for them. You should too.