Compensation For Hernia Mesh: Ins and Outs of the Lawsuit

Hernia mesh complications can bring about significant challenges for individuals who have undergone surgical procedures involving these devices. Consequently, compensation for hernia mesh issues has become a crucial aspect for many patients who seek recourse and support. Let’s dive deeper into this topic in this post!

What Is Hernia Mesh?

Hernia mesh, also known as surgical mesh, is a special medical device made of a flat, flexible weave. This mesh helps support damaged tissue around a hernia while it heals. During surgeries involving hernia mesh, doctors use pieces with suitable size and shape to repair the hernia.

The abdominal wall is made up of layers of strong tissues and muscles. It shields the internal organs and keeps them in their proper places. Sometimes, weak spots in this wall can allow fatty tissues or organs to poke through, causing tears known as hernias.

These hernias often need surgery to fix them. While hernia mesh offers many advantages, some patients might encounter issues, which might lead to the need for another surgery to remove the mesh.

Why Do Doctors Often Use Mesh for Hernia Repairs? 

The usage of mesh makes the repair stronger, helps people recover faster, and lowers the possibility of hernia recurrence. The mesh helps the body’s tissues grow into it, and patients usually have less pain after the surgery. 

Studies show that using mesh can significantly reduce the chances of the hernia recurring compared to using only stitches. Still, factors like the type of surgery and where the hernia is located can affect how likely it is to recur. Technical issues mostly cause early recurrences within two years after surgery.

Complications Related to Hernia Mesh 

Lawsuits were filed by people who faced serious hernia mesh issues so they needed one or more extra surgeries to fix them. You can observe some types of problems in the following list. 

1. Mesh sticking to other body parts (adhesion).

2. Blockage of the bowel due to mesh moving in the body (bowel obstruction).

3. Long-term issues like chronic pain or hernia coming back (delayed or long-term complications).

4. Pain in the groin or testicles caused by pinched nerves (groin or testicular pain).

5. Hernia recurs after the mesh fails (hernia recurrence).

6. Infection around the mesh due to ongoing inflammation (infection).

7. Problems caused by the mesh like pain and hernia coming back, requiring removal (mesh failure).

8. Mesh moving from its original place in the body (migration).

9. Persistent pain after hernia mesh surgery can lead to nerve damage or ongoing inflammation (pain).

10. Mesh puncturing of other organs (perforation of organs or tissues).

11. Need more surgery to remove faulty mesh (revision surgery).

12. Fluid build-up around the surgery site (seromas).

Why Do People File A Lawsuit for Hernia Mesh?

People are filing lawsuits related to hernia mesh because they believe that the mesh used in their treatment didn’t work properly. This resulted in serious injuries and issues that needed more surgery to fix. Generally, these lawsuits suggest the following. 

1. The mesh was designed poorly.

2. There were issues during the manufacturing of the mesh.

3. The instructions and labels on the product didn’t properly warn patients and doctors about the risks of the mesh failing.

4. The doctor who implanted the faulty mesh might have made mistakes during implant surgery.

Patients are taking legal action against the manufacturers of hernia mesh to receive compensation for hernia mesh effects, like lost wages, medical expenses, pain, emotional distress, and difficulty in daily life. Many people are facing ongoing problems caused by the mesh that can’t be fixed even with more surgery.

Hernia Mesh Lawsuit

As of January 2024, there were around 24,837 lawsuits about hernia mesh waiting to be resolved in four different legal groupings. Trials to set examples are expected to start soon. About 2,770 cases against Atrium have been waiting in court in New Hampshire. 

In addition, there were 893 cases against Covidien in Massachusetts. Also, there were about 20,973 cases against C.R. Bard/Davol, Inc. in Ohio. Additionally, there were 201 cases against Ethicon in Georgia.

Who Qualifies to File a Hernia Mesh Lawsuit?

To ensure your lawsuit is filed on time and get proper compensation for hernia mesh, it’s crucial to contact a lawyer. Eligibility criteria may differ according to the following criteria.

1. The surgeon recommended additional surgery due to complications.

2. Scheduled additional surgery due to complications.

3. Original mesh hernia repair after Jan. 1, 2006.

4. Serious injury or infection 30 days after the initial surgery.

5. Patient needs revision or additional surgery due to complications.

6. Advised surgery for complications but was unable to undergo due to medical reasons.

Before filing, it would be better to identify first the mesh brand and manufacturer that will be utilized, usually, it is listed in your medical records. If you can’t access the records, a lawyer might assist. 

Additionally, record or jot down the dates of your original and revised surgeries. Also, arrange to preserve the removed mesh as it could be vital evidence, according to a 2018 court order.

Compensation for Hernia Mesh

Hernia mesh lawsuits against Covidien, Atrium, Bard, and Ethicon haven’t reached public settlements yet. Lawyers usually wait for bellwether trials to predict case values. However, these reports of previous compensation for hernia mesh give an idea of potential amounts.

1. Rhode Island state case against Becton Dickinson (C.R.) Bard subsidiary) resulted in a $4.8 million verdict in August 2022.

2. Antonio Milanesi received a $255,000 verdict against C.R. Bard in April 2022.

3. Atrium reportedly settled for a confidential amount, possibly $66 million, in July 2021.

4. Ethicon also settled confidentially in September 2021.

5. In June 2011, Bard Davol settled 2,600 Kugel hernia patch lawsuits for $184 million.

Predicting compensation for hernia mesh is tough due to case variations. Lawyers and companies consider injury severity, financial impact, quality of life changes, and future medical costs when determining hernia mesh settlement figures.

Hire a Lawyer to Get Proper Compensation For Hernia Mesh!

In summary, if you’ve experienced issues after hernia mesh surgery and want to get proper compensation for hernia mesh, you must hire a lawyer. A skilled attorney can guide you through the legal process and ensure your case is filed correctly and on time. 

With their expertise, you can handle the complexities of the legal system and increase your chances of receiving fair compensation for the challenges you’ve faced due to hernia mesh complications.