Who Qualifies for Hernia Mesh Lawsuits?
Has hernia mesh made your life unmanageable or decreased your standard of living? You may be wondering if you can file a hernia mesh lawsuit for the pain, suffering, and medical expenses you incurred due to the surgery. If you or a loved one have experienced complications due to a hernia mesh surgery, read further to find out the information you will need to pursue a lawsuit. You can also contact our firm to schedule a private consultation.
What are Hernia Mesh Lawsuits?
Hernia mesh lawsuits have been filed in response to the hernia mesh medical device that has caused injuries in patients. The hernia mesh supports damaged tissue around a hernia as it heals. During surgery, the mesh is placed across the damaged area in the upper stomach, abdomen, or groin and attached with sutures. The pores in the mesh allow the tissues to grow into the device.
According to the U.S. Food and Drug Administration, most non-absorbable hernia mesh implants should be permanent and stay in the body indefinitely, but some types of hernia mesh are more prone to fail. When these failures happen, doctors must perform surgery to treat the complications such as hernia recurrence, mesh infection, scarring, and bowel obstruction. Individuals who have had complications from hernia mesh surgery may be eligible to file a lawsuit.
Symptoms of Hernia Mesh Failure
It can take weeks to years after surgery for hernia mesh failure symptoms to occur, and one of the most common symptoms of hernia mesh is chronic pain. Hernia mesh failure can lead to life-threatening complications if it is left untreated. Signs of failure include:
- Infection – Hernia mesh infections can happen if bacteria build up in the mesh implant and cause flu-like symptoms, fever, fatigue, and swelling around the surgery site.
- Pain – Pain may be caused by inflammation, scar tissue, nerve damage, or mesh shrinkage.
- Bowel Obstruction – The scar tissue from the implant may block the bowel and lead to vomiting, bloating, constipation, and nausea. A complete obstruction is a medical emergency.
- Hernia Recurrence: When a hernia mesh fails due to degradation, it will break or move from the surgical site, causing the hernia to return.
- Sexual Issues – If the mesh puts pressure on nerves in the spermatic cord or causes inflammation, it can lead to impotence.
- Bulging – Bulging at the hernia site may signal hernia recurrence, dislodged mesh, or infection.
If you were injured due to hernia mesh surgery, you should contact an experienced Ohio attorney. The statute of limitations varies in each state, but an attorney will know how long you have to file a lawsuit. Complications from hernia mesh can often occur right after surgery or years later, so if you believe the mesh caused your injuries or pain, contact an attorney before time runs out and your statute of limitations is up.
What Injuries Can Lead to Hernia Mesh Lawsuits
If your doctor has recommended surgery to correct one of the complications listed below, you may be able to file a hernia mesh lawsuit.
- Adhesion- When the Implant sticks to organ/tissue
- Bowel Obstruction- Hernia mesh sticks to intestines or blocks bowel
- Delayed or Long-Term Complications- Chronic pain or hernia recurrence may occur years after the original surgery
- Groin or Testicular Pain- Pinched nerves cause a burning sensation where surgery is performed
- Hernia Recurrence- Failing mesh may result in hernia returning.
- Infection- inflammation around the hernia can lead to infection
- Mesh failure- implant causes issues and must be removed
- Migration- Hernia mesh moves from the site it was placed during surgery
- Pain- If the pain has not subsided months or years after the surgery, it can lead to nerve damage or chronic inflammation
- Perforation of Organs/Tissue- As the hernia mesh moves from the site it was placed, it punctures other organs or body parts
- Revision Surgery- Surgery to remove a faulty hernia mesh
- Seromas- Fluid buildup around the surgery site
People who have been injured due to hernia mesh surgery may be eligible for compensation for damages that include medical bills, pain and suffering, and loss of quality of life.
Responsible Companies
The companies and their products involved in the hernia mesh lawsuits include but are not limited to:
- Atrium Medical Corp – C-QUR mesh and V-patches
- Covidien/Medtronic – Composite, Progrip, Parietex
- R. Bard – Perfix, Kugel, 3DMax, Composix, Ventralex ST, Ventralex Patch, Supramesh
- Ethicon/Johnson&Johnson – Prolene, Proceed, Physiomesh Flexible Composite
- L. Gore Medical- Dual Pro Mesh
These companies are accused of selling products that have manufacturing defects, defective designs, and failing to warn the public about risks they knew were associated with their products. Compensation claims have been filed for patients injured by these companies’ products.
Potential Damages Awarded
Economic Damages can be awarded if the plaintiff requires multiple surgeries to correct the issues that the hernia mesh caused. Some injuries may require ongoing treatment for years, and these medical bills can be costly, especially if the plaintiff is the primary provider for their family. This can cause financial hardship and loss of income if they miss work to have corrective procedures done, so they may be able to claim lost wages in their lawsuit.
Non-economic damages are emotional and mental, so a plaintiff may file for noneconomic damages if the hernia mesh injury prevented a mother from holding her infant child and caused the mother to become depressed because she could not bond with her child.
Punitive Damages are awarded to a plaintiff to punish the defendant for their negligent and harmful behavior. Punitive damages are a punishment to discourage this behavior from happening again.
Hire an Attorney for Your Hernia Mesh Lawsuit
If you or a loved one sustained an injury or needed surgery to correct issues with a hernia mesh implant, contact our lawyers at Charles Boyk to complete a free assessment of your case. Waiting to file a lawsuit leaves you missing a potential recovery that may cover medical costs, pain and suffering, loss of wages, and punitive damages.
The lawyers at Charles Boyk work to secure our clients the compensation they deserve.
