Tag Archives: Hernia

What you need to know before you file Hernia Mesh Lawsuit

About Hernia and Hernia Mesh

What Is A Hernia?

A hernia is a medical condition in which an organ or a piece of fatty tissue protrudes through the wall of muscle or connective tissue that normally keeps it contained. This causes discomfort and often painful pressure. While hernias can develop throughout the body, they most commonly occur in the groin or abdominal area.

What Is Hernia Mesh?

Hernia mesh is a medical device used to repair hernia’s during surgery. The material acts as a prosthetic barrier to hold the organ or tissue in place. In some instances, doctors staple hernia mesh implants to keep them in position.

What is it made of?

In the past, surgeons uses cleaned and disinfected animal tissue. This organic material came from the stomachs or intestines of cows, pigs, or other animals.
However, modern surgical mesh is mostly made of synthetic materials. This allows them to be sterile and less likely to get rejected by your body. The fibers that make up the material vary depending on the manufacturer.

How long does surgical mesh last?

Surgical hernia mesh comes in two main varieties: Absorbable and non-absorbable.

Absorbable Mesh: Designed to break down over time as your body regrows tissue to repair the hernia naturally.

Non-Absorbable Mesh: A permanent prosthetic designed to repair the hernia. When working properly, these will not dissolve.

Is Hernia Mesh Safe?

Yes, when functioning properly, hernia mesh is safe. Any procedure carries some risk, but hernia repair is some other surgeries.

However, hernia mesh is not without it’s own problems. Bacterial infection, inflammation, and other complications can occur. Like other forms of repair, there is a chance that the mesh won’t work and patients experience hernia recurrence. Other problems that can occur with hernia mesh include:

Adhesion: Scar tissue forms around the device, connecting internal organs. This can cause your organs to bunch up, creating potential medical issues.

Obstruction: Scar tissue forming around the hernia mesh constricts or blocks your intestines, blood, or other bodily functions.

Perforation: The surgical mesh punctures connective tissue or the wall of an internal organ. Can be life-threatening if left untreated.
Like other medical devices, there is also a chance that the hernia mesh you receive is defective and under recall. If you experience pain and discomfort after your surgery, speak with your doctor.

The Philadelphia Injury Lawyers of Hernia Mesh

According to the FDA, surgeons perform one million hernia repair surgeries every year. As many as 30% report experiencing chronic pain after the procedure. It shouldn’t have to be this way.

Your pain could be due to a defective mesh used in your hernia repair. If it was, the manufacturer of that device is responsible for the pain their product caused. They’ve paid out millions to other patients already. You deserve compensation.

You are not alone.

This Is What We Can Do For You

  • Get What You Deserve: Attorneys get their clients 3.5 times more compensation than individuals get filing on their own. How do we know? Because at our Law Firm, we’ve helped our clients recover millions of dollars.
  • Free Consultation: You don’t have to pay anything to speak with your lawyer. They’ll review your case and give you legal options at no cost.
  • You Don’t Pay Until You Win: Filing a lawsuit won’t cost you anything. Your lawyer doesn’t get paid unless they’re successful with your claim.
  • We Handle Everything: Your lawyer will handle all the paperwork for your case and represent you in court. Getting compensated for your hernia mesh complications shouldn’t be a hassle, we’ll make sure it won’t be.
  • You Are More Than A Number: We will never treat your case as a statistic. You’re dealing with real issues right now, your claim won’t have to be one of them. We’ve helped hundreds of clients like you to get compensation for their personal injury.

Call Today To Discuss Your Hernia Mesh Case With An Attorney

(888) 734-6587

Why Are People Suing?

Using surgical mesh to repair a hernia isn’t new. While the materials might change, the surgery is one of the most popular ways to address a hernia. In fact, by the 2000’s mesh repairs accounted for more than 90% of groin-area hernia surgeries. A successful procedure reduces recovery time and can limit complications.

But reducing complications isn’t the same thing as eliminating them. Patients can still experience pain, infection, or hernia recurrence. In some cases, these complications occur due to a defective mesh. Companies that design surgical materials have a responsibility to make their products safe. If they sell something that’s defective, they have to issue a recall. By the time most companies do this, however, thousands of patients might already have the mesh inside them.

Recently, patients who received Physiomesh or C-Qur reported a high number of complications. These are two popular brands of surgical mesh used to repair groin hernias. Ethicon’s subsidiary Johnson & Johnson make Physiomesh while Atrium Medical Corporation manufacturers C-Qur. Both devices are currently under recall due to patient complications.

Defective hernia mesh can lead to painful, often expensive, complications. To repair or replace the mesh a patient will have to undergo at least one extra surgery. This means more time out of work and months of recovery. This costs a lot of money, money that you shouldn’t have to pay. If you’re suffering because of your hernia mesh, you have the right to sue.

Filing a hernia mesh OR Medical Malpractice lawsuit can get you the money you deserve and pay for bills caused by your complications.

How Much Can I Get?

Every personal injury lawsuit is different and the amount of compensation you’re entitled to depends on the details in your claim. If a lawyer sues a hernia device manufacturer on your behalf, they base how much they seek based on a few factors, including:

  • Medical Bills
  • Lost wages due to illness
  • Pain & Suffering

In 2017, several class action claims came out against large surgical mesh manufacturers. These cases are still pending. However, in 2011, C.E. Bard announced that they would settle hernia mesh claims for $184 million dollars.

Lawsuits about surgical mesh isn’t limited to hernia repair, however. In 2017, several manufacturers lost multi-million dollar claims for transvaginal mesh. When you contact us, Our attorney will help you walk through your claim and provide an estimate for the damages they’ll seek.

Hernia Mesh Recall Information

Companies selling surgical mesh have to make sure the product meets high standards. To test their product, they’ll use machines, computers, and case studies. But even the best case studies cannot predict everything. Some problems could take years to appear. If they do, the company recalls the product, preventing surgeons from using it.

Physiomesh Recall

In 2016, Johnson & Johnson voluntarily recalled their Ethicon Physiomesh™ Composite Mesh. Ethicon reviewed two studies of their composite mesh. These studies monitored the progress of patients who had their product . In both cases, the results showed a higher incidence of new surgery or hernia recurrence in patients using the composite mesh.

C-Qur Mesh Recall & Injunction

In 2013, the FDA issued a recall for C-Qur Mesh, manufactured by Atrium Medical Corporation. However, this particular recall had nothing to do with the products safety. Instead, a flaw in the packaging caused the device to stick to the inside lining, making it unusable. Unfortunately, this was only one of the problems discovered at Atrium Medical Corporation.

After a multi-year investigation, the FDA issued a permanent injunction against Atrium Medical Corproation in 2016. The report found that the company failed to address multiple safety violations. In 2017, they are one of several companies facing class action lawsuits over defective surgical mesh.

Other Hernia Mesh Recalls

The recall for Physiomesh and C-Qur might be in the news thanks to recent lawsuits, but they are not the only examples of defective or potentially dangerous mesh. If you had a hernia repair procedure, speak with your doctor to confirm the material they used is not currently under recall. Our Hernia Mesh Recall resource center includes additional information on how to check the recall status of your surgical mesh with the FDA.

After you consult with your surgeon, you should contact a hernia mesh attorney and discuss your options.

Why are there so many complications?

Any time you have a surgery, you have the chance of bacteria or other foreign objects entering your body. Like any other surgical material, hernia mesh should always be clean and sanitary, but mistakes can happen. Even if your surgeon and the mesh company do everything right, infection can still occur.

However, some brands of hernia mesh, such as Atrium’s C-Qur, seem to have a higher chance of infection. If you experience any discomfort after a hernia repair surgery, call your doctor. If your mesh caused the complication, you could be entitled to compensation.

How Do I Know If I Have A Case?

The quickest way to know whether or not you have a case against a mesh manufacturer is to give us a call. We’ll connect you with our best lawyer who understands the complications that defective mesh can cause. They’ll listen to you describe your symptoms and ask you questions about your surgery. Then, they’ll let you know what your options are. You could qualify for two types of cases:

Individual Claim: If the details of your case are unique, your lawyer could recommend an individual lawsuit where you sue the manufacturer, hospital, or doctor for your injuries.

Class Action Lawsuit: In some cases, a flaw in the design of the surgical mesh causes complications or infections for many patients. If this is the case, you may qualify for a mass tort lawsuit, where your lawyer sues the manufacturer on behalf of everyone who received their product.

Is There A Statute Of Limitations?

Hernia mesh lawsuits are a form of product liability. This means that the statute of limitations comes from something known as the “discoverability rule.” The term means when you learned, or should have learned that your symptoms stemmed from hernia mesh. After you learn that the mesh caused your injury, you have a limited amount of time to file a claim.

The laws concerning discoverability vary depending on your state. Because of this, we recommend that you contact an attorney as soon as you think you might have a claim. It’s not too late to get the compensation you deserve.

Contact A Hernia Mesh Lawyer

You shouldn’t have to accept years of pain and discomfort due to defective hernia mesh. In 2017, thousands of other injured patients are suing Johnson & Johnson, Atrium Medical Corporation, and other manufacturers for compensation related to their injuries.

Calling and consultation is always free and you won’t pay a dime in fees until you win your claim.

Call (888) 734-6587 to discuss your hernia mesh case with an attorney. We are here to help.