Hernia Mesh Lawsuit Lawyer – Recall, Settlements & Help
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Lawsuits involving hernia mesh medical devices claim the products are failing at a rate higher than expected, and causing additional surgeries, infections, bowel obstruction, scar tissue and chronic pain.

 

What are the Allegations in a Hernia Mesh Lawsuit

hernia mesh allegations

Plantiff attorneys argue that several of the hernia mesh products have been defectively designed and are causing unnecessary repairs and injuries that would not have occurred if a substitute mesh product or sutures had been utilized.

Hernias often recur after being surgically repaired. However, if a hernia is fixed with sutures, rather than mesh, there generally are less complications.

Court documents also allege that the manufacturers of hernia mesh devices have been marketing and promoting the products for unnecessary use, such as the repair of smaller hernias that can be treated through laparoscopic surgery and stitches.

 

What are the Injuries Being Caused by the Hernia Mesh

hernia mesh injuries

The use of a mesh can be beneficial in the repair of certain hernias, and often result in a faster and long-term recovery compared to other techiniques. No current treatment for hernias is without potential problems.

Whether a mesh product or sutures are used to fix the hernia, the most common complaints include recurrence, long-term pain, infection, intestine blockage, and adhesion (tissues sticking together).

One of the big differences, however, is that a hernia mesh can migrate (move) or shrink, and then cause bowel perforations (holes), obstructions, and additional surgeries. This especially is true if the mesh product is faulty or contains a polypropylene coating.

 

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Why Choose Us

We have been in existence more than 60 years, and considered a national leader in this type of litigation. We have received well over 150 jury verdicts throughout the country in the amount of $1 million or more, and achieved verdicts and settlements in excess of $3 billion.

We are the founder of Mass Torts Made Perfect, which is a national seminar attended by approximately 800 lawyers twice per year where we help teach the successful handling of cases against pharmaceutical and medical device companies. For more information, please visit our About Us section.

in business since 1955 - $3 billion in verdicts and settlements - listed in Best Lawyers in America, SuperLawyers and Trial Lawyers Hall of Fame
What Does It Cost to Hire Us

We provide absolutely free confidential consultations, and if we are fortunate enough for you to hire us, we never will charge you any fees or costs unless you first recover. To review a summary of our fees and costs, click Fees & Costs.

Contact Information

To contact us for a free confidential consult, you can call us at (800) 277-1193. You also can request a confidential consultation by clicking Free & Confidential Consult, which form will be immediately reviewed by one of our attorneys handling the hernia mesh litigation.

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Will the Hernia Mesh Claims be Handled as a Class Action

A class action is a type of lawsuit where a few individuals represent the interest of many individuals, even if they don't have a lawyer and are not named in the litigation. The court rulings and jury rulings impact all persons who are considered a member of the class action, most of whom do not even know they are involved.

This is not the type of litigation we will be pursuing for our clients. Instead, we represent each individual based on his/her specific circumstances, and evaluate the recovery for each client based on his or her facts. Each of our clients always has the option of settling or not settling his or her case.

 
 

Why is a Hernia Mesh Utilized

hernia mesh purpose

Each year approximately one million hernia surgeries are performed in the United States. As part of the repair, one of the devices often used is a hernia mesh. This product is meant to reinforce the area where the hernia is protruding in order to prevent reoccurring hernias.

Hernias are caused by abdominal pressure and an opening or weakness in a muscle or connective tissue. The abdominal pressure can force an organ (such as the bowel, bladder or intestine) or fatty tissue to move through the opening or weak area.

The pressure can result from various activities, such as lifting heavy objects, diarrhea, constipation, chronic coughing and pregnancy. Obesity makes the occurence more likely. Muscle weakness can result from poor nutrition, smoking, overexertion, or a prior surgery.

Symptoms of a hernia include abdominal pain, bulging of the skin, nausea, and vomiting.

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There are several types of hernias: ventral (abdominal wall), inguinal (inner groin), femoral (upper thigh or outer groin), hiatal (upper stomach), incisional (from a surgical cut), umbilical (navel). If a hernia is not causing symptoms or complications, doctors generally will monitor it to see if it improves. Surgery is the only option for a permanent fix.

The incisional hernia occurs when there is a tear in the muscles of the abdominal wall, such as the site where a cut was made during a previous operation, for example a C-section.

A key concern with hernias is strangulation. This is where the blood supply to an organ is being blocked because the organ is pushing through the abdominal wall or tissue.

Manufacturers of hernia mesh products include: (i) Ethicon, Inc., a subsidiary of Johnson & Johnson, which produces the Physiomesh; (ii) Atrium Medical Corporation, a division of MAQUET Medical Systems, which produces the C-QUR; and (iii) C.R. Bard, which produces the Composix and Ventralex.

 

Hernia Mesh Lawsuit News

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A Secret for Patients Undergoing Hernia Repair

Serious complications can occur if the surgical mesh or other devices break or become twisted or dislodged; a commonly used mesh product was recalled in 2006 by its manufacturer because of the potential for breakage inside patients, and a number of class-action suits have been brought by patients who experienced complications like bowel perforation and infection. To read more, click Wall Street Journal

Growing concerns in Canada over surgical mesh usage, recalls

Dr. John Morrison, president of the Canadian Hernia Society, warns that hernia mesh devices may be used too often given the growing questions of the harm being done to some patients. In some cases, he said, a mesh may not be required. To read more, click CTV News - Hernia Repair

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Canadian patients join class-action lawsuit over recalled hernia mesh

Some Canadian hernia surgery patients have launched a class-action lawsuit against the maker of a now-recalled surgical mesh, claiming they weren't warned of its dangers. Patients are speaking out about a surgical device called Physiomesh Flexible Composite Mesh, which was recalled over concerns about higher rates of complications. To read more, click CTV News - Class Action

For additional news stories, click Levin Hernia Mesh News

 

How Much Compensation can be Recovered in a Hernia Mesh Claim

hernia mesh compensation

We will be seeking the following damages for you:

  1. Past and future medical expenses that result from any injuries caused by the hernia mesh.
  2. Past and future pain and suffering caused by the injuries, and the treatment and recovery process.
  3. Past and future wage loss, if any.
  4. Punitive damages, if appropriate.

 

Hernia Mesh Recall

In May 2016, Ethicon voluntarily withdrew the Physiomesh Flexible Composite Mesh after studies determined the medical device was more likely to result in a failed hernia repair when compared to other similar products.

Ethicon mailed an urgent field safety notice to hospitals and doctors telling them to immediately return any unused products, and to stop using the product. Ethicon admitted that the design of its hernia mesh was one of the causes of the failures.

 

Hernia Mesh Settlements

As of this time, there have been no large group settlements involving failures or injuries caused by the Physiomesh, C-QUR, or Ventralex mesh products. Generally, however, large groups of settlements do not occur until such time as a few cases are tried before a jury, and the manufacturer is able to more thoroughly understand its financial risk.

In 2011, C.R. Bard did reach a $184 million settlement involving 2,000 individuals who received Composix Kugel hernia mesh patches manufactured in 2004 & 2005 with defective recoil rings.

 

FDA and Scientific Studies Regarding Hernia Mesh

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Hernia Surgical Mesh Implants

Hernias have a high rate of recurrence, and surgeons often use surgical mesh to strengthen the hernia repair and reduce the risk. Despite this benefit, there are situations where the use of surgical mesh for hernia repair may not be recommended. To read more, click FDA - Mesh Implants

Comparison of Two Mesh/Fixation Concepts for Laparoscopic Ventral and Incisional Hernia Repair

This was a randomized controlled trial comparing two systems of mesh and fixation for laparoscopic ventral and incisional hernia repair. The study was terminated early because the researchers were noticing a high recurrence rate. To read more, click Clinical Trials - Laparoscopic Repairs

Surgical Mesh: FDA Safety Communication

Complications include adverse reactions to the mesh, adhesions, and injuries to nearby organs, nerves or blood vessels. To read more, click FDA - Safety Communication

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Comparison of outcomes of synthetic mesh vs suture repair of elective primary ventral herniorrhaphy

Mesh repair has a small reduction in recurrence rates compared with suture repairs for primary ventral hernias, but an increased risk of seroma and surgical site infections. To read more, click Journal of American Medical Association

Ventral hernia repair with synthetic, composite, and biologic mesh: characteristics, indications, and infection profile

"Three main types of prosthetic mesh are available. Synthetic mesh, such as polypropylene (PP) or polyester, is characterized by high tensile strength and vigorous tissue ingrowth . . . . Composite, or barrier-coated, mesh is a dual-sided prosthetic having a synthetic parietal side to promote a strong repair and a visceral surface that repels tissue ingrowth and decreases adhesion formation. Biologic mesh is a collagen-based human, porcine, or bovine scaffold that may be implanted in the extra- or intra-peritoneal position." To read more, click Surgical Infection

Prospective Study Of A Size Tailored Approach To Repair Umbilical And Epigastric Primary Ventral Hernias

Primary ventral hernias, such as umbilical and epigastric hernias, are best repaired with abdominal wall reinforcement by mesh implantation. Mesh-devices using a dual-sided mesh technology have been developed for the specific indication of small ventral hernias. This study was to determine the best size hernia meshes to use in different situations, but the study had to be terminated because the researchers perceived an abnormally high rate of infections. To read more, click Clinical Trials - Umbilical Hernias

Complications of mesh devices for intraperitoneal umbilical hernia repair: a word of caution

"We have seen several patients with serious late complications of these meshes placed intraperitoneally. Some of these patients needed small bowel resection and mesh removal. Others developed a recurrence because of improper deployment of the mesh in the intraperitoneal position." To read more, click The World Journal of Hernia and Abdominal Wall Surgery