Hernia Mesh Lawsuit And Settlement Update August 2021
Unfortunately, as we have already mentioned, the Hernia Mesh litigations taking place throughout the country had been experiencing delays due to COVID-19. However, we now see things picking up dramatically for our clients, with numerous bellwether trials on the horizon that will, hopefully, move the cases towards resolution through trial and/or settlement. So, if you are wondering: “What is the average payout for a hernia mesh lawsuit?” be sure to read our Guide to Figuring Out What Your Defective Hernia Mesh Case is Worth.
Most importantly, if you have been thinking about filing a Hernia Mesh lawsuit or just talking with an attorney about a Hernia Mesh settlement, you should act quickly. Contact our Hernia Mesh attorneys now for a free consultation.
A hernia is a common condition that is treated, in many instances, through the use of surgical mesh.
However, plaintiffs in numerous pending lawsuits throughout the country have alleged that various types of surgical hernia mesh are defective and have caused grave injuries to patients, leading to extensive revision surgeries and treatments.
Complications related to hernia repair with surgical mesh have been reported to the U.S. Food & Drug Administration (FDA) and include;
- pain,
- infection,
- adhesion,
- obstruction, and
- bowel perforation.
Claims have been filed nationwide against various manufacturers and distributors of hernia mesh, including Johnson & Johnson/Ethicon (Physiomesh), Atrium (C-Qur), Bard/Davol, Medtronic, and Covidien.
Did you have hernia mesh surgery? Did you have complications? Are you impacted by the hernia mesh recall? Speak with our hernia mesh attorneys today to be sure.
What is Hernia Mesh?
A hernia occurs when an internal organ or other body part protrudes through the wall of muscle or tissue that normally contains it. Hernias can occur in different parts of the body and are described in a variety of ways, including inguinal, hiatal, umbilical, femoral and incisional. The surgical mesh used to repair hernias comes in different forms of sheets, patches and plugs. Hernia mesh is used to provide additional support to weakened or damaged tissue. Hernia mesh is often constructed from synthetic materials, which can be absorbable or non-absorbable. When non-absorbable hernia mesh is used, it is considered a permanent implant providing reinforcement to the repaired hernia. Absorbable mesh degrades over time and is not intended to be a permanent repair but instead to temporarily provide support while new tissue growth occurs.
Do I Have a Hernia Mesh Surgery Lawsuit Claim?
If you have had a laparoscopic hernia mesh implant procedure anytime between 2007 and 2016, and have suffered one or more of the following complications, you may be entitled to compensation.
- Adhesion
- Fistula
- Migration
- Bowel obstruction
- Organ perforation
- Infection
- Seroma
- Severe pain (documented in medical records)
- Revision/removal surgery
Have Hernia Mesh Recall Lawsuits Been Filed?
Numerous lawsuits across the nation have been filed against the manufacturers of hernia mesh. Plaintiffs allege that the manufacturers should have warned patients – and their doctors – of the known potential defects in the devices and the side effects of hernia mesh implants. Further, many of these devices were subject merely to the FDA’s expedited approval process.
The claims against two of these manufacturers have already been consolidated into Multi-District Litigations (MDLs), which centralize pretrial activities for multiple cases to save time, court costs, and attorneys’ fees. Claims against Johnson & Johnson/Ethicon related to its Physiomesh products have been consolidated under MDL 2782, U.S. District Court, Northern District of Georgia. Claims against Atrium over its C-Qur products have been consolidated under MDL 2753, U.S. District Court, District of New Hampshire.
Cases related specifically to Physiomesh assert that its multi-layer coating prevented adequate incorporation of the mesh, causing serious complications. Further, the mesh is allegedly insufficient to withstand normal abdominal forces, causing herniations through the mesh itself.
Cases related to the Atrium (C-Qur) hernia mesh assert that its fish oil gel coating caused complications, including detachment from the implanted device — resulting in adhesions and adherence to internal organs, among other complications. Plaintiffs allegedly experienced severe abdominal pain and a recurrence of the hernia, requiring surgery, and sometimes multiple surgeries, to remove the hernia mesh.
Cases related to Covidien hernia mesh, sold by C.R. Bard, Inc., assert that a resin-based plastic was used in Covidien’s hernia mesh implant. That plastic was the subject of a manufacturer’s Material Safety Data Sheet (MSDS), which was provided to OSHA to communicate that the plastic should not be used in medical applications involving implantation in the human body or contact with internal body fluids or tissues. The resin-based plastic rings used in these mesh devices are alleged to have caused perforations, pain, obstructions, and infections.
Are You Impacted by the Numerous Pending Hernia Mesh Settlements? You May Be Entitled to Compensation.
If you or a loved one have had hernia mesh implanted and suffered an injury, it is strongly recommended that you seek counsel with our hernia mesh attorneys, who are experienced in hernia mesh claims and injuries.
Stark & Stark hernia mesh attorneys are actively seeking hernia mesh settlements and filing surgical mesh lawsuits against manufacturers on behalf of patients injured by these potentially defective devices.
Some types of surgical mesh have been pulled from the market, including Johnson & Johnson/Ethicon’s Physiomesh and Atrium’s C-Qur. If your surgery involved hernia mesh that has been recalled, or you are uncertain which type of surgical mesh was used in your surgery and have questions about your hernia repair, the hernia mesh attorneys at Stark & Stark can help you obtain that information from your surgeon or the facility where your surgery was performed.
Contact our Hernia Mesh Lawyers to Assess Your Claim.
The Stark & Stark law firm is committed to holding drug and medical device manufacturers liable when their products improperly endanger the public. Our hernia mesh lawyers are experienced in mass torts MDL litigation cases and in negotiating with medical device and pharmaceutical settlement representatives.
If you or a member of your family has suffered injuries from surgical hernia mesh, you may be entitled to compensation under the MDL litigation process or via settlement.
Please contact Stark & Stark to speak with one of the surgical mesh attorneys, free of charge, who can help assess any claims that you may have and to help you to understand the hernia mesh settlement and lawsuit process. We specialize in hernia mesh settlements, allow us to help you today.
