Mesh implants are the most common way to repair hernias, but these procedures have complications and side effects. Many people report pain, mesh failure, reherniation, infections, and other issues following hernia mesh repairs. Those who experience painful and costly issues after a mesh hernia repair are seeking justice through the courts.
If you suffer hernia mesh complications and side effects, you can speak with a mass torts attorney accepting these cases. Personal injury law firms usually review cases for free and will only recover attorney’s fees if they win the case on your behalf.
What Are the Most Common Hernia Mesh Complications?
Surgical mesh products have been used to repair hernias for decades. By the 1980s, they were used in most hernia repair surgeries. The U.S. Food and Drug Administration (FDA) explains that they make these procedures easier because they cover the hole and ensure other organs stay in the correct place while the body heals. Ultimately, the patch should serve as a framework for growing new tissue.
However, several problems can—and often do—occur with these hernia repair patches. This includes infections, reherniations, migrations, ruptures, adhering to internal organs, and more. Many people suffer symptoms of complications that could include:
- Chronic pain
- Swelling and inflammation in the area
- Signs of infection, including fever and malaise
- Symptoms of reherniation
The most significant complications require additional procedures. This includes revision surgery, repair of previously unaffected tissue, and clean-up after serious infections.
Serious complications include:
- Adhesion to nearby organs
- Mesh migration
- Obstruction or organ damage
- Systemic bacterial infections
When revision surgery is necessary, it is often much more invasive and extensive than the original procedure. This leads to costly absences from work, limitations on activities, and possibly lasting effects.
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What Damages Are Available in a Hernia Repair Lawsuit?
Recoverable damages in a hernia mesh complications lawsuit depend on the losses and expenses the plaintiff endured and other case-related factors. Settlements and awards in these cases vary widely, so there is no way to predict your case’s worth without understanding the details.
An attorney can help you gather documentation of your related expenses and losses, showing the cost of your hernia mesh complications and side effects, including surgery, pain management, and other costs.
The recoverable damages in these cases could include:
- Medical bills and related expenses for treatment and management of complications
- The cost of any related ongoing medical needs
- Income losses from time missed at work
- Reduced ability to earn due to ongoing pain or complications
- Related expenses, with receipts or other documentation
- Pain and suffering
Punitive damages can be available in this type of case. However, predicting whether a settlement or court award might include these damages in any specific lawsuit is difficult. Punitive damages aim to penalize the defendant for particularly negligent, careless, or reckless behavior.
Your attorney may be able to offer additional information about the recoverable damages or possible settlement value of cases similar to yours.
Who Is Liable for My Hernia Mesh Complications?
Those who suffered complications and side effects from a hernia mesh repair are suing the manufacturers of these medical implants. They aim to hold these companies accountable for their medical bills, pain and suffering, and more. They want manufacturers to accept responsibility, admit they have defective or dangerous products, and work to prevent similar injuries to others in the future.
They allege these companies know about the significant risks of their products yet continue to market them without clear warnings and allow additional victims to suffer complications.
When you work with a mass torts attorney, they will request your relevant medical records to identify the mesh implant used in your hernia repair. This is essential to identifying the potentially liable party and determining your legal options.
Hernia Mesh Multidistrict Litigation Is Underway
Thousands of hernia mesh lawsuits are underway in U.S. District Courts, consolidated into several multidistrict litigations. A June 15, 2023 update from the Judicial Panel on Multidistrict Litigation, shows three hernia mesh cases:
- MDL 2846, Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, includes 19,707 plaintiffs
- MDL 2782, Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation, which reached a global settlement in 2021, now only has 565 plaintiffs
- MDL 3029, Covidien Hernia Mesh Products Liability Litigation (No. II), has 507 plaintiffs
MDL 2753 is also underway. This case, Atrium Medical Corp. C-Qur Mesh Products Liability Litigation, deals with mesh implants used for several medical procedures. This includes hernia repair. It currently includes almost 3,382 lawsuits.
Each MDL is on a unique timeline. MDL 2846 has heard two bellwether trials, and the third is scheduled for October 2023. Meanwhile, MDL 3029 is in the earliest stages of discovery. It could be a year or more before bellwether trials begin in that MDL.
Victims can still join any of these MDLs if they file a lawsuit. However, deadlines apply in these cases. You must act quickly to ensure you meet your state’s statute of limitations deadline.
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Talk to a Team Member About Your Next Steps in a Hernia Mesh Complications Case for Free
Van Law represents those living with hernia mesh complications nationwide. Our attorneys provide free case consultations. We will assess your case and answer your questions about your legal options. We work to file hernia mesh lawsuits for those who suffered serious complications and side effects.
We do not charge anything upfront to work on a hernia mesh case. Our clients never pay a retainer or other upfront fees. Instead, our clients pay only a percentage of the money we recover for them as attorney’s fees.
We encourage you to contact us now to learn more. Let our experienced legal team fight for you and get justice for your case.
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