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Hernia Mesh Lawsuits

The lawsuits involving the hernia mesh medical devices that are being filed in 2017 claim the products are failing at a rate higher than expected, and causing additional surgeries, infections, bowel obstruction, organ damage, scar tissue and chronic pain. 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.

Our law firm is accepting clients who suffered injuries as a result of a hernia mesh. If you or a loved one received a hernia mesh implant and experienced subsequent complications, contact us today for a free consultation with one of our firm’s experienced injury attorneys. 800.229.7704.

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What is Hernia Mesh

When a hernia occurs, the resulting opening in the tissue must be repared to avoid further damage. The most common solution for repair is a hernia mesh, which is a screen-like surgical implant used to patch the tear and prevent another obtrusion. Hernias have a high recurrence rate, but hernia meshes decrease the chance of recurrence more than any other treatment.

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

Types of Hernia Mesh

There are many types of hernia mesh products that come in different shapes and sizes suited for different surgical repairs. These products include:

  • Patches – designed to go over or under the weakened or damaged tissue
  • Plugs – designed to fit inside the hole in the tissue
  • Sheets – designed to be cut and fitted for the patient’s specific hernia

Hernia meshes also have different material classifications, and fall into the following categories:

  • Absorbable – degrades, loses strength over time, not for long-term reinforcement (new tissue growth provides strength to the repair).
  • Non-absorbable – permanent implant, provides lasting reinforcement to repair site.
  • Coated/Composite – made with a coat of absorbable fatty acids, cellulose or collagen to avoid intestines adhering to the mesh (most non-absorbable are coated).
  • Synthetic – comes in woven or non-woven sheets, can be absorbable, non-absorbable or a combination of both. Most common surgical meshes are made of synthetic plastic called polypropylene.
  • Animal derived – made of animal tissue, usually from pig or cow (intestine or skin) and is absorbable.

The top hernia mesh manufacturers are Atrium, Bard, B.Braun Melsungen, AG, Ethicon, Gore Medical, LifeCell Corporation and Medtronic.

Side Effects of Faulty Mesh

Problems with Hernia Mesh

Hernia mesh can sometimes result in severe complications that generally affect the abdominal region, intestines and bowels. According to hernia mesh lawsuits, the following are the most predominant mesh-related side effects:

  • Perforated intestines
  • Perforated bowels
  • Intestinal fistulae (an abnormal passage/connection between two organs)
  • Bowel obstruction/resection
  • Peritonitis (Inflammation of the abdominal wall membrane)
  • Abdominal wall tear
  • Abscesses
  • Sepsis
  • Ingrown mesh (into the abdominal wall, intestine, or other organs)
  • Organ puncture
  • Hernia recurrence
  • Chronic pain
  • Infection

One of the big differences between using a mesh product and using sutures is that a mesh can migrate (move) or shrink, and then cause bowel perforations (holes or tears), organ damage, obstructions, and additional surgeries. This especially is true if the mesh product is faulty or contains a polypropylene coating. If a perforation occurs, this can result in a serious infection known as sepsis.

If you have received a hernia mesh, some of the symptoms to watch for include constipation, fatigue, fever, irritable bowel, severe pain, and urinary issues. If you experience these symptoms, you should immediately report them to your treating physician.

Hernia Mesh Lawsuit Information

Beginning in 2005, reports started to surface that hernia mesh made by various companies were causing serious complications. C.R. Bard, the manufacturer of the Kugel mesh patch, were forced to issue 11 different recalls for various Kugel models between 2005 and 2007 due to a defect that caused bowel perforations. Since 2007, over 3,000 hernia mesh recall lawsuits were filed across the United States.

In 2013, hernia mesh manufacturer Atrium was forced to recall over a thousand C-Qur models by the FDA, and in 2015, had a permanent injunction entered by the District Court of New Hampshire preventing them from manufacturing and distributing the C-Qur.

Ethicon issued several recalls of their ‘Proceed’ hernia mesh in 2011 and 2014, and though a recall was never issued of their Physiomesh in the U.S., the company voluntarily pulled their product off the market in May 2016 in what is called a “market withdrawal”, due to reported complications including hernia recurrence, removal surgery, infections, wound issues and abdominal pain.

As of this time, there have been no large group hernia mesh lawsuit settlements involving mesh 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.  Our attorneys are committed to investigating and pursuing claims against all manufacturers of defective hernia mesh products.

Hernia Mesh Lawsuit Criteria

Criteria for a legitimate hernia mesh lawsuit includes evidence of proper placement of the hernia mesh device (no clear evidence of medical malpractice) with one or more of the following issues:

  • Hernia recurrence
  • Pain
  • Swelling
  • Adhesions
  • Obstructions
  • Mesh migration
  • Fistula
  • Bacterial infections

Furthermore, these issues must be accompanied by significant medical treatment or additional (corrective) surgeries to remove the device and repair internal organs or any other related damage.

Notable Mesh Cases and Settlements

Our medical device attorneys are investigating all hernia mesh injury claims from patients around the country that have reported severe complications from products that are currently on the market, including Ethicon’s Physiomesh and Proceed, Atrium’s C-Qur, Covidien’s Parietex, and C.R. Bard Inc.’s Kugel, Sepramesh, 3DMax and PerFix. Hundreds of lawsuits are being filed around the country against these brands of hernia mesh.

Some major surgical mesh lawsuits of note include:

  • Ethicon’s Physiomesh, cleared to market through the FDA’s 510(k) process (does not require clinical trials for testing) in April 2010. A number of lawsuits have been filed claiming that the mesh leads to serious health issues and that the company waited too long to pull their defective product off the market when they were aware of it’s dangerous risks.
  • Ethicon was hit with a $20 million jury verdict in a surgical mesh lawsuit filed by a New Jersey woman in April 2017, who claimed she was in constant pain due to her TVT-Secur mesh.
  • C.R. Bard agreed to a $184 million settlement in 2011 in a case involving around 2,600 people injured by their Kugel patch, and settled a separate case in 2010 for $1.3 million in damages from the same product. Many more Kugel patch lawsuits are in progress, including a suit filed by the children of a woman who allegedly died of sepsis due to a defective Kugel patch.

If you or a loved one have suffered an injury due to a hernia mesh complication, you may be eligible for compensation. Contact the hernia mesh attorneys at My Vaccine Lawyer immediately. 800.229.7704.