If you have experienced issues like chronic pain, constipation, sexual dysfunction, or bulging after using a hernia mesh, you might be eligible for compensation when you file a hernia mesh lawsuit. A hernia mesh lasuit is a legal action taken by patients who have faced injuries and complications due to the failure of the hernia mesh. These lasuits claim that the devices had design defects and that the manufacturer did not inform patients about known side effects and riks. There are many lawsuits against various manufacturers, many of which are part of federal multidistrict litigations. This blg delves into the specifics of the hernia mesh lawsuit.

What is a Hernia?

A hernia is a condition that occurs when internal organs and tissues push through a wek spot in the groin or abdomen. It appears as a swelling, bulge, or lumpin the groin. Some people are born with hernias, and others developthem over time. Hernias can be both unsightly and painful.

Common causes include:

  • Lifting heavy items
  • Aging
  • Pregnancy
  • Frequent vomiting or coughing.

The two main types of hernias are abdominal and groin, with groin hernias making up about 75% of all cases. Each type has several subcategories.

Abdominal hernias include:

  • Umbilical— These hernias happen when the intestines push through the belly button area.

  • Spigelian— Here, the bowel pushes through below the navel.

  • Incisional— Fat pushes through a surgical scar, which can happen years later; risk factors include using corticosteroids, being overweight, having breathing issues, or being older.

  • Epigastric— Fat pushes between the navel and sternum.

  • Hiatal— The stomach pushes through the diaphragm, especially in obese individuals.

  • Muscle— Often occurs after sports injuries, when muscles push through the abdomen.

  • Traumatic diaphragmatic—A hernia that occurs after an injury, like a gunshot or stabbing.

  • Paraesophageal— The stomach pushes alongside the esophagus, which can cause twisting.

  • Congenital diaphragmatic— A failure of the diaphragm to close during fetal deelopment, leading to lung issues.

Groin hernias include:

  • Inguinal— These hernias are common in males due to the descent of testicles when intestines push through the lower abdomen.

  • Obturator— These occur primarily in pregnant women when fat pushes into the thigh.

  • Femoral— They are common in females because of wider pelvises when belly fat pushes ino the thigh.

Surgeons prefer to use a patient’s tissues and sutures to fix a hernia, but soetimes a mesh is needed. There are three ways to place the mesh:

  1. Overlay, which is between the skin and the abdominal muscle
  2. Inlay, when the mesh is placed between the layers of the abdominal muscle
  3. Underlay, between the abdominal muscle and the lining of the abdomen

Why People Are Filing Hernia Mesh Lawsuits

The main reasons people file hernia mesh lawsuits include the following:

Faulty Design

A hernia mesh is considered to have a faulty design if its blueprint is dangerous. Good manufacturing or clear labeling cannot fix an apparatus with design issues. Sometimes, manufacturers do not know about the defect, while others may hide it. In any case, poorly developed hernia meshes can cause health problems for the user. Maufacturers are required to meet strict liability standards, meaning they are responsible if:

The design posed serious risks to the health of patients using it.

The product was made, and the patient used it as intended.

A good example of faulty hernia mesh products is the Kugel hernia meshes maufactured by C.R. Bard. This mesh has a ring to simplify insertion. However, this ring can easily break and shift, leading to seere injuries.

Manufacturing Defects

Even the most reliable medical appliances can become harmful if poorly made. A hernia mesh is delicate, and even minor changes in design or materials can lead to serious injuries. For example, the C-Qur from Atrium faced issues due to unsanitary conditions in some of its establishments. The US Food and Drug Administration issued warning notices and temporarily closed one of these facilities.

Another case involves Bard, who was charged with using a non-medical-grade polypropylene, which deteriorates and eventually fails. To win a manufacturing product defect case, the plaintiff must deonstrate:

  • The hernia meshes have had a production flaw since the manufacturer released it

  • This defect significantly contributed to the plaintiff’s injury.

Statements from the employees who made the hernia meshes and expert opinions can be vauable evidence.

Inadequate Labeling or Failure To Issue Warnings

All medical devices come with risks. Manufacturers are responsible for informing phsicians and patients about these risks. Specifically, a hernia mesh manufacturer should:

  • Alert doctors to hidden dangers posed by the mesh
  • Guide doctors on how to avoid these dangers.

Instead, manufacturers promoted their devices while downplaying the risks. If the marketing had been honest, many individuals might have chosen not to have the hernia meshes implanted.

Proving a failure to issue a warning claim is simple. The plaintiffs’ lawyers can deonstrate that the mesh instructions and packaging lacked essential warnings. Patients and doctors can also attest that this lak of information influenced their use of the mesh.

Medical Malpractice

A hernia mesh that is otherwise safe can lead to serious health issues if surgeons:

  • Implant the devices incorrectly
  • Fail to secure the mesh properly
  • Choose the wrong size or type

Sometimes, physicians use mesh if it is not needed, such as for small hernias reulting from laparoscopic operations. To establish medical malpractice, a plaintiff must demonstrate that the physician acted with professional negligence. These inlude:

  • The doctor has a responsibility to care for the patient
  • This failure resulted in a patient’s injury and losses.
  • The doctor failed to meet the expected professional care standards.

Medical reports are crucial in showing that a physician committed malpractice. Sttements from other medical staff could also show how negligent the surgeon was.

Hernia Mesh Recalls and Complications

Hernia mesh issues can be severe and life-altering, often leading to more surgeries tofix or take out the faulty mesh. Common problems include ongoing pain, bleeding, bowel blockages, infections, sexual issues, bladder damage, and nerve harm. These complications can significantly lower a person’s quality of life and may need significant medical care.

Due to these problems, many hernia mesh products have been recalled. Since 2005, th FDA has recalled more than 211,000 hernia mesh units, with a major recall of over 100,000 units in 2019. These recalls highlight the ongoing safety worries related to hernia mesh implants and the efforts to keeppatients safe from faulty medical devices.

Patients who have experienced complications or have had a recalled hernia mesh may beable to file a lawsuit. You should consult a personal injury lawyer experienced in hernia mesh cases to see if you have a valid clim. Knowing the risks and complications of hernia mesh can helpyou pursue the compensation you need and hold manufacturers reponsible for their products.

Who Can You Sue In Hernia Mesh Lawsuits?

The responsible parties in hernia mesh lawsuits are usually the manufacturers of falty mesh products. There are many hernia mesh devices available. Most of them are safe. However, a few defective ones cause seious health issues and are involved in lawsuits. If your surgeon had implanted one of the following products and you exerienced complications, you could sue a manufacturer. Also, if you are unsure which mesh product you have, you can ask your phsician for your medical file.

Atrium For The C-Qur Mesh

The C-Qur hernia mesh was introduced in 2006. It uses a coating of omega-3 fatty acds instead of polypropylene. However, this coating can cause a severe allergic reaction in some patients. Infections could beome serious, and removing the C-Qur can be challenging and may lead to more injuries. Although the manufacturer recalled the prduct’s packaging in 2013, the device was not. Atrium also produces the ProLoopPlug, which is still available, but patients hae reported complications related to its polypropylene material.

Covidien - Parietex Hernia Mesh

Covidien, a subsidiary of Medtronic, launched its Parietex mesh device in 1999. Ths mesh is made from polyester instead of polypropylene. While both materials can lead to similar issues, polyester can shrink an contract after placement, potentially causing it to tear and detach from surrounding tissue. This detachment can lead to the migration of the mesh, resulting in further complications and pain. The edges of the mesh can also wear and tear.

There are different options for the Parietex mesh, for example:

  • Parietex Folding Mesh
  • Parietex Lightweight Monofilament
  • Parietex Surgical Mesh

Each type has its issues, including perforation, migration, recurrence, and bowel obstruction.

Other defendants in hernia mesh lawsuits may include Ethicon and C.R. Bard, which prduces mesh products made from polypropylene, known to cause serious side effects and internal damage. Polypropylene is an inexpensive petroleum byproduct that can break down an shrink over time. The doctor should not insert it permanently into the body.

Some companies, like Ethicon, have attempted to cover polypropylene using fabric. Hoever, this fabric can wear away, exposing the polypropylene to a patient’s internal tissues.

Common Injuries in a Hernia Mesh Lawsuit Settlement

Some injuries tend to lead to larger settlements in hernia mesh cases because of thir seriousness and effect on the victim’s life. Many of these injuries are part of ongoing legal actions related to mesh prducts, showing their widespread impact. Chronic pain is a frequent issue that can lead to significant compensation due to the lasting discomfort it causes. Infections from hernia mesh implants can also result in substantial settlements, as they often need extensive medical care and can significantly affect the victim’s health.

Severe issues, like bowel obstructions and the mesh sticking to organs, may require more surgeries and can increase settlement amounts. Recurring hernias, which often need additional surgeries, are another common injury that affects how much compensation is awarded, including cases of mesh failure.

Significant disfigurement and scarring from hernia mesh problems can also lead to hiher settlements. Chronic pain, multiple surgeries, and long-term health challenges are other factors that can increase compensation. The overall effect of these injuries on the victim’s quality of life and suffering plays a key role in deciding the fial settlement amount.

By recognizing the injuries that usually lead to larger settlements, victims can beter evaluate their situations and strive for fair compensation for their pain.

Compensation For Hernia Mesh Product Injuries

Compensation for hernia mesh injuries can cover both non-economic and economic loses. The value of the damages could be:

  • Settled through negotiations and completed the lawsuit agreement
  • Determined by the court and recorded as a court judgment.

The compensation amount you receive will depend on the following:

  • The total of the economic damages, and
  • An assessment of your non-economic losses.

Economic Damages

These damages are easy to calculate since they have an obvious value. Examples inlude:

  • Lost wages due to total or partial disability
  • Medical expenses
  • Other out-of-pocket costs, such as travel for medical visits.

You can also claim future and past expenses, like upcoming medical expenses and future lost wages, especially if your complications are lasting and complex. Various factors, including your medical history, may inluence these cost estimates.

There are no limits on economic losses, no matter which state your injury happened in The total amount of your financial damages represents the compensation you are entitled to receive.

Non-Economic Damages

These damages are harder to calculate because they do not have a specified value; thy relate to suffering and pain, which refer to physical discomfort due to complications. In hernia mesh lawsuits, non-economic damage compensation typically covers suffering, pain, and emotional distress. It may also include loss of enjoyment, companionship, or reduced life quality.

This kind of compensation does not have a specific monetary value, as no amount can genuinely make upfor your emotional suffering and pain. Assessing the value of these damages could be complex and require expert evaluation.

Like many other jurisdictions, California has no definitive way to quickly or cosistently calculate non-economic losses. Some lawyers suggest multiplying economic losses by 2 or 3—three for more serious cases—but this method may overlook key factors.

To determine a fair amount, you should consider:

  • The expected recovery time
  • The kind and seriousness of a patient’s hernia mesh issues and injuries
  • The impact on daily life
  • Any scarring, disfigurement, or permanent disability
  • The effect on relationships with friends and family

For example, someone who experiences chronic pain from hernia mesh damage will endure more suffering than someone who has a quick recovery after revision surgery without issues.

Hernia mesh manufacturers often try to reduce your suffering and pain claims to reduce the total amount of your compensation. A knowledgeable attorney will gather evidence to helpyou receive the highest award or settlement possible, only limited by the state’s capfor non-economic losses. Not every state has damage caps.

Also, spouses can file derivative claims for consortium loss if the injury neatively affects their marriage. For example, if an injured spouse suffers from depression or cannot maintain a physical reationship.

Punitive Damages

Punitive damages are meant to punish defendants. They can be expensive, so most settlements do not include them. However, they are essential in mass tort cases. Judges might penalize mesh manufacturers if they ac grossly, such as deliberately hiding a known risk linked to a hernia mesh implant.

Is the Hernia Mesh Lawsuit Individual Claims or Class Action Suits?

Hernia mesh cases are handled as individual lawsuits. However, most are grouped in multidistrict litigation or MDL. This approach can be more effective than pursuing a separate case.

An MDL is similar to class actions, where people with similar issues come together tosue a mutual defendant in a single federal court. In class actions, all complainants are part of one lawsuit, while in mass tot MDLs, each complainant has a separate claim. Currently, the hernia mesh MDL is moving past the pre-settlement stage, where both parties are filing motions and sharing evidence. A few selected plaintiffs, known as “bellwether” trials, can go to court.

The outcomes of the bellwether trials can influence settlement talks for the other coplainants. If the complainants win and receive significant damages, it could lead to higher settlements for everyone involved. MDs can take several months or years to resolve.

How Can I Maximize a Hernia Mesh Lawsuit Settlement?

To maximize your settlement, document all your injuries and losses carefully. Enaging a knowledgeable attorney can make a big difference in your case. Also, being open about your situation and keeping your cae private can improve your chances.

Find a Personal Injury Attorney Near Me

Have you had a hernia mesh failure? If yes, it is time to call a personal injury attorney for legal advice. You should not wait to obtain legal helpbecause there are strict time limits for filing a personal injury claim. You could forfeit your right to sue if you do not act within these limits.

At the San Diego Personal Injury Law Firm, we have committed personal injury attorneys who can helpyou with your hernia mesh lawsuit. Contact us today at 619-478-4059 for a case evaluation from our hernia mesh lawyers in San Diego, California. Our team is available around the clock to assist you and your loved ones.