Last Updated on 3 months by Isreal Olabanji DST RN
Have you or anyone you know undergone a hernia mesh procedure and suffered grave complications such as mesh migration, intense pain, infection, etc.? If yes is your answer, then you may be in a perfect position to file a hernia mesh lawsuit.
Earlier this year, it was reported that over 8,000 hernia mesh lawsuits had been filed against numerous manufacturers with the number expected to grow significantly by the end of the year.
But are you eligible to file a hernia mesh lawsuit? Well, you have to meet certain requirements before you can file the aforementioned lawsuit and get compensated accordingly. Let’s discuss.
Am I eligible to file a Hernia Mesh Lawsuit?
Merely going through severe complications after receiving a hernia mesh implant doesn’t mean that you are qualified to file a relevant lawsuit. In order to proceed with this matter in a legal fashion, here’s what you should make sure of:
- You should have undergone a hernia mesh procedure between June 2008 and today.
- You should have acquired a hernia mesh implant to fix a hernia
- The hernia mesh used in the procedure was defective
- The mesh didn’t have correct labeling that could warn about its side effects and dangers
- The doctor who led the procedure indulged in medical malpractice
- You should have incurred mesh migration, hernia recurrence, abdominal infection, intestinal blocking, adhesion, etc. (any one of these complications).
More about the Hernia Mesh Lawsuit
For those of you unaware, a hernia mesh lawsuit is a legal claim filed by the patient against the mesh manufacturer in case of the procedure resulting in severe injuries or complications. The lawsuit revolves around whether the devices used in the surgery were defective and whether the individual undergoing the procedure was briefed about the side effects and potential risks.
Recent research revealed that nearly 6% of patients who received an open mesh hernia treatment suffered numerous injuries. Moreover, almost 4% of patients who received laparoscopic mesh treatment also suffered from complications.
While these percentages may seem small at first, it should be noted that the number of hernia surgeries performed every year in the US exceed the 1 million mark.
Why Hernia Mesh?
The complications that could (and have) resulted from a hernia mesh procedure might make one question its widespread use. According to various surgeons, a common reason for using hernia mesh is to lessen the chances of hernia recurrence.
And even though thousands of people who underwent a hernia mesh have encountered severe complications, it has been proven by studies that the procedure in question has actually brought down the instances of hernia recurrence. But studies have also revealed that a hernia mesh procedure could give birth to complications linked with the mesh.
So, yes, there are some instances in which opting for a hernia procedure involving the use of mesh may be considered unideal. Patients should consult with their surgeons, get to know about the possible side effects and complications, and use this information to evaluate their options for hernia repair.
Common Injuries Resulting from Defective Hernia Mesh
A botched hernia mesh procedure stems from product defects and given below is a list of injuries and complications that people have suffered as a result of the said procedure.
Adhesion: This happens when the scar tissue develops around the mesh implant and connects it with other internal organs. This may cause the organs to gather and result in different medical issues.
Mesh Shrinkage: Since the mesh is biologically immobile, there is a high probability of it shrinking after implantation, resulting in hernia recurrence.
Infection: Infection is one of the most evident complications stemming from defective hernia mesh and it’s dangerous in the sense that it could pave the way for several other critical conditions to surface.
Perforation: When the defective hernia mesh leads to a tear or hole in surrounding organs, perforation occurs.
Wound Reopening and Repair Surgery: Many people who filed a hernia mesh lawsuit claimed that their wounds reopened and due to that, they required another surgery. Not only did the additional surgery cost them a decent amount of money that they wouldn’t have had to spend if the mesh didn’t turn out to be defective, but the extra surgery also resulted in various complications such as inflammation, excess pain, etc.
Hernia Mesh Manufacturers in Trouble
Given below is a list of hernia mesh manufacturers who have recently found themselves in legal trouble for allegedly offering defective mesh:
- C.R. Bard
- Ethicon
- Covidien
- Atrium Medical Corporation
- Genzyme Corporation
Some brands that have been targeted by these claims are Sepramesh (Bard), Physiomesh (Ethicon), C-QUR (Atrium), Ventralex, Parietex Progrip (Covidien), as well as 3D-Max.
Final Thoughts
In order to support the damaged tissues around hernias, most people opt for receiving a hernia mesh implant. While it has done a fairly good job of reducing hernia recurrences, many people have claimed that they suffered from painful complications after undergoing the said treatment.
And in order to receive fair compensation, thousands of affected patients have taken the legal route. However, there is a certain set of requirements that one should meet before they can consider to file a hernia mesh lawsuit.
