Hernia Mesh Injury Lawsuits: the Claims

 

Hernia mesh, while used frequently to prevent recurrence of the hernia, has been found to have a variety of serious risks. These risks include:

 

  • Adhesions—when the mesh “sticks” to internal tissues;
  • Obstruction of the bowel;
  • Serious infection;
  • Failure of the mesh;
  • Mesh migration (moving from where it was implanted);
  • Mesh perforation of surrounding organs or tissues, and
  • Seromas---pockets of fluid which require surgery.

 

As a result of these serious complications, there are currently more than 3,000 hernia mesh injury lawsuits filed by patients who have suffered hernia mesh injury damages. In June 2007, the first 150 hernia mesh injury lawsuits were consolidated into a Rhode Island federal MDL. The first hernia mesh bellwether trial in 2010 resulted in a verdict for defendant Bard. Two prior hernia mesh lawsuits resulted in a $1.5 million settlement (in 2010) for the plaintiff and a $184 million settlement (in 2011) for another plaintiff. In 2017, the Kugel Hernia Mesh Patch MDL closed, after a decade. Although no firm dates have been set, it is expected that we will see hernia mesh lawsuits beginning in late 2018 and continuing throughout 2019 and into 2020.

 

Hernia Mesh Injury Lawsuit Claims

Hundreds of hernia mesh injury lawsuits were recently combined by a federal panel to create two MDLs. These hernia mesh injury lawsuits claim the mesh they were implanted with had a flawed design. Claims can move more quickly through our justice system when they are combined into MDLs. It is expected that hundreds, possibly thousands, of claims will combine with these MDLs prior to trial dates. Mesh manufactured by Ethicon (Physiomesh Flexible Composite) is the subject for one MDL, while the other MDL involves mesh made by Atrium—C-QUR hernia mesh.

 

As of this April, the two MDLs had almost 800 pending claims—30 for the Atrium C-QUR claims pending in New Hampshire, and another 768 Ethicon Physiomesh claims in a Georgia Northern Distirtc Court.  The first Ethicon Physiomesh trial is set for September 2019, and no trial dates have been set for the Atrium cases.

 

Current hernia mesh injury lawsuits name at least four manufacturers, and 19 different mesh products. While MDL lawsuits are directed at Atrium and Ethicon, individual lawsuits target Bard and Covidien as well. The models involved in the hernia mesh injury lawsuits include:

 

  • Atrium: C-QUR Mesh, C-QUR Edge Mesh V-Patch, C-QUR Lite Mesh V-Patch, C-QUR OVT, C-QUR TacShield, C-QUR V-Patch, C-QUR Mosaic
  • Bard: PerFix Mesh, 3DMax Mesh, Ventralex Patch, Ventralex ST Mesh, Sepramesh IP Compound Mesh
  • Covidien: Parietex Surgical Mesh, Parietex Composite Mesh, Parietex ProGrip Mesh
  • Ethicon: Physiomesh Flexible Composite Mesh

 

Hernia Mesh Lawsuit Statutes of Limitations

Product liability cases, like hernia mesh injury claims are bound by hernia mesh lawsuit statutes of limitations. The statutes of limitations are time limits set forth by each individual state, and for different types of lawsuits. The amount of time can vary significantly from state to state, plus while some states begin running their statutes of limitations when the injury occurs, others begin when the product is recalled, and still others being to run from the time the injury was discovered or should have been discovered.  Some states also have statutes of repose, which name a specific event such as when the product is sold for the time limit to begin.

 

Hernia Mesh Injury Compensation

Like any product liability claim, the compensation a person who files a hernia mesh injury lawsuit could reasonably expect includes compensation for all medical expenses related to the hernia mesh injury, both past, present and future. Hernia mesh injuries can be extremely serious, requiring multiple surgical procedures, and ongoing medical expenses. Those with hernia mesh injuries can be unable to return to their regular job, and some may never be able to return to work. If this is the case, the victim of a hernia mesh injury may be entitled to lost wages, and future lost wages. Since hernia mesh injuries typically cause significant levels of pain, pain and suffering may be an issue in hernia mesh injury lawsuits.

 

Finally, if it can be shown that the manufacturer of the mesh was aware of the dangers yet failed to disclose those dangers and risks to physicians and patients, there may be punitive damages involved as well. While the actual hernia mesh injury compensation a victim of such an injury can expect is dependent on the specific facts of the case, an experienced hernia mesh injury attorney can help determine what compensation you may be entitled to. Your hernia mesh injury lawyer can also help you decide whether to file a state lawsuit or join an MDL.  

 

Filing a Hernia Mesh Injury Lawsuit

If you feel you have suffered injury after being implanted with hernia mesh, it could be very beneficial for you to speak to a hernia mesh injury attorney from the law firm of Sullo & Sullo. Your attorney will discuss your options after evaluating the facts of your case and will consider the hernia mesh lawsuit statutes of limitations when determining your hernia mesh injury damages and resulting hernia mesh injury compensation. You may be entitled to be compensated for all your medical expenses related to your hernia mesh injuries, as well as lost wages and pain and suffering hernia mesh injury compensation.

 

Essentially, your hernia mesh injury attorney will recognize your injuries, know your deadlines, gather all your medical records related to your hernia mesh injuries and your original hernia mesh surgery, find the manufacturer of your hernia mesh, as well as the brand name of the mesh, and put all this information together when building your hernia mesh injury case.  It is important that your rights be protected and your case be preserved, so do not wait to contact Sullo & Sullo.

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