Hernia Mesh Injury Lawsuits: FAQs

 

What Hernia Mesh Products are Problematic?

Hernia mesh can be made of a number of substances, however the mesh which is most often used is made from polypropylene. Polypropylene is also used to make transvaginal mesh product and bladder slings. In addition to medical devices, polypropylene is used to make items such as plastic soda bottles and fishing line. The reason so much polypropylene is used in mesh is because it is extremely cheap. It is worth noting, however, that a polypropylene material safety data sheet actually prohibits the use of polypropylene for permanent implantation into the body. Despite this, mesh manufacturers continue to deny that polypropylene contracts and degrades over time, so continues to use it.

 

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

 

Currently, Ethicon’s Physiomesh and Atrium’s C-QUR mesh are the subject of nearly 800 lawsuits between them.

 

What Types of Injuries Can Hernia Mesh Cause?

While traditional sutures offer relatively few complications—and the few they do have are considered minor—polypropylene hernia mesh can cause extremely serious, even life-threatening complications. Bowel erosions can occur from hernia mesh implantations, and may require multiple surgical procedures, a partial bowel removal, a colostomy, and even weeks of hospitalization. While coatings were placed on some of the hernia mesh products to reduce adhesions, in fact, a coated hernia mesh is more likely to cause infection. Infections caused by hernia mesh can potentially lead to sepsis, and an infected hernia mesh almost always require removal.

 

Adhesions and obstructions are also common complications of hernia mesh; an adhesion can connect the bowel or the intestines to the hernia mesh, or an obstruction to the bowel or intestines can be caused when the mesh migrates, adheres, or contracts. Those with hernia mesh who have persistent abdominal pain should consider the possibility of adhesion formation, infection, nerve damage or a bowel obstruction. Rashes are also commonly seen in association with C-QUR V-Patch and Ventralex ST mesh. 

 

Seromas are fluid capsules which can form around the mesh, and may be present with or without infection, and fistulas are abnormal tunnels between two structures—usually connected to the bowel, and usually with an accompanying infection. Other possible complications from hernia mesh include chronic headaches, liver problems, joint aches and pains, renal failure and meshoma—the migration, contracture or bunching up of artificial hernia mesh. Meshomas can become hard, tumor-like bodies.

 

Did Hernia Mesh Manufacturers Fail to Adequately Warn the Public About Its Potential Risks?

As hernia mesh injury lawsuits continue to be filed in courts across the nation, a significant number of these lawsuits are alleging that the various manufacturers of the hernia mesh sold an unreasonably dangerous hernia repair mesh, failing to properly and adequately warn consumers of the potential dangers. The hernia mesh manufacturers have never adequately warned or instructed physicians and patients about the potential risks and benefits of hernia mesh products, or the need for more information. Currently, some of the charges against hernia mesh manufacturers include: failure to warn, violation of implied warranty, strict liability, violation of consumer product laws, gross negligence, unjust enrichment, negligent infliction of emotional distress, negligent misrepresentation and common law fraud.

 

Has There Been a Hernia Mesh Recall?

The FDA, based on a number of adverse event reports regarding hernia mesh injuries, recalled the Atrium C-QUR mesh and the Bard Davol Kugel Patch. Johnson & Johnson’s subsidiary, Ethicon, voluntarily recalled Physiomesh Flexible Composite Mesh, due to a larger-than-expected number or mesh failures and mesh problems associated with Physiomesh. Unfortunately, the FDA actually receives only a small fraction of adverse event reports, since physicians typically turn the reports in to the manufacturer, and the manufacturer is supposed to send the report on to the FDA. Although an individual can file an adverse event report, it can be a frustrating and complex procedure.

 

Do I Have a Hernia Mesh Injury Claim?

If you have been injured by a hernia mesh implant, you may have a valid hernia mesh injury claim, depending on the scope of your injuries, and when those injuries occurred. It can be beneficial for you to speak to a hernia mesh injury lawyer to discuss your options regarding your injuries. Many patients experienced a hernia mesh injury soon after their implantation, while others did not experience a serious hernia mesh injury for months or even years later. So far, the majority of those who have had serious hernia mesh injuries usually experience those injuries within a period of five years from the time of the implantation.

 

How Do I Proceed with a Hernia Mesh Injury Claim?

If you believe you have a valid hernia mesh injury claim, your hernia mesh injury lawyer can help you proceed with your claim. It is essential that you protect your hernia mesh claim, and do not exceed the hernia mesh injury lawsuit statutes of limitations. Your attorney can help you decide whether you want to join a hernia mesh injury MDL, or file a state lawsuit, and will help you determine what your potential hernia mesh damages may be.

 

What Are My Potential Hernia Mesh Damages?

Of course, your potential hernia mesh injury damages will depend on the facts of your specific case, however you will likely be entitled to compensation for all your medical expenses related to your hernia mesh injuries. This includes past medical expenses, current medical expenses and future medical expenses. Medical expenses can include the costs for additional surgeries, any medical procedures, rehabilitative therapies, prescription drugs, and any other medical costs related to your hernia mesh injuries. If you were unable to return to work following your hernia mesh injuries, you may be entitled to lost wages, as well as future lost wages, if you will be unable to return to work for a significant length of time. Finally, your pain and suffering may also be compensable.

 

How Do I Protect My Hernia Mesh Claim?

The very best way to protect your hernia mesh claim is to have an experienced hernia mesh injury attorney from Sullo & Sullo by your side as soon as you have discovered your hernia mesh injuries. Your Sulllo & Sullo attorney will ensure your rights are protected, while also looking out for your future, and helping you get the medical attention you need.

 

What is the Hernia Mesh Injury Lawsuit Statutes of Limitations?

There are statutes of limitations in each state which govern the length of time you have to file a product liability lawsuit. These time limits vary considerably from state to state—from one year to 12 years. Some states also have statutes of repose, which name a specific event as the starting point for the statute of limitations.

 

How Likely is Hernia Mesh Injury Litigation Settlement?

It is difficult to say whether there will be a hernia mesh injury litigation settlement in the near future. Typically, manufacturers will wait until there are a significant number of lawsuits filed against them, and several of the trials have a verdict in favor of the plaintiff before they will consider a settlement. It is likely the mesh litigation will go the same way. Although there have been two hernia mesh injury litigation settlements in favor of the plaintiffs, the manufacturers continue to assert their product is safe, and as long as they believe mesh is safe, the longer they will hold out against a settlement.

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