Hernia Mesh Lawsuit
A hernia mesh is a medical device commonly used in hernia repair surgery. However, some patients who received a hernia mesh implant have suffered from infections, chronic pain, adhesions, hernia recurrence and other symptoms of hernia mesh failure.
If you have suffered complications due to a defective hernia mesh, you may be eligible to seek compensation for your damages through a hernia mesh lawsuit.
At Phillips Law Group, our defective product attorneys are investigating claims concerning defective hernia mesh implants. Our firm provides all potential clients with a free, no-obligation consultation to determine if they may have a valid claim. There are no upfront fees if we represent you, and we only get paid if we recover compensation for your claim.
Complete a Free Case Evaluation form to get more information.
What is a Hernia?
Hernias are a common medical condition and occur when an organ or tissue pushes through an opening in the abdomen because of increased abdominal pressure. Many people suffer from this condition and experience symptoms that include a bulging lump, swelling, pain and discomfort.
Approximately one million people in the U.S. undergo hernia repair surgeries each year, either laparoscopically or through an open surgical method. A hernia mesh device is used to help strengthen and support damaged and worn tissue.
Am I Eligible to File a Hernia Mesh Lawsuit?
Although hernia mesh was designed to help patients, several of the implanted devices have reportedly caused serious complications. Many patients have required additional operations to surgically remove the mesh to prevent it from causing further damage.
If you have experienced any complications after undergoing hernia repair surgery, it might be possible that you have one of many defective hernia mesh devices.
Patients who received a defective hernia mesh device often reported experiencing:
- Organ perforation
- Mesh shrinkage
- Obstructions (blockage of the intestine)
- Device erosion, causing pain and infection
- Nerve damage
- Chronic pain
- Mesh migration and rejection
- Organ perforation
- Pain and bleeding
- Hernia recurrence
- Bowel or intestinal blockage
To determine eligibility for a hernia mesh lawsuit, it is important to contact an attorney with information about:
- The manufacturer of your hernia mesh implant device and which device you received
- When you received the surgery for the initial implant, as well as any corrective surgeries
- Include the location and name of the hospital where your surgery was performed
- The name of the surgeon who implanted your hernia mesh device
What Hernia Mesh Products Are Included in Current Lawsuits?
As of September 15, 2021, there were nearly 21,000 hernia mesh lawsuits being sought against the three major manufacturers of hernia mesh products, including Davol Inc./C.R. Bard, Ethicon, Inc., and Atrium Medical Corp.
There are three federal multidistrict litigations (MDLs) pending in various courts across the country. The largest of the three is against Davol/C.R. Bard, which is currently named in over 14,000 lawsuits.
As of June 2021, litigation for coordinated proceedings were still being delayed due to COVID-19, as were the start of the first bellwether trials.
MDL trials are proceeding against:
C.R. Bard Polypropylene Hernia Meshes
C.R. Bard has multiple hernia mesh devices, however only those made from polypropylene are included in the current Bard MDL, which is based in Ohio and was filed in 2018.
As of October 28, 2021, the first bellwether trial concluded with a surprising result for the defendant, Davol/C.R. Bard. The plaintiff, Steven Johns, received nothing.
While disappointing, hernia mesh lawyers believe it is unlikely this initial victory will have more than a minimal impact on future hernia mesh proceedings. Ten years ago, Bard was being sued over their Kugel Mesh device. The opening bellwether trial for that MDL also was a victory for the defense. However, the second bellwether trial resulted in a $1.5 million verdict for the plaintiff. Immediately after this win, Bard was quick to negotiate a global settlement for all the remaining cases.
The next bellwether trial in the polypropylene MDL is likely to be scheduled before the end of 2022.
This MDL concerns multiple polypropylene mesh devices, including:
- 3D Max-Lite
- Composix E/X
- Perfix Plug
- Pre-shaped Mesh
- Ventrio ST
- And more
Atrium C-QUR Hernia Mesh
The Atrium C-QUR medical mesh was approved by the FDA in 2006 through the 510(k) clearance process, which allows the device to bypass clinical testing.
In 2013, the Atrium Medical Corporation and the FDA issued a Class II recall for 1,500 Atrium C-QUR Edge Mesh and more than 95,000 C-QUR V-Patch Mesh units. The recall happened after it was revealed the devices could potentially stick to muscle tissue if they were exposed to humidity for an extended period of time.
Hernia mesh lawsuits have been filed against Atrium and its parent company Maquet Getinge Group. Many patients suffered chronic infections, nerve damage and fluid buildup in the abdomen from the C-QUR mesh, which later had to be surgically removed.
As of October 20, 2021, there are about 3,000 liability lawsuits pending against Atrium, Corp. The pretrial proceedings will commence for the MDL in the U.S. District Court in New Hampshire.
Plaintiffs contend Atrium’s products are dangerous for their intended use and, due to the polypropylene plastic and omega-3 fatty acid gel, also unsuitable for internal use.
Ethicon Physiomesh Flexible Composite Mesh
The Physiomesh Flexible Composite Mesh was designed by Ethicon, a subsidiary of Johnson & Johnson. It was approved for market distribution by the FDA in 2010 through the 510(k) clearance program.
Physiomesh is made of polypropylene (plastic), which can cause harmful reactions upon contact with human tissue. Other complications may include infections, adhesion to internal organs, and perforated organs and tissue.
Physiomesh is coated in Monocryl to prevent these issues and protect organs from being exposed to the mesh. However, the coating itself can prevent the mesh from integrating with a patient’s body. This could cause the device to migrate to different organs and tissue.
In 2016, Ethicon recalled Physiomesh in Australian and European markets after two separate studies found it led to higher rates of hernia recurrence and additional operations when compared to similar hernia mesh products.
However, Ethicon only issued a Field Safety Notice to surgeons in the U.S. in May 2016, advising of the potential danger Physiomesh may pose to patients.
The Ethicon MDL has over 2,000 hernia mesh lawsuits pending, as of February 2021.
If you are not sure what brand or type of hernia device was implanted in your hernia repair surgery, it should be noted in your hospital medical records.
How Hernia Mesh Manufacturers Gained FDA Approval
Hernia mesh products were approved and used with the intention of repairing and healing a patient who has suffered from a hernia. Although the FDA usually requires rigorous testing for most drugs and medical devices, low-risk products, like the hernia mesh devices, may sometimes bypass clinical trials through the 510(k) clearance program.
For this to happen, the FDA requires manufacturers to submit a processing fee and basic information about the device. This process is designed to quickly approve medical devices for distribution if they are like already-approved products. The FDA assumes the device is safe in those circumstances and does not need to undergo testing and clinical trials.
Several hernia mesh products were initially approved through this process but later found to cause serious medical complications in some patients. Many of these products were later recalled.
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Are Defective Hernia Mesh Products Still Being Used Today?
Many hernia mesh complaints filed with the U.S. Food and Drug Administration (FDA) concern products that have been recalled and are no longer on the market.
However, these products were used for several years before any action was taken against them. Many patients still suffer from the damages caused by these defective medical devices. If you or someone you love has experienced severe complications after a hernia repair surgery, contact our attorneys to discuss a hernia mesh lawsuit.
Call 1-800-706-3000 to determine if you can file a hernia mesh lawsuit.
Experienced Legal Help for Hernia Mesh Victims
If you or someone you love has suffered after receiving a defective hernia mesh, you may have legal options. We can help you explore the possibility of filing a hernia mesh lawsuit that may compensate you for your injuries, pain and other losses.
Our accomplished hernia mesh attorneys have a strong record of holding manufacturers responsible for their negligence. We have obtained millions in verdicts and settlements for our past clients.
At Phillips Law Group, we are ready to help. Learn whether you have a valid case and how we may be able to help. There is no cost or legal obligation for an initial case review. If we find you have a case, and we represent you, there are no upfront costs to pay. We only collect our payment if we recover compensation for you.
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