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Hernia Mesh Lawsuits: An Overview on Eligibility and Settlement Values

Individuals are making legal claims against Atrium Medical Corp., Ethicon, Bard, and other manufacturers for severe injuries from complications due to defective hernia mesh implants. 

The plaintiffs are seeking compensation for damages, including medical expenses, pain and suffering, lost earnings, non-economic losses, and reduced life’s quality.

Hernia Mesh Lawsuits: An Overview on Eligibility and Settlement Values

Individuals are making legal claims against Atrium Medical Corp., Ethicon, Bard, and other manufacturers for severe injuries from complications due to defective hernia mesh implants. 

The plaintiffs are seeking compensation for damages, including medical expenses, pain and suffering, lost earnings, non-economic losses, and reduced life’s quality. 

A hernia mesh or surgical mesh is a medical device that supports damaged or weakened tissues around hernias as they heal. 

Hernias have a high recurrence rate, and the primary reason for using hernia mesh is to solidify the hernia repair and reduce the recurrence rate. 

Despite their medical benefits and ease of use, some research indicates that some hernia mesh brands may increase hernia recurrence rates and result to several other complications. 

Thousands of hernia mesh lawsuits have been filed in federal and state courts across the country, with three leading causes of legal action – manufacturing defects, failure to warn, and defective design. 

In 2011, C. R. Bard, a mesh manufacturer, reached a $184 million settlement contract for over 2,600 lawsuits relating to its failed hernia mesh products. 

If you’ve been inconvenienced by a faulty hernia mesh device, you’re eligible for compensation. To get the ball rolling, speak to a medical device lawyer that’ll review your case and advise you of your legal options. 

What Is a Hernia Mesh Lawsuit?

Hernia mesh lawsuits are legal claims against mesh producers for injuries and complications due to mesh failure. 

Plaintiffs allege that the defendants marketed defective products and failed to warn users of the possible risks associated with using the products. 

These devices failed and the affected patients in most cases required additional surgery to solve the resulting damage.

There are thousands of cases against several mesh manufacturers, most of which have been consolidated into federal Multi-district Litigations (MDL) to save cost and speed up the litigation process. 

For context, hernia mesh lawsuits plaintiffs allege: 

  • Defective product manufacturing
  • Defective product design
  • Improper product labeling, which failed to warn patients about the risks and potential complications of hernia mesh product
  • Medical malpractice by the doctors who implanted the hernia mesh devices

Although several mesh cases have been rescheduled many times, the first claim went to trial in August 2021. 

This trial resulted in a win for the defendants, C.R Bard and Davol Inc. 

The defense picked out the plaintiffs in this trial, and lawyers don’t believe this verdict will impact pending litigation.

The second hernia mesh trial ended in a victory for the plaintiff in April 2022 with a jury award of $255,000. 

These were bellwether trials — test cases designed to give everyone a clear idea of the compensation they’ll possibly receive.

Who Is Eligible for a Hernia Mesh Lawsuit?

Individuals who experienced injuries or complications after a hernia mesh surgery, especially if the mesh was developed by Atrium Medical Corp., Ethicon, or C.R. Bard may qualify for a hernia mesh lawsuit. 

The eligibility criteria in this lawsuit are dependent on the severity of your injuries and the law entity handling the case. 

However, you are eligible to file this lawsuit if you: 

  • Underwent a hernia mesh surgery on or after January 2006.
  • Experienced a recurrence or severe injuries due to adhesion, mesh migration, infections, or organ perforation 30 days from the original surgery date.
  • Had hernia revision surgery or any other corrective surgery due to complications.
  • Have further surgery scheduled due to the complications.
  • Have been told you require additional surgery or cannot have required surgery due to complications.

Injuries and Complications Due to Defective Hernia Mesh Implants

The injuries and complications that might crop up from defective hernia mesh implants include: 

  • Migration: The movement of the mesh from the original site of implantation.
  • Infections: Infections can occur due to a defective mesh leading to symptoms including headaches, fever, and sepsis. Studies show that an infected mesh can also lead to certain cancer forms.
  • Abdominal Pain or Discomfort: Adhesion of the mesh to the abdominal walls can cause severe pain or discomfort and may be accompanied by nausea, bowel obstruction, and nerve damage.
  • Adhesion: Occurs when the mesh sticks to the body’s internal tissue.
  • Seroma: Post-surgery fluid buildup that can cause pain, discomfort, or infections. 
  • Mesh Failure: The mesh can fail to do what was intended and may require surgical removal. Mesh failure may feature side effects such as severe pain and inflammation of body tissues.
  • Testicular Pain: Hernia mesh failure can cause severe pain at the surgery site, leading to testicular removal due to spermatic cord damage.
  • Mesh Erosion: Mesh erosion can occur if the body attacks the mesh or if it migrates from the implantation site. An eroding mesh can be life-threatening with symptoms like fever, nausea, infection, and chronic pain. 
  • Organ or Tissue Perforation: Usually occurs due to mesh erosion or migration and may require surgical procedures like colostomies for correction. 

Some injuries or complications due to defective hernia mesh implants may not show up until many years later, necessitating hernia mesh revision surgery. 

Patients might also experience neurological problems, painful sex, autoimmune disorders, and dental issues, among other complications.

Who are the Defendants in Hernia Mesh Lawsuits?

The defendants in the hernia mesh litigations are the manufacturers of the defective implants. Several hernia mesh implant brands are on the market, but only the defective products will be subject to litigation.

Brands of defective hernia mesh implants include: 

Atrium

Atrium is a New Hampshire-based medical corporation that manufactures products for cardiovascular disease, soft tissue repair, and critical care management tools, including mesh implants, stents, vascular grafts, and infusion catheters. 

Atrium brands involved in the mesh implant lawsuits include:

  • C-QUR Edge Mesh V-Patch
  • C-QUR Lite Mesh V-Patch
  • C-QUR Mesh
  • C-QUR Mosaic
  • C-QUR OVT Mesh
  • C-QUR V-Patch
  • C-QUR TacShield
  • ProLoop. 

Bard

Formerly called C.R Bard, Bard manufactures medical devices for cardiovascular surgery, oncology, and urology. 

The New Jersey-based company was acquired by BD in 2017 and sells 15,000 products worldwide.

Bard devices involved in hernia mesh litigation include: 

  • Perfix Mesh
  • Ventralex Patch
  • Sepramesh IP Composite Mesh
  • Composix E/X, Composix L/P
  • Bard Mesh Dart, Ventrio ST
  • Visilex
  • Composix Kugel Hernia Patch
  • Kugel Hernia
  • Modified Kugel Hernia Patch
  • 3DMax Mesh
  • 3DMax Mesh
  • Ventralex ST Mesh
  • Sperma-Tex, Marlex
  • Composix Kugel Hernia Patch

Ethicon 

Ethicon is owned by revered healthcare firm, Johnson & Johnson, and manufactures mesh products, surgical devices, sutures, and mesh products. 

Brands by Ethicon involved in the hernia mesh lawsuits include:

  • Prolene 3D
  • Prolene Hernia System
  • Physiomesh Flexible Composite Mesh
  • Proceed
  • PHS

Covidien – Medtronic

Covidien was bought by Medtronic in 2015. This entity produces medical devices for cardiovascular, surgical, renal, endocrine, neurologic, and diagnostic uses. 

Their brands involved in the hernia mesh lawsuits are: 

  • Parietex Composite Mesh
  • Parietex Surgical Mesh
  • Parietex ProGrip Mesh
  • Parietex ProGrip Self-Fixating Mesh
  • Progrip Mesh
  • Parietex Lightweight Monofilament
  • Parietex Flat Sheet Mesh
  • Parietex Folding Mesh
  • Parietex Hydrophilic Anatomical Mesh
  • Parastomal (PCO PM) Mesh
  • Parietex Plug and Patch System
  • Parietex Optimized Open Skirt Mesh

W.L Gore and Associates

W.L Gore and Associates is located in Delaware and specializes in products derived from fluoropolymers. 

Its Gore-Tex DualMesh implant is involved in the hernia mesh lawsuits. 

Notable Hernia Mesh Cases

James Brown vs. Atrium

James Brown, a recipient of Atrium’s C-QUR Mesh, claims in a lawsuit that its materials are incompatible with human tissue. 

He claimed that after a hernia repair surgery in 2013, he continued to experience abdominal pain and had to remove the mesh in 2016. 

Brown’s pathology report revealed tissue in the mesh and noted that his body’s defense cells reacted to the material. 

The report also shed light on the material that caused the scarring and thickening of surrounding connective tissue after the plaintiff complained of continued pain upon mesh removal. 

The case was filed in the US District Court of New Hampshire. 

Lillian Graham vs. Ethicon

In 2017, Lillian Graham filed a personal injury/medical product liability lawsuit against Ethicon in the Northern District of Georgia. She claims that after a hernia repair involving Physiomesh in Florida, she developed severe complications and needed another surgery to remove the mesh. 

Graham also alleges that she suffered organ damage and infections. 

She also complained about developing a fistula — an abnormal connection between her small intestine and abdominal walls — which was surgically removed. 

The plaintiff also had her mesh surgically removed and underwent another surgery five months later to repair bowel adhesions. 

Michael Miller vs. CR Bard et al

In 2019, Michael Miller filed a personal injury/medical product liability case against CR Bard in the Southern District of Ohio. 

He claims that he received two Bard 3DMaxes meshes during surgery in New York. 

Miller required a second surgical procedure less than one month later, as his hernia returned. 

The second surgeon used Perfix Plug, an hernia mesh from CR Bard.

Miller claims he continued to experience severe pain and hernia recurrence months after revision surgery. 

He also claimed to have sexual difficulty post-surgery.

How Much Can Plaintiffs Expect to Receive in Hernia Mesh Lawsuits?

No settlements have been publicly announced in the currently active hernia mesh lawsuits.

However, there have been hernia mesh verdicts in the past. In 2011, C.R Bard settled over 2,600 hernia mesh cases for $184 million. The company also announced a $319 million payout for over 6,000 lawsuits in 2014. 

Attorneys involved in hernia mesh cases will observe the outcome of bellwether trials to estimate the dollar value of a case. 

Each lawsuit is unique, but certain parameters can be used to arrive at dollar settlement amounts. 

These include:

  • The severity of injuries and complications
  • The time frame it takes to recover from the injuries and complications
  • The possibility of permanent scarring, disability, or disfigurement
  • The effect of the injury on your personal relationships
  • The medical prognosis (i.e., the likely outcome of the injury and your chances of recovery)

Your lawyer will present these details as evidence in the trial to get you the best possible outcome. 

If you’ve been affected by a defective hernia mesh implant, you should contact your lawyer immediately. Since there are statutes of limitations on hernia mesh claims, file your case as soon as possible, so you don’t forfeit your eligibility. 

How Long Will Plaintiffs Wait to Get Their Settlement?

The timeline before getting compensation depends on the pace at which your case goes through the steps of your lawsuit and the defendant’s willingness to resolve the case. 

The typical steps in the hernia mesh lawsuits are: 

  • Filing responses to complaints
  • Exchange of information between both parties and gathering records during discovery
  • Pre-trial motions to determine what claims or evidence will be allowed 
  • Actual trial

According to hernia mesh lawsuit information, it takes between three to seven years to completely resolve complex medical product liability lawsuits.

Other Things to Note About Filing a Hernia Mesh Lawsuit

Endeavor to know your mesh type, the manufacturer, and the dates you had your surgery before you file a lawsuit. These details will be in your medical records. 

If you had a revision surgery arranged, ensure that you have your old mesh preserved for evidence in a trial.

Questions to Expect From Your Lawyer

When you contact a product liability lawyer, you may need to provide clear answers to these questions and more to help them build a case: 

What Injuries Do You Have as a Result of Your Hernia Mesh Surgery?

Hernia mesh failure usually causes severe injuries like adhesion, migration, organ perforation, seromas, and bowel obstruction. 

Your lawyer will also want to know the details of your mesh, like the manufacturer, brand, and also whether you preserved the mesh after your revision surgery. 

What Symptoms Have You Experienced or Currently Experiencing?

Individuals with hernia mesh failure experience varying symptoms depending on their complications. 

Symptoms like severe pain follows mesh adhesion, while patients with bowel obstruction may experience nausea, vomiting, and difficulty stooling or passing gas. 

When Did You Get Complications From Your Hernia Mesh Implant?

Hernia mesh complications can occur after the surgery or a few years later. It’s necessary to seek medical and legal assistance once you suspect that the symptoms you’re experiencing are mesh-related complications.

What Treatments Are You Receiving for Your Complications?

How your doctor treats your complications depends on your symptoms. 

Your doctor may prescribe medications or recommend additional surgery to help manage complications. 

It’s crucial to let your attorney know what treatment you are receiving. 

Why Do You Want to File a Lawsuit?

Most people file hernia mesh lawsuits because they want compensation for economic and non-economic losses suffered due to using a defective product. 

You may need to discuss your reasons for wanting to file a lawsuit with your lawyer.

How Has the Defective Hernia Mesh Implant Affected Your Life?

Complications due to a failed implant can take a toll on you mentally and emotionally. Telling your lawyer about how your daily life has been affected provides a clear picture of your claim and aids them in building a robust case. 

Final Words

If you’ve suffered from a defective hernia implant, you should get in touch with a medical device lawyer for consultation and case review immediately. 

Most lawyers will review and take up your case at no cost and will get paid after you receive a settlement.

See If You Can File

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