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7 Things to Know Before Filing a Hernia Mesh Lawsuit

Surgical mesh is used in procedures like hernia repair surgery to provide additional support to weakened or damaged tissue around a hernia. However, many in the country who have undergone the surgery have developed complications due to the mesh, which has led to mass tort lawsuits against hernia mesh manufacturers.

7 Things to Know Before Filing a Hernia Mesh Lawsuit
The argument is that the implants could be defective. Here are a few things to know before filing a hernia mesh lawsuit:

1. Hernia and its treatment
A hernia develops if an organ or fatty tissue squeezes through a weakened spot or hole in the muscle or connective tissue. This usually occurs at the abdominal wall. Hernia may also be visible as a bulge, particularly when straining or bearing down. A combination of pressure and an opening or weakness of muscle or connective tissue can contribute to a hernia. The pressure forces an organ or tissue to push through these openings or weak spots. Factors that may increase abdominal pressure are lifting heavy objects, diarrhea, constipation, or a persistent cough or sneezes. Other risk factors, such as poor nutrition, unhealthy lifestyle habits, and overexertion, may weaken the muscles and increase the risk of a hernia. Surgical repair is a common treatment option here. It involves pushing the herniated tissue into place and reinforcing the barrier that the tissue pushed through with stitches or surgical mesh.

2. Purpose of using hernia mesh
Hernia mesh can be described as small meshed nets or knitted sheets that function as an artificial support structure for the surgically repaired muscle wall. The mesh is implanted in or around the muscle wall to repair the muscle tissue where the hernia had developed. The mesh then helps strengthen and reinforce the muscle tissue while preventing recurrence. As the repaired muscle tissue recovers, it will grow into and around the mesh. 

3. Background of hernia mesh lawsuits
Some of those who underwent hernia repair surgery and were outfitted with mesh claim that the procedure and use of mesh directly resulted in adverse complications. As a result, they required revision surgery to repair the damage. These patients are suing the manufacturers of mesh products used in such surgeries and claiming compensation for damages, including healthcare-associated bills, lost quality of life, suffering and pain, and wages. The lawsuits put forward the following claims:

  • Mesh product designs were faulty or defective.
  • The product was not labeled correctly, failing to warn healthcare professionals and patients about the risk of mesh failure and other complications.
  • Mesh products were defectively manufactured.
  • The doctor(s) committed malpractice by using faulty mesh products.

4. Injuries that can lead to a hernia mesh lawsuit
Those who file lawsuits here usually experience injuries due to the use of hernia mesh and may require one or more additional surgeries to correct these problems. In some cases, the victims claim that the mesh-related complications continue even after undergoing revision surgery. 

One may qualify to join a mass tort case if they experience one or more of the following complications after undergoing hernia mesh surgery or if their healthcare provider recommends revision procedures to address the complications of using the mesh.

  • Infection
  • Nerve damage that could be accompanied by chronic inflammation
  • Mesh failure
  • Pain that lasts for months or years post-operation
  • Mesh that has stuck to tissue or other organs.
  • Bowel obstruction
  • Fluid buildup around the surgical site (seromas)
  • Revision surgery
  • Delayed or long-term complications
  • Organs or tissues perforated due to hernia mesh punctures
  • Testicular or groin pain
  • Recurrence of hernia
  • Migration of the mesh to other locations

5. Reasons to file a hernia mesh lawsuit
A strong argument for a lawsuit here is the importance for manufacturers of healthcare devices to ensure their products, such as a hernia mesh, are safe for humans before selling them. So, a victim of a faulty hernia mesh product may file a lawsuit to receive compensation related to:

  • Emotional and mental distress
  • Economic losses, such as healthcare bills and lost wages
  • Punitive damages, which are intended to act as a preventative measure to protect others from such conduct and also punish the defendant

6. Eligibility
One might be eligible to file a claim if they received a mesh made by specific companies currently being sued in such lawsuits and subsequently experienced complications, including the ones listed above. Upon experiencing complications, one should contact legal experts as soon as possible to ensure the lawsuit (if eligible) is filed on time. Additionally, one can ask their lawyer about the timelines and statutes of limitations that apply to each potential case, as these regulations can vary by state. Here is the eligibility criteria for a hernia mesh mass tort lawsuit:

  • The first hernia surgery using mesh was performed on or after January 1, 2006.
  • One suffered severe injuries as a result of the procedure.
  • One was advised to have additional surgeries or revision procedures to address the complications.

7. Status of lawsuits
A settlement is a voluntary agreement between all the parties involved in a legal dispute, whereas a verdict is a decision that a judge or jury renders after a trial. When it comes to hernia mesh cases, plaintiffs have filed over 20,000 lawsuits, with trials centered on design defects, negligence, and improper product labeling claims. Some cases have reached verdicts, while others have reached settlements. Legal experts say a hernia mesh settlement could average from $65,000 to $80,000, but some might reach $1 million. The precise settlement amount for each plaintiff can vary depending on the severity of hernia mesh injuries, the impact of injuries, and the medical expenses incurred.

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