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Table Of Contents
- Latest Bard Crurasoft Hernia Patch Lawsuit Updates
- FDA Reports and Statistics
- Bard Crurasoft Hernia Patch Injuries & Side Effects
- Hernia Mesh vs. Stitches
- Do You Qualify for a Bard Crurasoft Hernia Patch Lawsuit?
- Bard Crurasoft Hernia Patch Recall Information
- Statute of Limitations for Bard Crurasoft Hernia Patch Lawsuits
- FAQs
- 1. How do I know if my hernia patch implant is defective?
- 2. What evidence is needed to support a hernia patch lawsuit?
- 3. What compensation can be sought in a Bard Crurasoft Hernia Patch lawsuit?
- 4. Can I join a class-action lawsuit for hernia patch complications?
- 5. What is the average settlement amount for Bard hernia mesh lawsuits?
- 6. What is a surgical mesh and why might it cause complications?
- 7. What should I do with my removed hernia mesh if I’m considering a lawsuit?
- Get a Free Bard Crurasoft Hernia Patch Lawsuit Evaluation With Our Lawyers
- References
Latest Bard Crurasoft Hernia Patch Lawsuit Updates
January 8, 2025 – A Rhode Island jury ordered Becton, Dickinson, and Co.’s C.R. Bard subsidiary to pay $4.8 million in a hernia mesh lawsuit. The verdict was reached after a month-long bellwether trial in Providence Superior Court.
November 13, 2023 – According to the United States District Court, the 4th bellwether trial involving C.R. Bard is scheduled to take place in January 2024 in Rhode Island state court. Plaintiff Jacob Bryan filed a class action lawsuit in Rhode Island after suffering complications following placement with a 3DMax Bard hernia mesh implant [1].
Defendants failed to warn or notify doctors, regulatory agencies, and consumers of the severe and life-threatening risks associated with polypropylene, the complaint states. Defendants were responsible for the research, design, development, testing, manufacture, production, marketing, promotion, distribution and sale of 3DMax, including providing the warnings and instructions concerning the product.
2013 – Bard previously settled 2,600 Kugel Mesh defective product cases for $184 million.As of January 2025, approximately 24,099 cases have been filed in the Rhode Island MDL, and approximately 38,000 cases have been consolidated in the Ohio MDL. Unlike class-action lawsuits, where plaintiffs are treated as a single entity, a hernia mesh MDL allows individual plaintiffs to retain their separate identities [2].
This approach streamlines the legal process, reduces redundancy, and ensures consistent rulings on common issues, while still allowing individual cases to proceed to a hernia mesh trial if necessary, the ABA said.
Hernia Mesh vs. Stitches
As stated in a 2020 study published in BJS Open, one of the significant differences between using surgical mesh and sutures is that a mesh product has the potential to move or shrink, leading to severe health complications [10], such as with a defective or polypropylene-coated mesh. Perforation can cause a severe infection called sepsis.
Mesh repair of umbilical hernia has been associated with a reduced recurrence rate compared with suture closure, but potentially at the expense of increased postoperative complications and chronic pain, the researchers said.
Do You Qualify for a Bard Crurasoft Hernia Patch Lawsuit?
You may qualify for a Bard Crurasoft Hernia Patch lawsuit if:
- You were implanted with a Bard Crurasoft Hernia Patch.
- You experienced serious side effects including pain, infection, bowel obstruction, or hernia recurrence.
- Your injuries required medical treatment or hospitalization.
- You can provide medical documentation linking your injuries to the Bard Crurasoft Hernia Patch.
Evidence Required for a Bard Crurasoft Hernia Patch Lawsuit
To support a hernia mesh lawsuit, the following documentation is essential:
- Medical Records: Complete records of the initial hernia repair surgery and any subsequent revision surgeries
- Surgical Reports: Detailed reports from the surgeon regarding the implantation and removal of the mesh
- Imaging Studies: X-rays, MRIs, or CT scans that may indicate complications such as mesh migration or perforation
- Adverse Event Reports: Any documentation related to complications experienced post-surgery
Your healthcare provider needs to keep the hernia mesh after extracting it from your body, as this will be a key piece of evidence in your case.
Damages You Can Recover
Similar to those in product liability lawsuits, damages in a hernia mesh lawsuit can include:
- Medical expenses for treatment, surgeries, and ongoing care
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (compensatory damages)
In some cases, punitive damages may also be awarded if gross negligence is proven.
Bard Crurasoft Hernia Patch Recall Information
In December 2005, C.R. Bard issued a recall after learning of serious product defects. Several months later, in March 2006, after 31 more ring breaks were reported—20 of which caused patient injury—the C.R. Bard recall was expanded to include several additional products and lot numbers, including the C.R. Bard large oval patches, the C Qur mesh, Bard Sepramesh, the extra large oval patches, and the large circle surgical mesh.
The FDA has recalled Bard Kugel Mesh Hernia Patches three times, and nearly 100 reports of problems related to the patch have been received, several of which involve death.
Statute of Limitations for Bard Crurasoft Hernia Patch Lawsuits
Plaintiffs need to be aware of the statute of limitations for filing a lawsuit related to hernia mesh complications:
- Rhode Island: 3 years from the injury’s date or discovery
- Ohio: 2 years from the date of injury
- California: 2 years from the date of injury or discovery
- New York: 3 years from the date of injury
FAQs
1. How do I know if my hernia patch implant is defective?
Symptoms of a defective hernia patch implant may include severe abdominal pain, fever, swelling, redness, infection at the surgical site, bowel obstruction, and recurrence of the hernia. Consult with a healthcare provider if you experience any of these symptoms.
2. What evidence is needed to support a hernia patch lawsuit?
Evidence includes medical records documenting the implantation and complications, proof of the specific type of hernia patch used, expert medical testimony linking the patch to the complications, and documentation of related expenses and losses.
3. What compensation can be sought in a Bard Crurasoft Hernia Patch lawsuit?
Compensation can include medical expenses, lost wages, pain and suffering, emotional distress, and costs for additional surgeries or treatments. In some cases, punitive damages may also be awarded if gross negligence is proven.
4. Can I join a class-action lawsuit for hernia patch complications?
Yes, if a class-action lawsuit is filed, affected individuals may be able to join. Contact a lawyer to discuss joining the class action or filing an individual claim.
5. What is the average settlement amount for Bard hernia mesh lawsuits?
The average settlement for Bard hernia mesh claims is estimated to be between $60,000 and $100,000, although individual results may vary based on case specifics.
6. What is a surgical mesh and why might it cause complications?
Surgical mesh is a medical device used to provide additional support for weakened or damaged tissues [3]. Most mesh devices are made from synthetic materials or animal tissue. Non-absorbable mesh is designed to remain in the body indefinitely but may degrade over time, potentially leading to complications.
7. What should I do with my removed hernia mesh if I’m considering a lawsuit?
Your healthcare provider needs to keep the hernia mesh after extracting it from your body, as this will be a key piece of evidence in your case. Your healthcare provider can learn how to do this by contacting the lawyers at Schmidt & Clark, LLP.
Related Articles:
- Bard Meridian IVC Filter Lawsuit
- C.R. Bard Composix Hernia Mesh Surgical Complication Lawsuit
- C-Qur Hernia Patch Recall
See all related medical device lawsuits our attorneys covered so far.
Get a Free Bard Crurasoft Hernia Patch Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action in hernia mesh cases, with statutes of limitations ranging from 2-3 years depending on your state. Don’t delay in seeking the compensation you deserve. The Product Liability Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focus on the representation of plaintiffs in hernia mesh repair lawsuits.
We offer:
- Free, confidential consultations
- No upfront costs or fees
- Payment only if we win your case
References
- https://www.aboutlawsuits.com/wp-content/uploads/2018-11-12-Bryan-Complaint.pdf
- https://www.americanbar.org/groups/young_lawyers/resources/tyl/practice-areas/mdl-vs-class-action-place-plaintiffs-and-procedure/
- https://www.sciencedirect.com/topics/nursing-and-health-professions/surgical-mesh
- https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9995439/
- https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
- https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml#REF4
- https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9021144/
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7260408/
- https://www.consumernotice.org/drugs-and-devices/hernia-mesh/