5 Causes of Hernia Mesh Failure

Hernia Mesh Failure Lawsuit Overview

Hernia mesh failure lawsuits target manufacturers of surgical mesh products that have caused serious complications in patients following hernia repair surgeries.

These legal actions allege that companies produced defective mesh products and failed to adequately warn about the risks associated with their use [1].

Plaintiffs report suffering from a range of serious complications including infection, mesh migration, mesh breakage, shrinkage, and rejection by the body’s immune system.

Thousands of cases have been filed across the United States, with many consolidated into multidistrict litigation (MDL) against major manufacturers including C.R. Bard, Ethicon, and Atrium Medical.

These lawsuits seek compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from hernia mesh complications.

Latest Hernia Mesh Failure Lawsuit 2025 Updates

• March 2025: C.R. Bard agrees to pay $155 million to settle approximately 3,500 cases in the hernia mesh multidistrict litigation, resolving claims related to their Composix, Kugel, and Ventralex hernia mesh products. The settlement comes after several bellwether trials resulted in both plaintiff and defense verdicts [2].
• January 2025: A Rhode Island jury awards $4.8 million to a plaintiff who suffered multiple revision surgeries and chronic pain after receiving Davol’s Ventralex hernia mesh. The verdict includes $800,000 in compensatory damages and $4 million in punitive damages after finding the manufacturer knew of design flaws but failed to warn surgeons or patients.
• October 2024: New scientific study published in the Journal of the American Medical Association finds that certain polypropylene meshes have significantly higher complication and failure rates compared to biologic alternatives. The study tracked 12,500 patients over seven years and found a 28% higher risk of required revision surgery with synthetic mesh products [3].

Hernia Mesh Failure Statistics

Understanding the scope of hernia mesh usage and associated complications provides important context for the ongoing litigation:

• Over 1 million hernia repair surgeries are performed annually in the United States.
• Approximately 90% of these surgeries involve the use of surgical mesh products.
• Studies indicate that between 10-15% of patients experience some form of hernia mesh failure.
• The FDA has received more than 50,000 adverse event reports related to hernia mesh complications.
• Revision surgeries due to hernia mesh failure cost the U.S. healthcare system an estimated $3.75 billion annually.
• Recovery from revision surgery takes an average of 6-8 weeks, resulting in significant lost wages and productivity.
• Chronic pain from mesh complications affects approximately 20% of patients, with 1-2% experiencing debilitating pain.
• The global hernia mesh market is valued at over $4.1 billion, with projections to reach $5.5 billion by 2026.

5 Causes of Hernia Mesh Failure

Hernia mesh failure occurs when a mesh implant used to repair a hernia can no longer perform its intended function.

This can happen for various reasons, causing serious complications that may require additional surgeries or medical interventions.

1. Infection

Infection means the presence of harmful microorganisms in the body, such as bacteria, viruses, or fungi.

These microorganisms can cause the body to be inflamed or damaged, leading to various health problems.

An infection can occur if the mesh becomes contaminated during the surgical implantation.

This can happen if the mesh comes into contact with bacteria or other microorganisms during surgery or if the patient’s immune system is weakened.

Infection can also occur if the mesh becomes contaminated after surgery, for example, if the incision site is not kept clean.

If an infection develops after hernia mesh surgery, it can cause the mesh to fail. The infection can cause the mesh to become inflamed, which can lead to pain, swelling, and discomfort.

In some cases, the infection may lead to the formation of abscesses or the production of pus, which can cause additional pain and discomfort.

An infection can also cause the mesh to detach from the surrounding tissue in severe cases, leading to mesh migration. Mesh migration occurs when the mesh moves from its original position in the abdomen to another location in the body.

This can cause additional complications, such as organ damage or nerve damage. If the infection is not treated promptly, it can lead to serious health problems and may even be life-threatening.

Related Article: Hernia Mesh Patch Lawsuits Update

2. Breakage

Breakage means the act of breaking or splitting into pieces. In hernia mesh, breakage can occur if the mesh becomes damaged or weakened over time.

There are several ways that hernia mesh can become damaged or weakened, leading to breakage.

For example, the mesh may become stretched or torn if not correctly secured during surgery.

The mesh may also get damaged if it is subjected to excessive force or pressure after surgery, such as during physical activity.

If the hernia mesh breaks or becomes damaged, it can cause the mesh to fail. The broken mesh may no longer support the weakened abdomen area, leading to a hernia recurrence.

In some cases, the broken mesh may cause additional complications, such as pain, inflammation, or infection.

3. Shrinkage

Mesh shrinkage means the reduction in the size of the mesh material. In hernia mesh, shrinkage can occur due to various factors such as heat, tension, chemical exposure, or moisture.

Shrinkage of hernia mesh can cause several complications that may require medical attention.

• Recurrence of the hernia: If the mesh shrinks significantly, it may no longer provide the necessary support and reinforcement to the weakened area, leading to hernia recurrence. The hernia may return and cause the same symptoms as before, such as pain or discomfort in the affected area.
• Pain: Shrinkage of the mesh may cause discomfort or pain for the patient. This can be due to the mesh pressing against the surrounding tissues or organs as it shrinks, causing irritation and inflammation.
• Infection: In some cases, shrinkage of the mesh may lead to infection or other complications. This can occur if the mesh becomes contaminated during the hernia repair surgery or if bacteria and other pathogens enter the body through the mesh.

To minimize the risk of hernia mesh shrinkage and failure, it is essential to follow the manufacturer’s instructions carefully and consider the materials and processes used in producing the mesh.

It is also crucial to monitor the patient’s condition and seek medical attention if any complications or adverse effects are observed.

4. Migration

Mesh migration means the movement or displacement of a mesh or netting material from its intended location.

There are two types of mesh migration they are:

• Primary migration
• Secondary migration

Primary Migration

This type of migration can occur when the mesh needs to be correctly secured or anchored in place, either due to inadequate fixation or a wrong mesh size for the patient.

As a result, the mesh may be prone to movement from external forces such as physical activity or trauma. Primary migration can lead to complications such as hernia recurrence, pain, and infection.

It can also require additional surgical intervention to resolve.

“A hernia mesh failure occurs when the mesh is causing complications and must be removed.”- Mark Reiner, M.D. at NYC Hernia Repair.

Secondary Migration

Secondary migration can occur when the mesh causes inflammation in the surrounding tissue, leading the body to create granulation tissue to protect the wound.

However, the granulation process can cause the mesh to erode and migrate over time, potentially taking months or years. This type of migration can lead to complications such as hernia recurrence, pain, and infection.

Related Article: Symptoms or Signs of Mesh Migration

5. Rejection

Rejection is the immune system’s response to foreign materials, including hernia mesh, in the body.

When the body recognizes a foreign material as a threat, it may mount an immune response to remove or neutralize it.

This immune response can cause inflammation and other immune reactions, leading to complications.

Synthetic substances, such as polypropylene, and animal tissue can cause an immune response in some individuals when used as hernia mesh. Synthetic substances are artificial materials that are commonly used in the production of hernia mesh.

While they are generally well-tolerated, some people may experience an immune response to these materials, leading to inflammation and other complications.

Animal tissue, such as porcine (pig) or bovine (cow) tissue, is another material that may be used in the production of hernia mesh.

These materials may be less likely to cause an immune response than synthetic materials, but some people may still experience an immune reaction.

Some of the complications that can occur due to rejection of hernia mesh include:

• Inflammation: Rejection of the mesh can cause inflammation in the surrounding tissue, leading to pain, swelling, and other symptoms. This inflammation may be caused by the immune response, bacteria, or other pathogens entering the body through the mesh.
• Infection: Rejection of the mesh can also increase the risk of infection, as the mesh may become contaminated with bacteria or other pathogens during the hernia repair surgery. The immune response to the mesh may also impair the body’s ability to fight off infection, increasing the risk of complications.
• Recurrence of the hernia: Rejection of the mesh may also lead to recurrence, as the mesh may no longer provide the necessary support and reinforcement to the weakened area. This may be due to inflammation or other damage caused by the immune response or the mesh becoming displaced or eroded over time.
• Adhesions: Rejection of the mesh may also cause adhesions, which are bands of scar tissue that form between tissues or organs. Adhesions can cause pain and discomfort and may require surgical intervention.

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent hernia repair surgery where mesh was implanted.
• You have experienced complications such as infection, pain, mesh migration, breakage, shrinkage, or rejection.
• Your complications required medical treatment, additional surgeries, or hospitalization.
• You can document a connection between your hernia mesh and your health complications.
• Your complications resulted in significant medical expenses, lost wages, or diminished quality of life.

Key factors that strengthen your case include:

• Use of a mesh product that has been recalled or identified as problematic.
• Complications that began within a reasonable timeframe after your hernia surgery.
• Clear documentation of your complications in medical records.
• Confirmation from your surgeon or other medical professionals that mesh failure is the cause of your complications.

Evidence Required for a Hernia Mesh Lawsuit

To build a strong hernia mesh lawsuit, you will need to gather the following types of evidence:

• Medical Records: Documentation of your original hernia repair surgery, including the specific mesh product that was used.
• Complication Documentation: Medical records detailing your complications, treatments, diagnostic tests, and any revision surgeries.
• Product Information: Details about the specific hernia mesh product implanted, including manufacturer, model, and lot number if available.
• Expert Testimony: Medical professionals who can testify about the connection between your complications and the hernia mesh.
• Financial Documentation: Records of medical expenses, lost wages, and other financial impacts related to your complications.

Your attorney will help you collect and organize these materials to build the strongest possible case against the manufacturer.

Damages You Can Recover

If successful in your hernia mesh lawsuit, you may be entitled to compensation for:

• Medical Expenses: Costs for treatments, surgeries, medications, and ongoing care related to mesh complications.
• Lost Income: Compensation for wages lost due to inability to work during recovery.
• Pain and Suffering: Damages for physical pain and emotional distress caused by mesh complications.
• Diminished Quality of Life: Compensation for limitations on daily activities, hobbies, and relationships.
• Permanent Disability: Damages for long-term or permanent impairments resulting from mesh complications.
• Punitive Damages: Additional compensation designed to punish manufacturers in cases of gross negligence.

What Can a Lawyer Do for Me?

A lawyer can help you if you have experienced complications or injuries due to a hernia mesh implant. They will provide legal representation and guidance while pursuing compensation for your injuries.

These are just some of the services your personal injury lawyer will provide you with.

Review Your Medical Records and Other Evidence

A lawyer will review your medical records and other relevant documents to understand the extent of your injuries and the potential causes of those injuries.

Determine Your Legal Options

A lawyer can help you understand the legal options available, including the possibility of pursuing a personal injury claim or joining a class action lawsuit.

Negotiate With Insurance Companies or the Manufacturer

A lawyer can handle negotiations with insurance companies or the manufacturer of the hernia mesh on your behalf, working to secure a fair settlement or award for your injuries.

Represent You in Court

If necessary, a lawyer can represent you in court proceedings related to your hernia mesh injuries.

If you have experienced complications or injuries due to a hernia mesh implant, it is essential to seek legal advice from an experienced personal injury lawyer.

A lawyer can help you understand your rights and options and work to secure the compensation you deserve.

Statute of Limitations for Hernia Mesh Lawsuits

The time limit to file a hernia mesh lawsuit varies by state and depends on several factors:

• State Variations: Most states have 1-6 year statute of limitations for product liability claims.
• Discovery Rule: Many states apply a “discovery rule,” meaning the clock starts when you discover or reasonably should have discovered that your complications were caused by the hernia mesh.
• Special Considerations: Some states have specific provisions for medical device cases or may extend deadlines for cases involving fraud or concealment by manufacturers.
• Ongoing Violations: In some jurisdictions, continued complications from an implanted medical device may be considered an ongoing injury, potentially extending the filing deadline.

Because statutes of limitations can be complex and vary significantly, it’s crucial to consult with an experienced attorney as soon as possible after experiencing hernia mesh complications.

Waiting too long could permanently bar your right to seek compensation, regardless of the severity of your injuries.

Related Articles:

• Hernia Mesh Lawsuit Settlements
• Common Symptoms Of Hernia Mesh Failure

FAQs

1. When Does a Hernia Mesh Fail?

Hernia mesh can fail for various reasons, including surgical errors, infection, tissue rejection, wear and tear, and defects in the mesh itself. Surgical errors can occur if the mesh is not secured during the surgical procedure. Mesh failure can happen immediately after surgery or develop gradually over months or years.

2. How Do You Fix a Hernia Mesh Failure?

Fixing a hernia mesh will depend on the failure’s specific cause and the problem’s severity. Sometimes, the hernia mesh may need to be removed and replaced with a new one. In other cases, additional surgery may be required to repair or reinforce the existing mesh. Treatment may also include antibiotics for infections or pain management for chronic discomfort.

3. How Serious Is Hernia Mesh Migration?

Hernia mesh migration is a severe complication that can occur after hernia repair surgery. It occurs when the mesh used to repair the hernia moves or shifts from its original position. This can cause various problems, including pain, discomfort, and the development of additional hernias. In severe cases, migrated mesh can damage nearby organs or blood vessels, potentially creating life-threatening conditions.

4. How Long Does Hernia Mesh Last?

How long a hernia mesh lasts can vary depending on a number of factors, such as the type of mesh used, the location of the hernia, and the patient’s overall health. Some synthetic meshes are designed to be permanent, while absorbable meshes gradually break down over time. Many hernia mesh products are expected to last the patient’s lifetime, but complications can significantly shorten their functional lifespan.

5. What symptoms indicate hernia mesh failure?

Common symptoms of hernia mesh failure include persistent pain at the surgical site, swelling or bulging, redness or warmth indicating infection, nausea or vomiting, hernia recurrence, fever, and difficulty with bowel movements. These symptoms may develop gradually or suddenly, depending on the type of failure.

6. Can I file a lawsuit if my hernia mesh surgery was years ago?

Yes, you may still be able to file a lawsuit even if your hernia mesh surgery occurred years ago. Many states apply a “discovery rule,” meaning the statute of limitations begins when you discover your injury was caused by the mesh, not when it was implanted. Consult with an attorney to evaluate your specific situation.

7. What is the average settlement for hernia mesh lawsuits?

Settlement amounts vary widely based on factors including severity of complications, medical expenses, lost wages, and impact on quality of life. While some cases have settled for tens of thousands of dollars, others involving permanent disability or multiple revision surgeries have resulted in six or seven-figure settlements.

8. Do I need to have my mesh removed to file a lawsuit?

No, mesh removal is not required to file a lawsuit. Many successful claims have been brought by patients who still have the mesh implanted. However, if your mesh has been removed, the explanted device can provide valuable evidence for your case, especially if a defect is visible.

9. Which hernia mesh products are most commonly involved in lawsuits?

Products frequently named in litigation include C.R. Bard’s Composix Kugel Patch, Ethicon’s Physiomesh, Atrium’s C-QUR mesh, and various polypropylene meshes. Many of these products have been subject to recalls or market withdrawals due to high complication rates.

10. How long does a hernia mesh lawsuit typically take?

Hernia mesh lawsuits typically take 1-4 years to resolve, depending on case complexity, court backlog, and whether the case settles or goes to trial. Cases that are part of multidistrict litigation may follow a different timeline, with bellwether trials typically occurring before widespread settlements.

See the other medical device lawsuits our lawyers covered so far.

Get a Free Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. Most states impose statutes of limitations ranging from 1-6 years from when you discovered your injury was related to the mesh.

Waiting too long could permanently bar your right to seek compensation, regardless of the severity of your injuries.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your potential hernia mesh claim
• No upfront costs or fees – we only get paid if you receive compensation
• Experienced representation from attorneys specializing in defective medical device litigation
• Comprehensive support gathering medical records and evidence
• Access to medical experts who can establish the connection between your mesh and your complications

Don’t risk losing your right to compensation – contact our experienced team today to discuss your case and explore your legal options.

References

1. https://www.drugwatch.com/hernia-mesh/complications/failure/
2. https://www.nycherniasurgery.com/2018/08/28/what-are-the-symptoms-of-hernia-mesh-failure/
3. https://medtruth.com/articles/health-features/hernia-mesh-complications/