If you or a loved one experienced pain, infections, hernia recurrence, adhesions, or perforations following hernia mesh implant surgery, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to defective hernia mesh products.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
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Table Of Contents
- Hernia Mesh Patch Lawsuit Overview
- Latest Hernia Mesh Patch Lawsuit Updates
- Hernia Mesh Market and Impact Statistics
- FDA Reports and Statistics
- Hernia Mesh Injuries & Side Effects
- Do You Qualify for a Hernia Mesh Lawsuit?
- Hernia Mesh Recall Information
- Statute of Limitations for Hernia Mesh Lawsuits
- FAQs
- 1. How do I know which hernia mesh product was used in my surgery?
- 2. How long does a hernia mesh lawsuit take to resolve?
- 3. Is my hernia mesh settlement taxable?
- 4. How do I know if my hernia mesh failed?
- 5. Is there a class action for hernia mesh lawsuits?
- 6. What manufacturers are named in hernia mesh lawsuits?
- 7. What if I don’t know whether I have a recalled mesh?
- 8. How much does it cost to file a hernia mesh lawsuit?
- 9. What is a bellwether trial?
- 10. Can Hernia Mesh Cause a Bowel Obstruction?
- 11. What Happens if Hernia Mesh Migrates?
- Get a Free Hernia Mesh Patch Lawsuit Evaluation With Our Lawyers
Hernia Mesh Patch Lawsuit Overview
Hernia mesh lawsuits target manufacturers of surgical mesh products used in hernia repair surgeries that have caused serious complications.
Over 16,000 cases have been consolidated in multidistrict litigation (MDL), making it the third-largest pending MDL nationwide.
Primary allegations include defective design, manufacturing defects, and failure to warn patients about known risks of infections, pain, inflammation, and other serious complications.
Latest Hernia Mesh Patch Lawsuit Updates
- April 2024 – Fourth C.R. Bard bellwether trial involving plaintiff Jacob Bryan began in Rhode Island State Court. Bryan filed a lawsuit in 2018 after experiencing hernia mesh deformation and persistent pain requiring ongoing medical care and potential revision surgery [1].
- November 2023 – Federal jury awarded $500,000 in compensatory damages in the Stinson Bellwether trial [2]. Jurors found Bard liable for failure to warn, strict liability, and negligence related to its PerFix Plug device.
- May 2016 – Ethicon Physiomesh hernia patch withdrawn globally after being linked to high failure rates and the frequent need for revision surgery [3].
Hernia Mesh Market and Impact Statistics
The FDA conducted a comprehensive review of 45 articles published over 11 years to evaluate complication rates associated with barrier-coated and hybrid mesh patches, including:
- 9 Randomized Controlled Trials
- 7 Prospective Cohorts
- 20 Retrospective Cohorts
- 9 Case Reports and Series
Complication Rates:
- Hernia Recurrence: 0–11.1%
- Hematomas: 0.5–2.3%
- Seromas: 0–52.5%
- Bowel Adhesions: Up to 3.2%
- Bowel Obstructions: Up to 3.8%
- Fistula Formation: Less than 1%
- Abdominal Organ Space Infections: 0.22–1.1%
- Surgical Site Infections: 0–21%
- Mesh Infections: 0–1.4%
- Chronic Pain: 0.3–68% (significant impact on quality of life does not exceed 3.8%)
FDA Reports and Statistics
The FDA has released comprehensive guidelines detailing the benefits and risks of surgical mesh for hernia treatment.
Based on the FDA’s analysis of medical device adverse event reports and peer-reviewed scientific literature, the most common adverse events for all surgical repairs of hernias—with or without mesh—are:
- Pain
- Infection
- Hernia recurrence
- Adhesions (scar-like tissue that sticks tissues together)
- Intestinal obstruction
- Bleeding
- Fistula (abnormal connection between organs, vessels, or intestines)
- Seroma (fluid build-up at the surgical site)
- Perforation (hole in neighboring tissues or organs)
According to a 2023 study by the FDA, regulatory bodies are important in safeguarding public health and ensuring that manufacturers adhere to the highest standards of safety [4].
Related: Atrium C-QUR Hernia Mesh Patch Lawsuit
Hernia Mesh Injuries & Side Effects
Hernia mesh complications may develop shortly after surgery or become apparent months or years later. The FDA lists pain, infection, hernia recurrence, adhesions, intestinal obstruction, bleeding, fistula, seroma, and perforation among the most commonly reported adverse events following hernia repair. For repairs involving mesh, the FDA also identifies mesh migration and shrinkage as additional adverse events that may be associated with these complications [4].
Bowel Obstruction After Hernia Mesh Surgery
A bowel obstruction occurs when the small or large intestine becomes partly or completely blocked. After hernia repair, an obstruction may be associated with adhesions, entrapment of the intestine, recurrent hernia, or mesh that has shifted or eroded into surrounding tissue. However, an obstruction following surgery does not by itself establish that the mesh was defective or caused the injury.
Possible warning signs include severe or recurring abdominal pain, swelling, nausea, vomiting, constipation, and an inability to pass gas or stool. Because a complete obstruction can become a medical emergency, anyone experiencing serious symptoms should seek prompt medical care.
When a possible legal claim is evaluated, relevant evidence may include the implanted product’s identity, operative records, imaging results, the timing of symptoms, and records from any hospitalization or revision surgery.
Hernia Mesh Migration
Mesh migration occurs when an implant moves away from its intended position. Medical literature describes migration and erosion into surrounding structures, including the bowel and bladder, although these complications are considered uncommon [7].
Symptoms depend on where the mesh moves and whether it affects nearby tissue. Reported problems include persistent pain, infection, recurrent hernia, nausea or vomiting, bowel changes, urinary symptoms, bleeding, fistulas, and organ damage. A clinician may use the patient’s surgical history, examination, and imaging to investigate the cause. Treatment depends on the location and severity of the complication and may include monitoring or surgery to remove, reposition, or replace the mesh.
Evidence relevant to a potential claim may include imaging showing migration, an operative report identifying the mesh, records of revision surgery, and medical evidence connecting the complication to the implant. Not every instance of migration establishes manufacturer liability, so each matter must be reviewed individually.
Do You Qualify for a Hernia Mesh Lawsuit?
You may qualify for a hernia mesh lawsuit if:
- You underwent hernia repair surgery with mesh between 2010-present
- You experienced serious complications including pain, infection, mesh migration, adhesion, bowel obstruction, or hernia recurrence
- Your complications required additional medical treatment, hospitalization, or revision surgery
- You can provide medical documentation linking your injuries to the hernia mesh implant
Evidence Required for a Hernia Mesh Lawsuit
To build a strong case, you’ll need to provide:
- Medical records documenting your original hernia repair surgery
- Documentation of complications and subsequent treatments
- Records identifying the specific mesh product implanted (your attorney can help obtain this)
Damages You Can Recover
Compensation in hernia mesh lawsuits typically includes:
- Medical Expenses: Coverage for past and future treatments
- Lost Wages: Compensation for time away from work
- Pain and Suffering: Damages for physical pain and emotional distress
- Punitive Damages: Additional compensation in cases of gross negligence
Hernia Mesh Recall Information
Several hernia mesh products have been recalled due to safety concerns:
- Ethicon Physiomesh: Withdrawn globally in May 2016 due to high failure rates.
- Atrium C-QUR Edge: Recalled in July 2013 when coating was found to adhere to packaging due to high humidity [5].
Other products facing legal claims include:
- Gore-Tex Soft Tissue Patch
- Gore Bio-A Hernia Plug
- Gore Dualmesh Biomaterial
- Gore Dualmesh Plus Material
- Gore Synecor Intraperitoneal Biomaterial
- Gore Synecor Preperitoneal Biomaterial
- Kugel Mesh products
Statute of Limitations for Hernia Mesh Lawsuits
Each state has its own deadline for filing a hernia mesh lawsuit.
Generally, the statute of limitations begins from the date you discovered (or should have discovered) your injury. Typically, this ranges from 1-6 years depending on your state of residence.
Acting quickly is essential. If you wait too long to file your claim, you may be permanently barred from receiving compensation.
On average, plaintiffs receive $65,000 and $80,000 in hernia mesh lawsuit settlements. For serious injuries, settlements can reach up to $1,000,000 or more [6].
Related Article: Statute of Limitations for Hernia Mesh Lawsuits
FAQs
1. How do I know which hernia mesh product was used in my surgery?
Most patients are unaware of the specific device used during their surgery. Your attorney can help obtain this information from your medical records.
2. How long does a hernia mesh lawsuit take to resolve?
Most hernia mesh lawsuits take 1-3 years to resolve. Cases consolidated in MDLs may move more quickly than individual lawsuits.
3. Is my hernia mesh settlement taxable?
Most hernia mesh settlements are not taxable. The IRS excludes compensation for physical injuries, related medical bills, and pain and suffering from taxable income. However, interest earned on settlement money is taxable.
4. How do I know if my hernia mesh failed?
Signs of mesh failure include bulging at the surgical site, burning sensation, constipation or bowel problems, sexual dysfunction, nausea, fatigue, and pain.
5. Is there a class action for hernia mesh lawsuits?
Most hernia mesh lawsuits are consolidated in multidistrict litigation (MDL) rather than class actions. This allows cases to be processed more efficiently while maintaining individual claims.
6. What manufacturers are named in hernia mesh lawsuits?
Major manufacturers named in lawsuits include C.R. Bard/Becton Dickinson, Ethicon/Johnson & Johnson, Atrium Medical Corp., and Gore Medical.
7. What if I don’t know whether I have a recalled mesh?
Your hernia mesh lawyer can help determine if you received a recalled product by obtaining and reviewing your medical records.
8. How much does it cost to file a hernia mesh lawsuit?
Hernia mesh lawyers typically work on a contingency fee basis, meaning you pay nothing unless they achieve a favorable outcome in your case.
9. What is a bellwether trial?
Bellwether trials are test cases selected to go to trial first in MDL litigation. The outcomes help set expectations for settlement negotiations for remaining cases.
10. Can Hernia Mesh Cause a Bowel Obstruction?
Hernia mesh may contribute to an obstruction if it migrates, erodes, traps part of the intestine, or leads to adhesions. Bowel obstruction can also occur after hernia repair for reasons unrelated to a defective implant, so medical evaluation is necessary to determine the likely cause.
11. What Happens if Hernia Mesh Migrates?
Migrated mesh may irritate tissue, contribute to infection or hernia recurrence, or affect nearby organs such as the bowel or bladder. Depending on the symptoms and location, a physician may recommend monitoring, additional imaging, or revision surgery.
See all related medical device lawsuits we’ve covered.
Get a Free Hernia Mesh Patch Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for hernia mesh complications. Many states have a statute of limitations as short as 2 years from the date of injury.
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References:
- https://www.lawsuit-information-center.com/bard-hernia-mesh-lawsuits.html
- https://www.seegerweiss.com/news/seeger-weiss-helps-secure-a-500000-jury-verdict-in-bard-hernia-mesh-bellwether-trial/
- https://www.drugwatch.com/hernia-mesh/physiomesh/
- https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair#Treatment
- https://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfRes/res.cfm?ID=119924
- https://www.consumernotice.org/legal/hernia-mesh-lawsuits/settlements/
- https://pubmed.ncbi.nlm.nih.gov/30701369/