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Hernia Mesh Patch Lawsuit Update | Get the Right Lawyer

Ethicon Physiomesh hernia patch withdrawn globally in May 2016 after being linked to high failure rates and the frequent need for revision surgery. Other complications of Physiomesh include abdominal pain, infections, hernia recurrence, adhesions and perforations.
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Free Confidential Lawsuit Evaluation: If you or a loved one suffered complications after receiving a hernia mesh product, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and our lawyers can help.

Update: Lawsuit Accuses Bard Composix Hernia Mesh for Surgical Complications

A man from Pennsylvania has filed a products liability lawsuit against C.R. Bard over claims a hernia mesh patch was defective and failed shortly after implantation, causing adverse health complications.

Plaintiff claims defects in the manufacture of Bard hernia mesh, and that the company failed to perform adequate clinical trials on Composix mesh prior to market approval.

What are Hernia Mesh Lawsuits?

Mesh on white background Ethicon Physiomesh Flexible Composite Mesh entered the U.S. market in 2010 via the FDA’s 510(k) approval process, which clears products that are “substantially equivalent” to products that are already on the market.

A number of different types of Physiomesh were introduced to repair hernias and other fascial deficiencies.

However, it now appears that the products were defectively designed and/or manufactured, posing an unreasonable risk of severe complications.

What Injuries Can Lead to a Hernia Mesh Lawsuit?

In an Urgent Field Notice issued on May 25, 2016, Ethicon warned operating room supervisors, materials management personnel and surgeons not to use Ethicon Physiomesh products after they were linked to high rates of the following complications:

  • Man having abdominal painAbdominal pain
  • Infection
  • Hernia recurrence
  • Adhesions
  • Perforations
  • Mesh erosion or failure
  • Revision surgery to remove hernia patch

Atrium C-QUR Hernia Mesh Patch Recall

Gavel and stethoscope law and health concept In June 2013, Atrium Medical Corp. issued a mesh patch recall [1] for its C-QUR Edge hernia patch after it was found that coating on the devices could adhere to the inner packaging sleeve because of high humidity.

The C-QUR Hernia Patch is coated in fish oil (Omega-3), which is advertised as an “anti-adhesion barrier” to prevent scar-tissues that stick abdominal organs together abnormally during the healing process.

However, lawsuits claim that the patch causes inflammation and infections.

See More: Atrium C-Qur Hernia Mesh Patch Recall Lawsuit

Gore Medical Hernia Mesh

In addition to Physiomesh and the Atrium C-QUR hernia mesh, hernia mesh lawyers near me are filing lawsuits for people who were injured by mesh products made by Gore Medical.

Hernia Mesh on plain background These 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

Hernia Recurrence After Surgery

Doctors in the middle of a surgery Many cases of hernia recurrence after surgery are caused by mesh retraction or contraction, which exposes the previous defect.

Retractions can also cause ripping of the mesh at transfascial suture sites, resulting in defects within the mesh.

Primary mesh failure, infection, loss of domain and failed retention devices have also been noted in patients who suffered recurrence of ventral hernias.

Oregon Woman Sues J&J, Alleges Corrective Surgeries from Physiomesh

Injury form and gavel on table An Oregon woman who claims she developed severe injuries which required multiple corrective surgeries after receiving Physiomesh has filed a products liability lawsuit against J&J.

The complaint was initially filed in the U.S. District Court for the District of Oregon, and subsequently transferred to the Physiomesh MDL in Georgia.

How Do I Know Which Hernia Patch I Received?

POV of a patient looking at the doctors during the surgeryMost patients are unaware of the specific hernia repair device that was used during their surgery, and are often not told about a hernia patch recall.

In fact, doctors have been instructed to treat patients with recalled Ethicon Physiomesh products in the usual manner, and few, if any, have specifically been informed that they have a defective product implanted in their body.

If you had hernia repair surgery but are unsure about the specific device and/or its manufacturer, you should contact your surgeon and/or the facility where your surgery was performed to obtain this information.

Texas Couple Sues Ethicon Over Physiomesh Complications

Couple with cross arms suggesting an unsatisfactory behavior A married couple from Texas has filed a products liability lawsuit against J&J’s Ethicon division over injuries alleged from the company’s Physiomesh hernia patch.

Plaintiff underwent hernia repair surgery with a Physiomesh patch in September 2013, and less than a year later ended up back in the hospital to treat complications from the hernia patch.

The surgeon who operated on the patient allegedly found “numerous balled-up, rolled-up, and incorporated [Physio]mesh,” all of which had to be taken out “with difficulty using cautery and sharp dissection,” according to the lawsuit.

Why File a Lawsuit?

People may file hernia mesh lawsuits to receive compensation for damages, including medical bills, pain, suffering and loss of quality of life. The plaintiffs who have filed lawsuits against hernia mesh manufacturers have 3 main causes of action against mesh manufacturers: Defective design, manufacturing defects and failure to warn.

Causes of Action

Lawsuits allege that hernia mesh manufacturers defectively designed their products in a manner that made them prone to breaking and causing complications.

These manufacturing defects resulted in the mesh being “substandard, adulterated, and/or non-medical grade polypropylene which deviated from their material and supply specifications,” according to a recent lawsuit.

The mesh companies also failed to warn the public despite knowing that their product could cause health problems.

Compensation Claims

Compensation claims in hernia mesh lawsuits include economic factors such as past and future medical expenses and wage loss. Non-economic damages include loss of quality of life, loss of consortium and pain and suffering.

Economic Losses

Some hernia mesh problems require more than one surgery to fix, and some injuries such as infections and chronic pain may mean you will need treatment for the rest of your life. These medical bills add up. If you were the main wage earner for your household and chronic groin pain from failed mesh prevents you from working, you may be able to claim lost wages from the past and future.

Non-Economic Losses

Non-economic losses are emotional and mental. These problems result in loss of quality and enjoyment of life as well as emotional issues.

Punitive Damages

In cases where the jury finds a defendant’s behavior particularly negligent or harmful, they may award punitive damages in addition to compensation for economic and non-economic losses. Punitive damages are meant to punish the defendant and discourage the behavior from happening again.

Related Article: What Are Punitive Damages in a Lawsuit?

Who is Eligible to File a Hernia Mesh Lawsuit?

Any medical device that is used on a patient must meet pre-market testing conditions. Patients who develop complications from any faulty hernia mesh device have the right to file a lawsuit against the manufacturer of the defective hernia mesh device.

Is There a Hernia Mesh Class Action?

In general, hernia mesh lawsuits are filed individually by each plaintiff and are not class actions. After you fill out the form at the bottom of this page, our attorneys will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you.

Hernia Mesh Settlement Amounts / Lawsuit Payouts

On average, plaintiffs get $50,000 to $250,000 in hernia mesh lawsuit settlements. If the plaintiff suffers a serious injury, the hernia mesh lawsuit settlement could be up to $100,000.

Factors Affecting Hernia Mesh Lawsuit Settlement Amounts

Here are some factors that determine average hernia mesh settlement:

  • Severity: If the effects of implanting hernia mesh are severe, the plaintiff will get a higher hernia mesh lawsuit settlement. The compensation depends on how severe the injuries are.
  • Quality of Life: The hernia mesh settlement amount depends on how much the injuries have affected the patient’s life quality. For instance, hernia recurrence, chronic pain inflammation, or excessive pain may have affected the plaintiff’s sleep quality and general wellness.
  • Economic Impact: The hernia mesh lawsuit settlements tend to be higher if the plaintiff had more economic loss, such as lab tests, surgeries, and medical bills.
  • Future Loss: Some effects of hernia mesh complications are life-long. Therefore, the hernia mesh settlement amounts also vary depending on if complications will affect the patient in the coming years.

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Hernia Mesh Lawsuit Process

After you’ve hired a lawyer, the hernia mesh lawsuit process begins with filing a complaint. Ideally, a lawsuit ends with a settlement or jury verdict. Most cases settle before trial, but keep in mind there is no guarantee of receiving compensation.

Steps in a hernia mesh lawsuits include:

  • File responses to the complaint
  • Both sides exchange information and gather records in discovery process
  • Pre-trial motions to allow or dismiss claims and evidence
  • Trial is held

How Long Does a Hernia Mesh Lawsuit Take to Settle?

They can take at least one to three years to resolve, depending on the case, and only under very rare circumstances will they take less than a year. Recently, federal courts have been placing large numbers of hernia mesh lawsuits under MDLs to speed up the litigation process more quickly for people who have suffered from mesh failure.

What You Should Know Before You File a Hernia Mesh Lawsuit

Five things to know before filing a mesh lawsuit include:

  • Who manufactured your hernia mesh surgical implant?
  • The dates of your hernia mesh implant and revision surgeries.
  • Contact a hernia mesh attorney to find out if you have a compensation claim.
  • Act quickly, as each U.S. state imposes a time limit (statute of limitations) on filing a claim. If you wait, you could be barred for receiving compensation for your injuries.
  • Find an experienced hernia mesh attorney.

Questions Hernia Mesh Lawyers May Ask

Some questions your attorney may ask include:

  • What injuries are you experiencing from your hernia mesh?
  • When did your hernia mesh complications occur?
  • What symptoms did you experience?
  • Why are you interested in filing a lawsuit?
  • Who made your hernia mesh?
  • Did you preserve your mesh?
  • Has your mesh been recalled?
  • How is your medical provider treating your complications?
  • How have your hernia mesh injuries impacted your daily life?
  • When were the dates of your hernia mesh surgery and revision surgeries if you had them?

How Much Does it Cost to File a Claim?

Close up image of giving a dollar bill to someone

Hernia mesh lawyers near me handle hernia mesh patch lawsuits on a contingency fee basis, meaning that you pay nothing unless we achieve a favorable outcome in your case.

If we determine that you have a valid claim, you may be entitled to compensation to assist with medical bills, lost wages, pain and suffering, and other damages.

Status of Hernia Mesh Lawsuits

Ethicon Inc. defended itself in the first Physiomesh hernia patch lawsuit to go to trial in the Southern District of Illinois in 2018.

Plaintiff in the case, Matthew Huff, claims he developed abdominal abscesses and intestinal fistulas after being implanted with Physiomesh in 2013.

Hernia Patch Problems May Occur Years After Surgery, Study Finds

Professional doctors studying and researching Patients who undergo incisional hernia repair surgery with a mesh patch may have a lower risk for hernia recurrence, but serious problems can occur up to 5 years after the procedure, a new study has found [2].

Complications included bowel obstruction, perforation, bleeding, pain, non-healing wounds, infections, fluid buildup and fistulas (organs fused together).

See the other related defective medical device lawsuits we’ve covered.

Get a Free Hernia Mesh Patch Lawsuit Evaluation With Our Lawyers

The Medical Device Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in hernia mesh patch lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.

Free Case Evaluation: Again, if you had hernia recurrence or revision surgery, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.

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