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Arizona Hernia Mesh Lawsuit Attorney

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Hernia Mesh Lawsuit
If you or someone you know has experienced complications from hernia mesh, Schmidt & Clark, LLP, is here to help. Recognized for our expertise in plaintiff representation, our primary goal is to ensure you receive the justice and compensation you’re entitled to.

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Quick Summary

  • Victims of hernia mesh complications in Arizona should be aware of the specific state laws and statutes of limitations that could affect their case.
  • Engaging with experienced legal professionals who specialize in medical device litigation can significantly enhance one’s chances of obtaining a favorable outcome in these complex legal battles.
  • Dealing with hernia mesh complications is a serious issue for many in Arizona, but there is legal assistance available. This article provides essential information on navigating the Arizona hernia mesh lawsuit process, determining eligibility for filing, and understanding the potential for compensation.

Hernia Mesh Lawsuits

Despite seeming complex, a hernia mesh lawsuit is a claim by patients who’ve suffered complications following a hernia mesh implant.

These lawsuits are part of a much larger national issue implicating major hernia mesh manufacturers like:

The staggering scale of litigation becomes evident when we consider that over 20,973 cases are pending against C.R. Bard alone, with nearly 900 and 2,770 against Covidien and Atrium, respectively.

Common allegations in these lawsuits include design defects, manufacturing faults, and lack of adequate warning about possible complications in hernia mesh products. These alleged defects have led to severe post-surgical complications, prompting patients to seek legal recourse.

The ongoing nature of this litigation is underscored by the fact that the C.R. Bard class action MDL saw an addition of nearly 100 cases in January 2024.

The Role of Multidistrict Litigation (MDL) in Alaska Cases

Multidistrict Litigation (MDL) significantly influences hernia mesh cases. It’s a legal mechanism that centralizes pretrial proceedings for multiple lawsuits to save time and resources. Even though these cases are centralized, individual cases like those in Arizona maintain their own identity and are tried separately.

By joining an MDL, Arizona hernia mesh plaintiffs can benefit from the discovery process and pretrial rulings that apply to all cases within the MDL. This can lead to a more efficient legal process.

Bellwether trials in MDLs, serving as predictive test cases for settlement and jury verdict trends, can shape settlement discussions and strategies for individual plaintiffs, Arizona residents included.

However, if a hernia mesh case is included in an MDL, the plaintiff might experience a delay in their trial date, as MDL cases can take several years to resolve.

What Is Hernia Mesh

According to DrugWatch, hernia mesh is a type of surgical mesh that is one of the medical devices used in hernia repair surgery to reinforce weakened or damaged tissues [1]. As a mesh manufacturer, it is crucial to be aware that different types of hernia mesh have varying risks, with some products being associated with a high risk of complications.

Some mesh products may have problematic coatings, such as Monocryl or polypropylene with omega-3 fatty acid, which can cause allergic reactions. The earliest types of mesh were durable but increased the risk of bowel adhesion and obstruction. Coated mesh products were more likely to migrate, leading to serious complications like obstructions and organ failures.

Latest Hernia Mesh Lawsuit Updates

The landscape of hernia mesh lawsuits is constantly evolving. Here are some recent updates:

  • A fourth bellwether hernia mesh trial involving Bard’s 3DMax hernia mesh is scheduled to begin on April 8, 2024. The plaintiff in this case, Jacob Bryan, alleges severe complications due to the mesh.
  • In November 2023, there was a $500,000 plaintiffs’ award in the Stinson case for Bard.
  • There was also a $4.8 million award in Rhode Island against C.R. Bard for defective design and failure to warn.

In another significant development, Judge Sargus upheld the verdict in the Stinson case, denying Bard’s motion for a new trial. He also requested parties in another significant case to discuss a global settlement instead of proceeding to trial.

On the flip side, the number of cases added to the C.R. Bard hernia mesh class action increased by approximately 100 in January 2024, amounting to a total of 21,169 pending cases.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits due to complications arising from faulty products. Some hernia mesh products associated with lawsuits and recalls include:

These products have been linked with serious complications like bowel adhesion, obstruction, organ failures, and allergic reactions.

Legal claims may assert that defective hernia mesh products were sold in an ‘unreasonably dangerous’ condition and that this condition persisted at the time the product left the manufacturer’s control.

The specific type of hernia mesh used is vital as different meshes have various risks and complications, which can influence the legal strategy and potential compensation.

Complications Named in the Lawsuits

According to C&C, hernia mesh lawsuits cite various complications that can drastically affect one’s quality of life. Symptoms indicative of hernia mesh complications include [2]:

  • Fever
  • Nausea
  • Severe abdominal pain
  • Abnormal bowel movements
  • Vomiting

These complications can be debilitating and often permanent, leading to chronic pain and other serious health issues.

According to a 2020 study conducted by ScienceDirect, specific complications from hernia mesh implants, which include surgical mesh implants, named in lawsuits encompass [3]:

  • Mesh degradation
  • Rupturing
  • Erosion
  • Infection
  • Organ perforation
  • Recurrence
  • Adhesion
  • Obstruction
  • Chronic pain

The severity of these medical complications often prompts patients to seek legal recourse.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have undergone hernia mesh surgery post-January 1, 2006, and experienced severe complications necessitating further surgery qualify to file a hernia mesh lawsuit. The basic qualifications to file a hernia mesh lawsuit also include demonstrating that the at-fault party owed a duty of care and breached it through negligence.

The specific hernia mesh product implanted is a crucial factor in determining eligibility to file a lawsuit. If this product has been recalled or is associated with a high risk of complications, the patient may have a stronger case.

Studies have shown that surgical mesh can reduce the rate of hernia recurrence. However, some hernia mesh also has a high failure rate and can cause severe or even life-threatening complications – National Library of Medicine

A surgeon may be liable in a hernia mesh lawsuit if the complications resulted not from the mesh itself but from improper installation or failure to provide information about common side effects.

Hernia Mesh Lawsuit Settlement Amounts in Arizona

Settlement amounts in Arizona hernia mesh lawsuits hinge on each individual’s circumstances. The average hernia mesh lawsuit settlement amounts are projected based on past cases, with some plaintiffs receiving between $50,000 and $1,000,000 depending on the level of injury.

In prior hernia mesh litigation involving C.R. Bard’s Kugel Hernia Mesh product, a global settlement of $184 million was reached, averaging about $70,000 per claim.

Large verdicts in individual hernia mesh cases have been awarded by juries, such as a $3.6 million verdict in 2016 and an $18.5 million verdict in 2018, though these are not average outcomes.

It’s also worth noting that each hernia mesh lawsuit is unique, and settlement amounts in Arizona are determined by factors such as the severity of injuries and the cost of related medical bills.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Arizona

In Arizona, hernia mesh lawsuit victims can pursue different types of compensation, including:

The average settlement for hernia mesh lawsuits can span from hundreds of thousands to millions of dollars, although exact figures are difficult to determine due to the confidentiality of settlements and the dynamics of ongoing cases.

Hernia mesh lawyers with expertise in hernia mesh litigation are essential to ensuring fair compensation, as they can properly assess the long-term impact of injuries and navigate the complexities of settlement negotiations.

Filing an Arizona Hernia Mesh Lawsuit

Though filing a hernia mesh lawsuit in Arizona may appear intimidating, it adheres to a concrete series of steps.

It begins with filing a complaint in state or federal district court outlining the plaintiff’s allegations and legal theories for recovery, such as design defect, manufacturing defect, or failure to warn.

The complaint will specify the financial damages the plaintiff is seeking, including medical costs, lost wages, pain and suffering, and potentially punitive damages.

Types of Evidence To Present

Certain types of evidence are indispensable when presenting a hernia mesh lawsuit. Patients must compile comprehensive medical records that show the use of the hernia mesh, the complications that ensued, and any subsequent treatments or surgeries.

This includes records of the hospitals and healthcare providers involved in hernia mesh surgeries and complications.

If a revision surgery is needed, the hernia mesh should be preserved as it may serve as crucial evidence in the legal proceedings. Identifying the manufacturer and other specific details about the hernia mesh product is also crucial for establishing eligibility to file a lawsuit.

Arizona Statute of Limitation

Another crucial consideration is the Arizona statute of limitations for hernia mesh lawsuits. The standard deadline to file a hernia mesh product liability or medical malpractice lawsuit in Arizona is 2 years from the date of injury.

Related Articles:

See all related medical device lawsuits our attorneys covered so far.

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Get Your Free Consultation From Arizona Hernia Mesh Lawyers

Schmidt & Clark, LLP is here to support you during tough times. If you or a loved one has suffered injuries from hernia mesh complications, reach out to us. Our team is experienced in handling these cases and will guide you through the legal process.

We’ll help you understand your rights and determine if you’re eligible for a hernia mesh lawsuit. Consultations are free, and there are no fees unless we win your case. Contact us for a comprehensive case evaluation on hernia mesh issues.

Reference:

  1. https://www.drugwatch.com/hernia-mesh/
  2. https://www.cooneyconway.com/blog/signs-of-hernia-mesh-complications
  3. https://www.sciencedirect.com/science/article/pii/S2666138120300025

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