Arizona Hernia Mesh Lawsuit Attorney

Arizona Hernia Mesh Lawsuit Overview

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

These lawsuits target major manufacturers like Ethicon, C.R. Bard, Covidien, and Atrium Medical Corp for alleged design defects, manufacturing faults, and inadequate warnings.

Currently, over 20,973 cases are pending against C.R. Bard alone, with nearly 900 and 2,770 against Covidien and Atrium, respectively.

Latest Hernia Mesh Lawsuit Updates

• April 8, 2024 – A fourth bellwether hernia mesh trial involving Bard’s 3DMax hernia mesh is scheduled to begin. The plaintiff, Jacob Bryan, alleges severe complications due to the mesh.
• January 2024 – The C.R. Bard class action MDL saw an addition of nearly 100 cases, bringing the total to 21,169 pending cases.
• November 2023 – A $500,000 plaintiffs’ award was granted in the Stinson case against Bard. Judge Sargus later upheld this verdict, denying Bard’s motion for a new trial.
• 2023 – A $4.8 million award was granted in Rhode Island against C.R. Bard for defective design and failure to warn.

FDA Reports and Statistics

According to DrugWatch, hernia mesh is a type of surgical mesh used in hernia repair surgery to reinforce weakened or damaged tissues [1].

Different types of hernia mesh have varying risks, with some products associated with a high risk of complications.

The FDA has received numerous adverse event reports related to hernia mesh products. Some problematic coatings, such as Monocryl or polypropylene with omega-3 fatty acid, 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.

Hernia Mesh Injuries & Side Effects

According to C&C, hernia mesh complications can drastically affect one’s quality of life, leading to debilitating and often permanent health issues [2].

Serious side effects include:

• Mesh degradation: Breakdown of mesh material in the body
• Rupturing: Tearing or breaking of the mesh
• Erosion: Mesh wearing through surrounding tissue
• Infection: Bacterial contamination causing fever, nausea, and severe pain
• Organ perforation: Mesh penetrating organs causing severe complications
• Recurrence: Return of the hernia despite mesh implantation
• Adhesion: Abnormal tissue connections causing pain and bowel obstruction
• Obstruction: Blockage of intestines due to mesh complications
• Chronic pain: Persistent pain requiring ongoing treatment

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent hernia mesh surgery after January 1, 2006
• You experienced serious side effects including infection, chronic pain, mesh erosion, or organ perforation
• The injuries required medical treatment or hospitalization
• You can provide medical documentation linking your injuries to the hernia mesh

The specific hernia mesh product implanted is a crucial factor in determining eligibility. Certain products have been associated with higher rates of complications, including:

• Atrium C-Qur
• OVT Mesh
• Composix Kugel Mesh X-Large Patch Oval
• Covidien Parietex Mesh
• Bard 3D Max Mesh

Evidence Required for a Hernia Mesh Lawsuit

Certain types of evidence are indispensable when presenting a hernia mesh lawsuit:

• Comprehensive medical records showing the use of the hernia mesh
• Documentation of complications and subsequent treatments or surgeries
• Records from hospitals and healthcare providers involved in your care
• Preserved hernia mesh if revision surgery was performed
• Identification of the manufacturer and specific details about the hernia mesh product

Related Article: Organ Tissue Perforation Related to Hernia Mesh

Damages You Can Recover

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

• Economic damages, such as medical expenses and lost income
• Non-economic damages, like pain and suffering and emotional distress
• Punitive damages in cases of gross negligence or intentional misconduct

Hernia Mesh Recall Information

Several hernia mesh products have been associated with lawsuits and recalls, including:

• Atrium C-Qur
• OVT Mesh
• Composix Kugel Mesh X-Large Patch Oval
• Covidien Parietex Mesh
• Bard 3D Max Mesh

These products have been linked with serious complications like bowel adhesion, obstruction, organ failures, and allergic reactions. Legal claims assert that these defective hernia mesh products were sold in an ‘unreasonably dangerous’ condition.

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.

This timeline may vary depending on when you discovered the mesh-related complications.

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

Frequently Asked Questions

1. How much are hernia mesh settlements worth?

Settlement amounts in Arizona hernia mesh lawsuits depend on individual circumstances. The average settlement amounts range between $50,000 and $1,000,000 depending on the level of injury. In prior litigation involving C.R. Bard’s Kugel Hernia Mesh product, a global settlement of $184 million was reached, averaging about $70,000 per claim.

2. What is the role of Multidistrict Litigation (MDL) in hernia mesh cases?

MDL centralizes pretrial proceedings for multiple lawsuits to save time and resources. Even though these cases are centralized, individual cases maintain their own identity and are tried separately. By joining an MDL, plaintiffs can benefit from the discovery process and pretrial rulings that apply to all cases within the MDL.

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

You may still be able to file a lawsuit if your surgery was years ago, depending on the statute of limitations in your state and when you discovered the mesh-related complications. Consulting with a lawyer promptly is crucial to ensure your case is filed within the legal timeframe.

4. What are the most common defenses used by manufacturers in hernia mesh lawsuits?

Manufacturers often argue that the patient’s injuries were due to factors other than the mesh, such as pre-existing conditions or improper surgical techniques. They may also claim that the risks were well known and that the benefits of the mesh outweigh the potential risks.

5. What should I do if my doctor refuses to acknowledge my hernia mesh complications?

If your doctor refuses to acknowledge your complications, seek a second opinion from another medical professional. Document your symptoms and treatments, and consult with a lawyer who can help you pursue legal action if necessary.

6. What is hernia mesh and why is it problematic?

Hernia mesh is a surgical device used to reinforce weakened tissue during hernia repair. Some mesh products have design flaws or problematic coatings that can cause severe complications including infection, erosion, and organ perforation.

7. Have there been any successful hernia mesh lawsuits?

Yes, there have been several successful verdicts, including a $3.6 million verdict in 2016 and an $18.5 million verdict in 2018, though these are not average outcomes.

Get A Free Arizona Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. In Arizona, you generally have only 2 years from the date of injury to file a claim. Don’t delay in seeking legal representation as evidence may become more difficult to obtain as time passes.

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.

Our services include:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

References:

1. https://www.drugwatch.com/hernia-mesh/
2. https://www.cooneyconway.com/blog/signs-of-hernia-mesh-complications