Arkansas Hernia Mesh Lawsuit: Get the Right Attorney

Quick Summary

• Understanding the criteria for eligibility and the evidence required to support your claim is crucial for anyone looking to navigate the Arkansas hernia mesh lawsuit landscape effectively.
• Consulting with a knowledgeable attorney who has a track record of dealing with medical device lawsuits in Arkansas can provide you with the guidance necessary to make informed decisions about pursuing legal action.
• If you’re experiencing issues following hernia mesh surgery in Arkansas, the Arkansas hernia mesh lawsuit could offer a route to compensation. This piece aims to simplify the latest legal updates, outline the process to file a claim and discuss the potential for financial redress, aiding in the comprehension of your legal rights as the situation progresses.

Hernia Mesh Lawsuits

Hernia mesh lawsuits are on the rise, with over 8,700 cases filed nationwide as of July 2020. These lawsuits are primarily driven by complications from defective hernia mesh products, with patients experiencing severe discomfort and health issues.

Typically, hernia mesh lawsuits focus on allegations that the hernia mesh implants used in hernia repair surgeries were faulty, causing various complications, including hernia mesh injuries. These complications, often severe, have caused widespread concern and spurred legal action against manufacturers of these medical devices, leading to an increase in hernia mesh claim filings.

The Role of Multidistrict Litigation (MDL) in Alaska Cases

With numerous lawsuits filed across the country, the legal process uses a system called Multidistrict Litigation (MDL) to manage these cases efficiently. This process consolidates similar cases for pretrial proceedings, expediting the legal process and making it more manageable for all parties involved.

Concerning hernia mesh lawsuits, MDL guarantees the following benefits:

• Individual cases don’t get overshadowed by the volume of litigation
• Simplifies the process
• Facilitates productive settlement negotiations
• Safeguards each plaintiff’s case to be considered and judged based on its merits.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is also known as surgical mesh, and it is a medical device used in hernia repair surgeries [1]. It’s designed to provide additional support to weakened or damaged tissue. However, not all hernia mesh products are created equally, and complications have arisen with certain products.

Faulty hernia mesh products have triggered a spectrum of complications, including:

• Chronic pain
• Infection
• Bowel obstruction
• Mesh rejection

These complications have not only caused severe pain or physical and emotional distress but also financial burdens due to additional medical bills and lost work time.

Latest Hernia Mesh Lawsuit Updates

The legal landscape of hernia mesh lawsuits is continually evolving. In November 2023, a $500,000 verdict was awarded in the Stinson case, showcasing the seriousness of these lawsuits. This verdict was upheld in January 2024, affirming the plaintiff’s win.

More recently, in February 2024, a judge canceled a trial in the Bryan case, suggesting the parties work towards a global settlement. This development, along with the upcoming bellwether trial involving Bard in April 2024, indicates that the tide may be turning in favor of the plaintiffs, pushing for a global settlement.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits due to the complications that arise from faulty hernia mesh products. These complications range from chronic pain to severe infection and organ damage. The lawsuits are not just about seeking financial compensation for medical costs. They’re also about holding manufacturers accountable for the distress and long-term health issues these defective products have caused.

Sadly, these complications can lead to lasting health consequences, including hernia recurrence and increased economic burdens due to medical bills and lost work time. Therefore, it’s crucial to understand who the key manufacturers are involved in these lawsuits.

Several manufacturers have come under scrutiny in Arkansas hernia mesh lawsuits. These include Atrium Medical, maker of C-Qur mesh; Bard, now part of Beckton Dickinson; and Ethicon, a subsidiary of Johnson & Johnson, maker of Physiomesh.

Other hernia mesh manufacturers like W.L. Gore & Associates, Covidien (a subsidiary of Medtronic), and Genzyme have also been linked to hernia mesh complications and subsequent lawsuits. Specific products implicated in lawsuits include Atrium’s C-Qur Mesh, Bard’s Ventralex ST Hernia Patch, and Ethicon’s Physiomesh, among others.

Complications Named in the Lawsuits

According to a 2020 study by ScienceDirect, the complications named in hernia mesh lawsuits are numerous and severe. They include [2]:

• Chronic pain
• Infection
• Bowel obstruction
• Mesh rejection
• Adhesion, where the mesh implant sticks to other organs and tissue

These complications are frequently named in these lawsuits.

Occasionally, complications like intestinal blockage or organ perforation can transpire if the mesh adheres to the intestines or migrates within the body. These complications can lead to long-term health consequences, including hernia recurrence and increased economic burdens due to medical bills and lost work time.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who had hernia repair surgery with mesh on or after January 1, 2006, qualify to file a hernia mesh lawsuit. If you’ve experienced complications such as:

• adhesions
• hernia recurrence
• intestinal blockage
• mesh migration
• organ perforation
• infection occurring more than 30 days post-surgery

Additionally, patients requiring hernia revision surgery or another corrective procedure due to complications with the initial hernia surgery might be eligible to file a lawsuit.

It is crucial to consult with a hernia attorney as soon as you suspect an injury related to hernia mesh to ensure you do not miss the statute of limitations deadline.

Hernia Mesh Lawsuit Settlement Amounts in Arkansas

The settlement amounts in Arkansas hernia mesh lawsuits can vary greatly, with some cases reaching into the hundreds of thousands of dollars depending on the specific circumstances and severity of complications.

While each case is unique, compensation may cover economic damages, such as medical bills for past and future medical care, and non-economic losses, like pain and suffering.

In cases where patients were unable to return to work or lost their lives due to complications, compensation for lost wages and wrongful death damages may also be sought.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Arkansas

Should you decide to move forward with a lawsuit, you might wonder about the potential compensation. The compensation for victims of hernia mesh lawsuits in Arkansas can include:

• Economic damages, such as past and future medical bills
• Non-economic losses like pain and suffering
• Compensation for lost wages for patients who were unable to return to work due to hernia mesh complications

Filing an Arkansas Hernia Mesh Lawsuit

Understanding the process is key when you’re prepared to file a lawsuit. Filing an Arkansas hernia mesh lawsuit involves several steps, including gathering evidence, adhering to the state’s statute of limitations, and, most importantly, consulting with an experienced attorney.

Nearly 200 new hernia mesh lawsuits were filed against Bard during January. This is the largest of the four hernia mesh MDLs currently active – Jayne Conroy, Esquire

Types of Evidence To Present

Presenting strong evidence is imperative when filing a hernia mesh lawsuit. This can include:

• Medical records documenting your hernia mesh surgery and any subsequent complications
• Expert testimony
• Personal records detailing how the complications have impacted your life.

Remember, your attorney can guide you through this process and help ensure you have the most compelling case possible.

Arkansas Statute of Limitation

In Arkansas, the statute of limitations for filing a hernia mesh lawsuit is three years from the date the injury is or should have been discovered. This means that you have a limited window to seek justice and compensation.

Therefore, it’s advised to consult with an attorney as soon as you suspect an injury related to hernia mesh. They can provide advice on the exact statute of limitations affecting your case.

Related Articles:

• Alabama Hernia Mesh Lawsuit
• Alaska Hernia Mesh Lawsuit Attorney
• Arizona Hernia Mesh Lawsuit

FAQs

How can a lawyer help me if my hernia mesh lawsuit goes to trial?

A lawyer can represent you in court, present evidence, cross-examine witnesses, and argue on your behalf to demonstrate that the hernia mesh caused your injuries. They can also negotiate settlements and ensure that your legal rights are protected throughout the trial process.

How do hernia mesh settlements get distributed among plaintiffs in MDL cases?

Settlement distribution in MDL cases depends on the specifics of each plaintiff’s injuries, medical expenses, and other damages. A settlement matrix may be used to determine compensation amounts based on factors like the severity of complications and the impact on the plaintiff’s life.

What should I do if I receive a settlement offer for my hernia mesh case?

If you receive a settlement offer, review it carefully with your attorney. Consider whether the offer adequately compensates you for your medical expenses, lost wages, pain and suffering, and other damages. Your lawyer can help you decide whether to accept the offer or negotiate for a higher amount.

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

Get Your Free Consultation From Arkansas Hernia Mesh Lawyers

The legal team at Schmidt & Clark, LLP stands ready to assist you through challenging times. Should you or someone close to you endure the aftermath of defective mesh health complications, we invite you to connect with us.

Our attorneys are well-versed in these complex cases and will navigate you through every step of the legal journey. We’re here to clarify your legal options and assess your eligibility for filing a hernia mesh lawsuit.

We offer free initial consultations, and our services are provided on a contingency fee basis — meaning you owe us nothing unless we secure a victory for your case. Reach out to us for a detailed evaluation of your hernia mesh-related concerns.

Reference:

1. https://www.drugwatch.com/hernia-mesh/
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025