Colorado Hernia Mesh Lawsuit: Get the Right Attorney

Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits focus primarily on the complications arising from defective hernia mesh, a medical device utilized in hernia repair surgeries.

These lawsuits allege that manufacturers defectively designed, inadequately tested, or failed to warn users of potential risks associated with hernia mesh products.

Numerous hernia mesh products, such as Bard’s Composix® Kugel Hernia Patch and Covidien’s polyester hernia mesh products, have been cited in these lawsuits due to their supposed defects.

Latest Hernia Mesh Lawsuit Updates

• December 2023 – A significant settlement was reached with Johnson & Johnson and Ethicon involving 161 hernia mesh cases, setting precedent for future settlements.
• April 2024 – The fourth bellwether trial in Colorado’s Bard hernia mesh litigation is scheduled concerning the 3DMax mesh failures, which may impact future settlements and verdicts.
• September 2021 – Ethicon reached a confidential settlement agreement in hernia mesh litigation, demonstrating manufacturers’ willingness to resolve claims.
• 2020 – A substantial verdict of $4.8 million was awarded against Bard’s Ventralex mesh, highlighting the potential value of individual cases.

FDA Reports and Statistics

According to the FDA notice from 2023, there are various types of hernias that can be repaired using surgical mesh [1].

The FDA has received many reports of risks and complications associated with hernia mesh, including pain and infection.

Many reports have been received of risks and complications associated with hernia mesh, including pain and infection – U.S Food and Drug Administration

The common types of hernias addressed by mesh implants include:

• Inguinal hernias
• Ventral hernias
• Umbilical hernias
• Incisional hernias

Hernia Mesh Injuries & Side Effects

According to Science Direct 2020 research, a range of adverse medical conditions have been associated with defective hernia mesh products, causing substantial suffering for patients [2].

• Infection: Chronic infections requiring antibiotics or additional surgery
• Pain: Severe and chronic pain at the surgical site
• Bowel Obstruction: Blockage of the small or large intestine due to mesh adhesion or migration
• Hernia Recurrence: Failure of the repair requiring additional surgery
• Mesh Migration: Movement of the mesh from original placement site
• Organ Perforation: Damage to surrounding organs from mesh erosion
• Adhesions: Abnormal scar tissue formation binding tissues together
• Fistula Formation: Abnormal connections between organs or vessels

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent hernia repair surgery with mesh implantation
• You experienced serious complications including infection, pain, bowel obstruction, or required revision surgery
• Your injuries required medical treatment or hospitalization
• You can provide medical documentation linking your injuries to the hernia mesh

Eligibility for filing depends on various factors, including:

• The hospital where the surgery took place
• The name of the doctor
• The type of medical condition suffered
• The date of the surgery
• The date when complications were first noticed
• The manufacturer and brand of the hernia mesh device used

Evidence Required for a Hernia Mesh Lawsuit

Evidence required in a hernia mesh lawsuit can encompass:

• Medical records documenting the hernia repair surgery
• Documentation of complications and subsequent treatments
• Expert testimony linking complications to the mesh device
• Evidence demonstrating the impact on your quality of life and financial situation

Damages You Can Recover

In Colorado, those affected by hernia mesh can anticipate compensation for different kinds of damages:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Punitive damages (in cases of gross negligence)

Hernia Mesh Recall Information

Several hernia mesh products have been recalled due to safety concerns.

Patients who received recalled mesh products may have stronger legal claims.

Specific recall information should be discussed with your attorney, who can determine if your particular device was subject to a recall or safety communication.

Statute of Limitations for Hernia Mesh Lawsuits

In Colorado, the statute of limitations for initiating a hernia mesh lawsuit is two years from the date of injury or the date the injury was discovered.

This means that if you plan to file a lawsuit, it must be within two years from the date you first noticed the complications.

Frequently Asked Questions

1. What is hernia mesh?

According to DrugWatch, hernia mesh is a medical device designed to offer extra support to weakened or damaged connective tissue during hernia repair surgeries [3]. Made of synthetic materials or animal tissue, this flexible composite mesh acts as a reinforcement to the weak area, preventing hernia recurrence.

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

Multidistrict litigation (MDL) has become a pivotal aspect of handling hernia mesh lawsuits in Colorado. MDLs consolidate cases under a single jurisdiction, allowing for centralized pretrial proceedings. For plaintiffs in Colorado, being part of a hernia mesh MDL can mean more resources dedicated to their case and the opportunity to be part of larger settlement negotiations.

3. What hernia mesh settlement amounts can I expect in Colorado?

Settlement amounts in hernia mesh lawsuits can vary significantly. Past hernia mesh litigation involving C.R. Bard’s Kugel mesh resulted in individual settlements ranging from $50,000 to $1,000,000. Recent cases have resulted in substantial awards, including a $4.8 million verdict against Bard’s Ventralex mesh.

4. How do I start a hernia mesh lawsuit in Colorado?

If you’re contemplating filing a hernia mesh lawsuit in Colorado, the first step is to seek legal counsel from a qualified attorney experienced in medical device litigation. You do not need to know the manufacturer of the hernia mesh to initiate a claim.

5. What symptoms indicate hernia mesh complications?

Patients experiencing hernia mesh failure report symptoms like high fever, severe pain at the surgical site, swelling, redness, abdominal stiffness, and gastrointestinal issues, including difficulty with urination or bowel movements.

6. 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.

7. How has hernia mesh litigation affected the medical community?

Hernia mesh litigation has led to increased scrutiny of medical devices, prompting more rigorous testing and approval processes. It has also raised awareness among patients and healthcare providers about the potential risks associated with hernia mesh patches.

8. Can I join a class-action lawsuit for hernia mesh complications?

Yes, you may be able to join a class-action lawsuit if your case shares common issues with other plaintiffs. Class-action lawsuits can streamline the legal process and share resources, but you should discuss with an attorney whether this is the best option for your situation.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for hernia mesh complications. With only two years from the date of injury or discovery to file a claim in Colorado, it’s crucial to act promptly.

Our services include:

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

Schmidt & Clark, LLP is here to support you during tough times.

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.

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References:

1. https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025
3. https://www.drugwatch.com/hernia-mesh/