Colorado Hernia Mesh Lawsuit: Get the Right Attorney

Quick Summary

• If you’re dealing with the fallout of a faulty hernia mesh in Colorado, understanding your rights and options is paramount in a Colorado hernia mesh lawsuit. This article offers you a straightforward look into Colorado hernia mesh lawsuits and what they could mean for your claim.
• Attending informational sessions or consulting legal resources dedicated to Colorado hernia mesh lawsuits can equip you with the knowledge to understand the intricacies of your case and the potential for a successful outcome.
• Documenting your medical journey, including surgeries, treatments, and consultations, is crucial in building a robust case in a Colorado hernia mesh lawsuit, as detailed records can significantly bolster your claim for damages.

Hernia Mesh Lawsuits

Over the years, the situation with hernia mesh lawsuits in Colorado has been changing rapidly. The focus of these lawsuits is primarily the complications arising from defective hernia mesh, a medical device utilized in hernia repair surgeries.

These complications include:

• Severe pain
• Infection
• Hernia recurrence
• Requiring additional surgeries

Recent legal outcomes have significantly shaped the landscape of hernia mesh lawsuits. For instance, the Stinson v. Davol Inc. trial resulted in a $500,000 verdict. Upcoming bellwether trials are predicted to impact the future of hernia mesh lawsuits further.

This evolving arena of litigation has witnessed a surge in hernia mesh disputes, with legal counsel and hernia mesh producers persistently at odds over the terms of settlement negotiations. 

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 [1]. Made of synthetic materials or animal tissue, this flexible composite mesh acts as a reinforcement to the weak area, preventing hernia recurrence.

In some cases, defective hernia mesh caused these complications, leading to additional surgeries and prolonged suffering for patients.

The increasing number of hernia mesh complications, which hernia mesh correlates with, have sparked a wave of hernia mesh lawsuits related to recalled hernia mesh implants, leading to a growing number of hernia mesh settlement cases.

According to the FDA notice from 2023, there are various types of hernias, and many of them can be repaired using surgical mesh. The common types of hernias addressed by mesh implants include [2]:

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

Less common types, such as femoral hernias, are also sometimes repaired using surgical mesh, especially in recurrent or complex cases. In certain instances, hiatal hernias, which occur when the stomach pushes through the diaphragm into the chest cavity, are also treated with mesh during hernia repair surgery.

With advancements in medical technology, laparoscopic hernia repairs and other hernia surgeries have become more efficient and effective in addressing these issues, including the ability to repair hernias with greater precision.

Latest Hernia Mesh Lawsuit Updates

The world of hernia mesh lawsuits is dynamic, with new developments, settlements, and trials happening frequently. These updates significantly influence the future of hernia mesh lawsuits.

Important judicial decisions affecting case progression also play a significant role. As an example, Judge Edmund A. Sargus, Jr. ruled against Bard’s request for a ‘Lone Pine’ order, a strategy to reduce the number of lawsuits before settlement negotiations.

This ongoing push and pull between manufacturers and attorneys further underscores the complexity of hernia mesh lawsuits.

The Role of Multidistrict Litigation (MDL) in Colorado Cases

Multidistrict litigation (MDL) has become a pivotal aspect of handling hernia mesh lawsuits in Colorado, as well as across the United States. MDLs are designed to streamline the complex process of handling numerous lawsuits that share common factual issues. In the case of hernia mesh, many plaintiffs allege similar injuries and complications from similar products, making MDL an efficient mechanism for processing these claims.

By consolidating cases under a single jurisdiction, pretrial proceedings can be centralized, which helps to reduce the burden on the court system, avoid conflicting rulings, and facilitate a more efficient discovery process. In the context of hernia mesh litigation, an MDL allows for a unified approach in handling hundreds or even thousands of cases that might otherwise clog the dockets of courts across the country.

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, which may result in higher compensation payouts. It also ensures that individual cases can benefit from the evidence and testimonies gathered during the MDL process.

As MDLs continue to play a crucial role in the resolution of hernia mesh lawsuits, they represent a powerful tool for plaintiffs seeking justice against large medical device manufacturers.

Why Are People Filing Hernia Mesh Lawsuits?

Individuals are seeking legal remedies because of the injuries and complications that arise from hernia repair surgeries that involve mesh products. The lawsuits allege that manufacturers defectively designed, inadequately tested, or failed to warn users of potential risks associated with hernia mesh properly.

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.

Additionally, some plaintiffs have accused manufacturers of selling hernia mesh products despite being aware of the risks and failing to provide adequate warnings. The lawsuits include claims of defective design, manufacturing defects, failure to warn, negligence, and gross negligence.

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

Complications Named in the Lawsuits

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. These complications include [3]:

• Infection
• Pain
• Bowel obstruction
• Hernia recurrence
• The need for additional surgical interventions

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

In some severe cases, complications like bowel obstructions or perforations, fistula and abscess formation, chronic infections, and the rejection or migration of the hernia mesh can be life-threatening and often require additional surgical intervention.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have experienced significant pain, infection, or other injuries after hernia mesh repair surgery qualify to file a hernia mesh lawsuit.

Eligibility for filing can depend on various factors, including:

• the specific details of the case, like 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

Defective hernia mesh devices have been known to cause various complications, such as:

• adherence
• fluid buildup
• sepsis
• bowel perforation
• hernia recurrence
• intestinal blockage
• bleeding
• fistula formation
• infections
• mesh rejection
• organ puncture

Patients who experienced injuries or illnesses due to defective hernia mesh devices, such as those that caused fluid buildup, increased risk of infections, mesh shrinkage, migration, or organ perforation due to unsealed edges, might qualify for compensation.

Hernia Mesh Lawsuit Settlement Amounts in Colorado

Settlement amounts in hernia mesh lawsuits in Colorado can vary significantly. In December 2023, a significant settlement was reached with Johnson & Johnson and Ethicon involving 161 hernia mesh cases. Past hernia mesh litigation involving C.R. Bard’s Kugel mesh resulted in individual settlements ranging from $50,000 to $1,000,000, influencing expectations for Colorado cases.

Recent cases have resulted in substantial awards, including a $4.8 million verdict against Bard’s Ventralex mesh and a confidential settlement agreement reached by Ethicon in September 2021. The fourth bellwether trial in Colorado’s Bard hernia mesh litigation, set for April 2024 concerning the 3DMax mesh failures, may impact future settlements and verdicts.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Colorado

In Colorado, those affected by hernia mesh can anticipate compensation for different kinds of damages. These encompass both economic losses like lost wages and medical bills as well as non-economic losses, including pain and suffering.

Long-term complications from faulty hernia mesh, such as hernia recurrence and chronic pain, can contribute significantly to the types and amounts of compensation awarded to plaintiffs.

Settlement amounts in hernia mesh cases can differ substantially due to the particular details of each case, which dictates the severity of the plaintiff’s injuries and subsequent losses. A tiered system may be used to systematically assess the level of injury among plaintiffs in hernia mesh lawsuits, thereby influencing the distribution of settlement funds.

Filing a Colorado Hernia Mesh Lawsuit

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.

It is important to understand that you do not need to know the manufacturer of the hernia mesh to initiate a claim. Your attorney will guide you through the process of gathering the necessary information and documentation to build a strong case.

Types of Evidence To Present

Evidence required in a hernia mesh lawsuit can encompass medical records, expert testimony, and documentation demonstrating the complications and their effect on the plaintiff’s life.

These pieces of evidence are crucial to supporting your case and demonstrating the link between the hernia mesh implant and the resulting complications.

Colorado Statute of Limitation

Keep in mind that 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.

Related Articles:

• Arkansas Hernia Mesh Lawsuit
• California Hernia Mesh Lawsuit Attorney
• Arizona Hernia Mesh Lawsuit

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

Get Your Free Consultation From Colorado 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.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair
3. https://www.sciencedirect.com/science/article/pii/S2666138120300025