Florida Hernia Mesh Lawsuit: Get the Right Attorney

Quick Summary

• Understand the aspects related to compensation, such as what types of damages you might be eligible for, the factors that affect compensation amounts, and how past settlements have shaped the expectations for new cases.
• Keep updated with the latest developments and trends in hernia mesh litigation, including significant case studies, recent court rulings, and updates on ongoing class-action lawsuits.
• Access practical advice on how to proceed if you believe you have a case, including steps to document your medical issues, choosing the right attorney, and preparing for the legal process.

Hernia Mesh Lawsuits

Hernia mesh lawsuits are on the rise in Florida. Individuals are seeking compensation for injuries allegedly caused by defective hernia mesh products. As of January 2024, a staggering 20,973 cases were pending in the C.R. Bard MDL alone, with around 700 new cases added over the last 3 months.

But it’s not just C.R. Bard. Other manufacturers, including Covidien, are also under legal fire. Ninety cases were pending in one Covidien MDL and an additional 5,700 in Massachusetts state courts.

Legal challenges against mesh manufacturers continue to climb. The start of 2024 witnessed yet another hernia mesh lawsuit being filed. Two hundred new Bard Hernia Mesh lawsuits were also filed in August 2023, indicating that the previous year was equally active.

The Covidien hernia mesh MDL, albeit smaller with 90 pending cases, has shown progress with its first status conference and trial dates set for early 2025. These lawsuits are not limited to a handful of manufacturers. The volume of cases pending in federal courts includes 170 for Covidien hernia mesh, underscoring the widespread nature of these lawsuits.

The Role of Multidistrict Litigation (MDL) in Alaska Cases

MDL serves as an essential mechanism within the judicial system, particularly when addressing a multitude of similar legal claims. By combining these cases, MDL streamlines the legal proceedings and promotes a more reasonable settlement of disputes.

Yet, its role isn’t restricted to efficiency alone. Hernia MDL plays a critical part in shaping the legal landscape of hernia mesh cases, influencing the direction of ongoing litigations and, potentially, their outcomes.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is also known as surgical mesh, and it is a medical device used to repair hernias [1]. It’s like a helping hand, providing extra support to weakened or damaged tissue. However, similar to any helping hand, its effectiveness is only as good as its quality.

Defective hernia mesh products, including defective hernia mesh devices, can lead to complications that turn a routine hernia repair surgery into a nightmare. Some common complications associated with defective hernia mesh include:

• Infection
• Mesh migration
• Mesh erosion
• Chronic pain
• Adhesion
• Bowel obstruction

If you have experienced any of these complications after you underwent hernia repair surgery, it is important to consult with a medical professional and consider your legal options.

Complications like infection, pain, and hernia recurrence often result from hernia surgeries requiring another surgery, referred to as revision surgery.

Latest Hernia Mesh Lawsuit Updates

The legal battleground of hernia mesh lawsuits has seen some significant developments recently. A Rhode Island bellwether trial involving C.R. Bard’s hernia mesh products concluded with a whopping $4.8 million verdict for the plaintiff.

In another development, Johnson & Johnson’s Ethicon division has settled its Physiomesh hernia mesh lawsuits, setting a precedent for similar disputes.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because they allege that the design of the product is defective, leading to severe injuries that necessitate revision surgery. They claim that the mesh was defectively designed, leading to severe injuries that necessitate revision surgery.

Along with improper design, lawsuits also include claims of improper labeling and failure of manufacturers to warn both patients and healthcare providers about the risks of hernia mesh failure and related complications.

When it comes to hernia mesh lawsuits, some products stand out more than others. Three new class action MDLs were created to handle the lawsuits involving ProLite, Strattice, and ProLoop hernia mesh products. These products have been named in lawsuits due to their alleged defects leading to severe complications in patients.

Complications Named in the Lawsuits

According to a 2022 study by the National Institute of Health, the complications named in hernia mesh lawsuits, often associated with hernia mesh implants, include [2]:

• Adhesion
• Infection
• Rejection
• Bowel obstruction
• Mesh migration
• Shrinkage
• Bowel perforation
• Bleeding
• Chronic pain

Ethicon voluntarily recalled certain models of the Physiomesh in 2016 after studies revealed high hernia recurrence rates in patients with that particular hernia mesh implanted – MassDevice, Medical Device Business Journal

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have experienced complications such as pain or infection following hernia mesh surgery qualify to file a hernia mesh lawsuit. This includes those who have undergone surgeries where hernia mesh was used and have since suffered from adverse effects that could be directly linked to the mesh.

The range of complications that may warrant legal action extends beyond pain and infection to include other serious conditions such as mesh migration, erosion, or organ perforation. If these complications have led to additional medical treatments and surgeries or have had a significant impact on the individual’s quality of life, they may have grounds for a claim.

It is essential for anyone who suspects they have been affected by a hernia mesh complication to consult with a qualified legal professional to understand their rights and the potential for compensation.

Hernia Mesh Lawsuit Settlement Amounts in Florida

The settlement amounts in Florida hernia mesh lawsuits vary widely. Depending on the individual circumstances of each case, jury awards can range from $500,000 to $5 million.

These figures reflect the severity of the injuries sustained, the level of negligence attributed to the mesh manufacturers, and the impact on the plaintiff’s quality of life.

Some factors that contribute to the final settlement amount include:

• the cost of medical bills, both past and future
• the amount of income lost due to the inability to work
• the extent of the pain and suffering endured by the plaintiff
• other punitive damages that are sometimes awarded to deter the defendants from engaging in similar conduct in the future

Each case is unique, and therefore, the compensation awarded can significantly differ from one lawsuit to another.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Florida

If you’ve suffered due to a hernia mesh implant, you might be wondering what kind of compensation you could potentially receive. Victims of hernia mesh lawsuits can pursue compensation for various damages, including:

• Medical expenses
• Lost income
• Pain and suffering
• Loss of enjoyment of life

Filing a Florida Hernia Mesh Lawsuit

While filing a hernia mesh lawsuit in Florida might appear daunting, gaining a better understanding of the process can mitigate the intimidation factor. If you’re part of the increasing number of individuals who have suffered complications due to hernia mesh, you might be considering legal action.

Types of Evidence To Present

In building your case for a hernia mesh lawsuit, the importance of evidence cannot be overstated. The types of evidence you can present in a hernia mesh lawsuit include photographic evidence of the implant and any subsequent surgeries and detailed medical records that document your injuries, surgeries, and treatments.

Florida Statute of Limitations

In filing a hernia mesh lawsuit in Florida, timeliness is critical. The state’s statute of limitations on hernia mesh cases gives you 4 years from the date the harm is or should have been discovered to file a lawsuit.

FAQs

How does mesh migration occur in hernia repair?

Mesh migration happens when the hernia mesh moves from its original position. This can cause pain, obstruction, and damage to surrounding tissues or organs. Migration may be due to improper placement, defective mesh, or the body’s reaction to the foreign material.

Can hernia mesh patches be recalled, and why?

Yes, hernia mesh patches can be recalled if they are found to be defective or pose a significant health risk. Reasons for recalls include high failure rates, reports of severe complications, or discovery of manufacturing defects.

What are the alternatives to hernia mesh for surgery?

Alternatives to hernia mesh include non-mesh surgical techniques such as the Shouldice, Bassini, and Desarda repairs. These methods use the patient’s own tissue to repair the hernia and can be considered for those who want to avoid the risks associated with mesh.

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

Get Your Free Consultation From Florida 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 surgery 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://misuse.ncbi.nlm.nih.gov/error/abuse.shtml