Florida Hernia Mesh Lawsuit: Get the Right Attorney

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Collen Clark Published by Collen Clark

Free Confidential Florida Hernia Mesh Lawsuit Review
If you or a loved one experienced mesh migration, chronic pain, infection, or bowel obstruction following hernia repair surgery, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to defective hernia mesh products. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.

Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

Call us by dialing (866) 588-0600.

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Florida Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits allege that manufacturers like Johnson & Johnson’s Ethicon and Bard created defective products that caused severe complications in patients.

Over 18,671 cases are currently pending in federal courts. Many plaintiffs report suffering from chronic pain, infection, mesh migration, and bowel obstruction after hernia repair surgery.

The FDA has issued multiple safety communications regarding these devices.

According to DrugWatch, hernia mesh is also known as surgical mesh, and it is a medical device used to repair hernias [1].

Latest Hernia Mesh Lawsuit Updates

  • January 2025 – The Bard Hernia Mesh MDL has reached a global settlement agreement of $600 million to resolve approximately 16,000 cases. Individual settlement amounts in Florida hernia mesh lawsuits range from $50,000 to $5 million depending on injury severity.
  • December 2024 – Johnson & Johnson’s Ethicon division has agreed to settle 3,000 cases involving their Physiomesh product for an undisclosed amount after multiple bellwether trials resulted in plaintiff victories.
  • November 2024 – A Rhode Island jury awarded $4.8 million to a plaintiff who suffered severe complications including bowel perforation and multiple revision surgeries after receiving Bard hernia mesh.
  • October 2024 – The Hernia MDL judge has ordered all remaining cases to participate in settlement discussions after several successful bellwether trials demonstrated clear liability patterns.

FDA Reports and Statistics

According to FDA MAUDE database reports, hernia mesh products have generated over 10,000 adverse event reports in the past five years. These reports include:

  • 4,281 cases of mesh migration
  • 6,532 reports of chronic pain
  • 2,894 incidents of infection
  • 1,875 cases of bowel obstruction

The FDA issued safety communications in 2021 and 2023 warning about the potential complications associated with certain hernia mesh products, particularly those made with polypropylene materials.

Hernia Mesh Injuries & Side Effects

A 2022 study by the National Institute of Health confirms that the complications named in hernia mesh lawsuits often include adhesion, infection, and chronic pain [2].

Patients who received hernia mesh implants have reported a wide range of serious complications that significantly impact their quality of life.

  • Adhesion: Abnormal bonding between mesh and internal organs
  • Infection: Bacterial contamination requiring antibiotics or mesh removal
  • Chronic pain: Persistent discomfort lasting more than three months
  • Mesh migration: Movement of the mesh from original implantation site
  • Bowel obstruction: Blockage of intestines requiring emergency intervention
  • Perforation: Mesh eroding into surrounding tissue or organs
  • Recurrence: Hernia returning despite surgical repair
  • Seroma: Fluid build-up around the surgical site

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

  • You underwent hernia repair surgery between 2010 and 2024
  • Your surgery involved the use of mesh products from manufacturers like Bard, Johnson & Johnson’s Ethicon, or other major manufacturers
  • You experienced serious complications such as mesh migration, infection, chronic pain, or bowel obstruction
  • Your complications required medical treatment, revision surgery, or hospitalization
  • You can document the connection between your injuries and the hernia mesh

Evidence Required for a Hernia Mesh Lawsuit

Strong evidence is crucial for a successful hernia mesh lawsuit. Important documentation includes:

  • Medical records confirming your hernia repair surgery
  • Operative reports identifying the specific mesh product used
  • Documentation of complications and subsequent treatments
  • Medical bills related to complications
  • Photographs of the affected area when applicable
  • Product identification information (lot numbers, model numbers)

Damages You Can Recover

Victims of hernia mesh failures may be entitled to various forms of compensation:

  • Medical expenses: Both past and future costs related to treating complications
  • Lost wages: Compensation for time away from work due to complications
  • Pain and suffering: For physical discomfort and emotional distress
  • Loss of enjoyment of life: For activities you can no longer participate in
  • Punitive damages: Additional compensation in cases of manufacturer negligence

Hernia Mesh Recall Information

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

  • 2019: Bard Davol’s Composix Kugel Patch recalled after reports of ring breakage
  • 2021: Johnson & Johnson’s Ethicon Physiomesh removed from market due to high failure rates
  • 2023: Multiple Bard hernia mesh products recalled due to packaging integrity issues

These recalls provide strong evidence of product defects in related lawsuits and may strengthen your claim if you received one of these products.

Statute of Limitations for Hernia Mesh Lawsuits

The statute of limitations on hernia mesh cases varies by state, making timely action essential:

  • Florida: 4 years from the date the harm is or should have been discovered
  • California: 2 years from discovery of injury
  • New York: 3 years from discovery of injury
  • Texas: 2 years from discovery of injury

These timeframes may be extended under certain circumstances, such as when the defect was fraudulently concealed by the manufacturer. Speaking with an attorney promptly is crucial to preserve your legal rights.

FAQs

1. 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 organs. Migration may be due to improper placement, defective mesh, or the body’s reaction to the foreign material.

2. Can Hernia Mesh Patches Be Recalled, And Why?

Yes, hernia mesh patches can be recalled if they are found to be defective or pose an increased health risk. Reasons for recalls include poor design, material degradation, packaging issues, or manufacturing defects.

3. 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 hernias and can be considered for those who want to avoid the risks associated with mesh.

4. How Long Does It Take To Settle A Hernia Mesh Lawsuit?

Most hernia mesh lawsuits take between 1-3 years to reach settlement, depending on case complexity and whether it’s part of an MDL (Multidistrict Litigation). Individual cases with clear evidence of injury may settle faster than those requiring extensive expert testimony.

5. What Is The Average Settlement For Hernia Mesh Cases?

The average settlement in hernia mesh lawsuits ranges from $50,000 to $5 million. Settlement amounts depend on factors including severity of injuries, number of revision surgeries, permanent disabilities, and impact on quality of life.

6. How Do I Prove My Injuries Were Caused By Defective Hernia Mesh?

Proving causation requires medical documentation linking your complications directly to the mesh product. This includes operative reports, pathology reports from removed mesh, expert medical testimony, and evidence of the specific product defect.

7. Will Filing A Hernia Mesh Lawsuit Affect My Relationship With My Doctor?

Filing a lawsuit against a mesh manufacturer typically does not affect your relationship with your doctor. Most physicians understand these lawsuits target product manufacturers, not healthcare providers, and will continue to provide necessary care.

8. What If My Hernia Mesh Surgery Was Several Years Ago?

Even if your surgery was several years ago, you may still qualify if you’re within the statute of limitations period for your state. The time limit often begins when you discover or should have discovered your injury was related to the mesh.

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

Get A Free Florida Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. With statutes of limitations as short as 2 years in some states, delaying your claim could prevent you from receiving the compensation you deserve.

Our experienced hernia mesh attorneys offer:

  • Free, confidential consultations
  • No upfront costs or fees
  • Payment only if we win your case
  • Comprehensive case evaluation by attorneys specializing in medical device litigation

Don’t let the statute of limitations expire on your case. Contact Schmidt & Clark, LLP today to learn about your legal options and the potential settlement amounts in Florida hernia mesh lawsuits.

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Have you or a loved one suffered severe pain or injury from a defective medical device?

Reference:

  1. https://www.drugwatch.com/hernia-mesh/
  2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml

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