Georgia Hernia Mesh Patch Lawsuit | 2025 Latest Updates

Hernia Mesh Lawsuit Overview

Many patients in Georgia have faced serious, unexpected health problems after undergoing surgeries to fix hernias using mesh implants.

These lawsuits primarily allege that manufacturers produced defective hernia mesh products that caused severe complications.

Thousands of patients have reported incidents of chronic pain, infections, and organ damage related to these devices.

Several hernia mesh products have been subject to FDA recalls and safety communications due to high complication rates.

These manufacturers have been frequently associated with legal action due to their hernia mesh products, including:

• Atrium’s ProLite
• Atrium’s Strattice
• Atrium’s ProLoop
• Ethicon’s Physiomesh
• Bard’s Ventralex ST
• Various Covidien mesh products

These manufacturers, including those involved in the atrium hernia mesh MDL and bard hernia mesh lawsuits, are often defendants in various multi-district litigations (MDLs), being held responsible under product liability laws for alleged defects in their hernia mesh products.

Latest Hernia Mesh Lawsuit Updates

• December 2023: Ethicon and Johnson & Johnson settled 224 hernia mesh cases in a Georgia multidistrict litigation, signaling a major step toward resolving these cases.
• March 2024: The presiding judge scheduled additional mediation for the settlement of ongoing hernia mesh cases, indicating progress toward potential resolutions.
• April 2024: The upcoming bellwether trial (Bryan trial) was canceled, suggesting a shift toward settlement rather than continued litigation.
• November 2023: 400 new cases were added to the Bard hernia mesh MDL, bringing the total to over 21,169 pending cases nationwide.

The scale of ongoing litigation remains substantial, with C.R. Bard facing 21,169 pending cases, Atrium dealing with 2,770 lawsuits, and Covidien confronting nearly 900 suits.

FDA Reports and Statistics

According to FDA data, hernia mesh products have been associated with thousands of adverse event reports in the MAUDE database over the past five years.

Complications reported to the FDA include:

• Over 10,000 reports of adverse events related to hernia mesh products.
• Approximately 30% of these reports involving severe pain requiring medical intervention.
• Nearly 25% of cases requiring revision surgery to remove or replace the mesh.
• Multiple regulatory actions including recalls of specific products.

The FDA has issued several safety communications regarding hernia mesh products, highlighting the risk of complications and the need for increased monitoring of patients with these implants.

Hernia Mesh Injuries & Side Effects

Hernia mesh implants have been linked to numerous serious complications that can develop shortly after surgery or years later.

• Chronic Pain: Persistent pain at the implant site that can be debilitating and impact quality of life.
• Infection: Bacterial contamination that may require antibiotics or surgical intervention.
• Mesh Migration: Movement of the mesh from its original placement to other areas of the body.
• Mesh Erosion: Deterioration of the mesh material over time.
• Adhesion: Abnormal bonding between the mesh and surrounding tissues or organs.
• Bowel Obstruction: Blockage of the intestines due to mesh adhesion or migration.
• Organ Perforation: Puncturing of organs by migrating mesh.
• Hernia Recurrence: Failure of the mesh to prevent hernia recurrence.

According to the National Library of Medicine, studies have shown that surgical mesh can reduce the rate of hernia recurrence.

However, some hernia mesh also has a high failure rate and can cause severe or even life-threatening complications.

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You received a hernia mesh implant during surgery.
• You experienced serious complications such as chronic pain, infection, mesh migration, adhesion, or bowel obstruction.
• Your complications required medical treatment or additional surgery.
•  You can provide medical documentation linking your injuries to the hernia mesh.
•  Your case falls within Georgia’s statute of limitations (typically two years from discovery of injury).

Evidence Required for a Hernia Mesh Lawsuit

When filing a hernia mesh lawsuit, presenting solid evidence is vital to support your case. This should include:

• Medical records documenting your hernia mesh surgery.
• Records of complications and subsequent treatments.
• Expert testimony explaining how the hernia mesh caused your complications.
• Documentation showing the impact of complications on your life and well being.
• Proof of the specific hernia mesh product used in your surgery.

Damages You Can Recover

In Georgia, hernia mesh lawsuit victims may be able to recover damages for:

• Medical expenses (including costs of revision surgeries)
•  Lost wages and diminished earning capacity
•  Pain and suffering
• Decreased quality of life
• Punitive damages in cases of gross negligence
• Loss of consortium (compensation for spouse)

The amount of compensation generally reflects the severity of complications, number of revision surgeries required, and extent of long-term impact.

Hernia Mesh Lawsuit Settlement Amounts in Georgia

A clearer picture of what plaintiffs may expect can be gleaned from understanding potential settlement amounts in hernia mesh lawsuits.

Settlements range from $250,000 to $4.8 million, reflecting the highly individualized nature of each case. For instance, Atrium agreed to a confidential settlement in July 2021, reportedly around $66 million.

In June 2011, Bard Davol settled 2,600 Kugel hernia patch lawsuits for a total of $184 million. More recently, Ethicon, part of Johnson & Johnson, settled 224 lawsuits in a Georgia multidistrict litigation.

Hernia Mesh Recall Information

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

Notable recalls include:

• Ethicon’s Physiomesh Flexible Composite Mesh (market withdrawal in 2016)
• Certain Bard Davol mesh products including specific lots of the Composix Kugel Mesh
• Atrium’s C-QUR mesh (subject to FDA warning letters)

These recalls have strengthened many plaintiffs’ claims that these products were defectively designed or manufactured.

The Role of Multidistrict Litigation (MDL) in Alaska Cases

Hernia mesh lawsuits heavily involve Multidistrict Litigation (MDL). This legal procedure aims to expedite the process and prevent contradictory rulings by consolidating similar lawsuits.

Given the thousands of ongoing lawsuits, hernia MDL is an indispensable tool in the legal landscape of hernia mesh cases.

Developments indicate a movement towards resolution. For instance, Johnson & Johnson and its subsidiary Ethicon settled most of their lawsuits as part of a Georgia multidistrict litigation in December 2023.

The presiding judge scheduled additional mediation for the settlement of ongoing hernia mesh cases for March 2024.

The cancellation of the upcoming bellwether trial scheduled for April 2024 signals a shift toward a settlement, potentially altering future trial plans.

This development, coupled with the addition of 400 new cases to the Bard hernia mesh MDL in November 2023, highlights the evolving nature of these lawsuits.

Statute of Limitations for Hernia Mesh Lawsuits

Georgia’s statute of limitations for hernia mesh lawsuits stipulates two years from the date of injury or its discovery [3].

Additionally, there’s a 10-year statute of repose, meaning no lawsuit can typically be filed more than 10 years after the defective hernia mesh product was implanted, regardless of when injuries were discovered.

It’s crucial to consult with an attorney promptly after experiencing complications to ensure your case is filed within these timeframes.

FAQs

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

Get a Free Georgia Hernia Mesh Patch Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. Under Georgia law, you generally have only two years from the date you discovered your injury to file a claim, and no more than 10 years from the date of implantation.

At Schmidt & Clark, LLP we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees for our services
• Payment only if we win your case
• Compassionate representation from attorneys experienced in hernia mesh litigation

Don’t wait until it’s too late to pursue the compensation you deserve for your hernia mesh injuries.

References:

1. https://www.drugwatch.com/hernia-mesh/
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025
3. http://ga.elaws.us/law/section9-3-33