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Georgia Hernia Mesh Lawsuit Attorney

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Hernia Mesh Lawsuit
If you or someone you know has experienced complications from hernia mesh, Schmidt & Clark, LLP, is here to help. Recognized for our expertise in plaintiff representation, our primary goal is to ensure you receive the justice and compensation you’re entitled to.

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Quick Summary

  • If you’re dealing with complications from a hernia mesh procedure in Georgia, understanding your legal options is crucial. This article provides an in-depth look at the Georgia hernia mesh lawsuit, including guidance on initiating a lawsuit, recent case developments, and the implications for individuals seeking compensation.
  • Discover the initial steps to kickstart a hernia mesh lawsuit in Georgia, including the vital documentation required, the significance of medical evidence, and the deadlines for filing a claim according to state law.
  • Examine recent developments in hernia mesh cases within the state, highlighting precedent-setting verdicts, emerging legal trends, and how these might influence your own legal journey.

Hernia Mesh Lawsuits

Many patients in Georgia have faced new, unexpected health problems after undergoing surgeries to fix hernias using hernia mesh implants. These individuals have suffered serious post-surgical complications, some of which have been life-altering.

Some common complications include:

Hernia mesh complications have a broad range, making each lawsuit unique. One notable hernia mesh lawsuit involved a patient whose hernia mesh crumpled and migrated, resulting in severe, chronic groin pain and hernia mesh injuries.

These severe complications have triggered numerous lawsuits in Georgia, highlighting the necessity for rigorous examination of hernia mesh products and their safety. Manufacturers of hernia mesh implants are being sued for their defective products.

Manufacturing defect claims, negligence, and failure to warn the medical community and the patients about the risks associated with their products. The flurry of legal action can be challenging to navigate, particularly for those grappling with the repercussions of a defective hernia mesh implant.

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.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is a medical device used during hernia repair surgery to provide extra support to weakened or damaged tissue [1].

Despite its intended benefits, some hernia mesh devices have been problematic, leading to significant legal actions against major manufacturers involved in hernia mesh lawsuits, including:

  • Ethicon
  • C.R. Bard
  • Covidien
  • Atrium Medical Corp

Each of these companies operates in the medical field.

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

Given the widespread interest in hernia mesh lawsuits, staying updated on the latest developments is essential. Significant strides have been made toward resolving the litigation, including progress in hernia mesh settlement negotiations. For instance, settlement mediation for hernia mesh cases is scheduled, indicating a proactive approach toward resolving the litigation.

Moreover, recent developments in hernia mesh litigation include:

  • Ethicon and Johnson & Johnson settling 224 hernia mesh cases in a Georgia multidistrict litigation in December 2023
  • The cancellation of the upcoming Byran trial
  • The scheduling of a status conference for the Covidien MDL

These developments suggest a strategic shift and preparation for case resolutions.

The scale of ongoing cases is far from small. The C.R. Bard hernia mesh class action MDL has 21,169 pending cases, while Atrium and Covidien face 2,770 and nearly 900 lawsuits, respectively. These numbers serve as a stark reminder of the widespread impact of hernia mesh complications.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because of the serious complications these devices cause. Many patients who had hernia mesh implants are now dealing with a host of problems.

In some cases, lawsuits arise from medical malpractice when doctors’ lack of due diligence results in severe complications for patients. Claimants seek damages for a range of losses, such as:

Moreover, many plaintiffs have reported ongoing problems persisting after revision surgeries, adding to the claims of hernia mesh defects causing long-term health issues. The frequency and severity of these complications have prompted patients to seek legal recourse, leading to a surge in hernia mesh lawsuits.

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. – National Library of Medicine

Complications Named in the Lawsuits

Lawsuits mention various severe complications from hernia mesh implants. Among them are adhesion, where the mesh implant sticks to other organs and tissues, and bowel obstruction, which can occur when hernia mesh adheres to the intestines or moves, blocking the bowel.

According to 2023 research by Science Direct, chronic pain, adhesions, or hernia recurrence may occur years after the original hernia mesh surgery as delayed or long-term complications [2]. Furthermore, groin or testicular pain, described as a burning sensation at the surgery site, has been caused by pinched nerves after hernia mesh surgery.

Some of the complications alleged with hernia mesh include:

  • Organ or tissue perforation, where the hernia mesh punctures other body parts during migration
  • Infection
  • Mesh erosion
  • Chronic pain
  • Adhesion formation
  • Mesh migration
  • Recurrence of the hernia

The extensive and disheartening list emphasizes the severity of the problem.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have suffered complications from hernia mesh implants and are capable of establishing liability under product liability laws qualify to file a hernia mesh lawsuit. Allegations against hernia mesh products in Georgia include claims of defectively designed and manufactured products, which have led to various complications for patients.

The jury’s perception of the manufacturer’s knowledge of risks and their failure to adequately warn patients and providers may influence the determination of liability and the outcome of the case. If you or a loved one has suffered from complications after a hernia mesh surgery, you may be eligible to file a lawsuit.

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.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Georgia

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

The aim is to address various damages, including additional surgeries required due to complications with the mesh implant.

The amount of compensation may also reflect the number of surgeries a victim underwent and the extent of chronic pain and complications experienced post-surgery. Compensation can further include amounts for the plaintiff’s spouse in instances of loss of consortium.

Filing a Georgia Hernia Mesh Lawsuit

The process of filing a hernia mesh lawsuit can be intimidating. Nevertheless, the process starts with a straightforward yet crucial step – seeking legal counsel shortly after encountering hernia mesh complications. This is essential for preserving evidence and memories, which can prove vital in a legal case.

Recent court actions, such as the canceled Bryan trial, indicate a judicial preference for settling hernia mesh lawsuits outside of court. This suggests that parties involved in a hernia mesh trial should be prepared for settlement negotiations.

Types of Evidence To Present

Presenting solid evidence to support your case is vital when filing a hernia mesh lawsuit. This can include:

  • Medical records showing the complications you’ve experienced
  • Expert testimony to explain how the hernia mesh caused those complications
  • Documentation of the impact those complications have had on your life

Georgia Statute of Limitation

Georgia’s statute of limitations for hernia mesh lawsuits stipulates two years from the date of injury or its discovery [3]. There’s also a 10-year statute of repose in place, meaning no lawsuit can typically be filed more than 10 years after the defective hernia mesh product was implanted.

Related Articles:

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

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Get Your Free Consultation From Georgia Hernia Mesh Lawyers

The team at Schmidt & Clark, LLP stands with you in challenging times. Have you or someone you care about been harmed by hernia mesh complications? Connect with us for support. Our seasoned attorneys specialize in these complex cases, offering guidance every step of the way.

We’re dedicated to clarifying your legal rights and assessing your potential for filing a hernia mesh lawsuit. We provide free consultations, and a no-win, no-fee promise backs our commitment. Our approach is as compassionate and devoted as we would be with our family members. Get in touch for a detailed case evaluation regarding hernia mesh complications.

Reference:

  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

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