Hawaii Hernia Mesh Lawsuit | 2025 Latest Updates

Hawaii Hernia Mesh Lawsuit Overview

Hawaii hernia mesh lawsuits are part of nationwide litigation involving thousands of cases against major manufacturers including Atrium, C.R. Bard, Covidien, and Ethicon/Johnson & Johnson for defectively designed mesh products.

The primary allegations include defective design, inadequate manufacturing, and failure to warn about risks associated with Bard hernia mesh, Ethicon’s Physiomesh, and Atrium’s C-Qur Mesh.

Between 2005 and 2019, over 211,000 units of defective mesh devices were recalled, with many products fast-tracked through the FDA’s 510(k) approval process without adequate long-term testing.

Hawaii hernia mesh lawsuits are consolidated through multidistrict litigation (MDL), including nearly 900 cases in the Covidien MDL and over 20,000 in the Bard MDL.

Latest Hawaii Hernia Mesh Lawsuit Updates

• Ongoing – The forthcoming Stinson v. C.R. Bard case continues to progress, with results expected to influence future litigation outcomes for Hawaii residents and nationwide plaintiffs [1].
• March 3-4, 2024 – A court-ordered, in-person settlement mediation for Bard hernia mesh cases was scheduled for March 4 and 5, 2024. This mediation was part of a broader effort to resolve thousands of claims in the federal multidistrict litigation (MDL), which includes plaintiffs from Hawaii [2].
• December 2023 – Johnson & Johnson and its subsidiary Ethicon settled 224 hernia mesh lawsuits in the Georgia multidistrict litigation. The settlement resolved all remaining Physiomesh Flexible Composite hernia mesh cases in the MDL and New Jersey multicounty litigation [3].
• November 8, 2023 – A $500,000 verdict was awarded against Bard for failing to warn about mesh risks, though no punitive damages were awarded, establishing important precedent for Hawaii cases [4].

FDA Reports and Statistics

According to DrugWatch, hernia mesh is a surgical device designed to provide support for weakened tissue in hernia repair procedures, but certain products have been subject to significant recalls [5].

Between 2005 and 2019, over 211,000 units of hernia mesh devices were recalled due to defects causing severe patient complications.

Since the late 1980s, hernia mesh implant use in hernia repair surgeries has increased dramatically, accounting for approximately 90% of procedures by 2000.

Science Direct research from 2020 documents extensive complications directly attributed to hernia mesh implants, supporting the litigation claims filed by Hawaii residents [6].

The National Institutes of Health reports that complications can arise months or years after surgery, with symptoms ranging from obvious to difficult to diagnose.

Hawaii Hernia Mesh Injuries & Side Effects

Hawaii patients who received defective hernia mesh implants report serious complications that have significantly disrupted their lives, often requiring additional surgeries and long-term medical treatment.

Serious complications reported in Hawaii hernia mesh lawsuits include:

• Chronic Pain: Persistent, severe pain that can last months or years after mesh implantation.
• Hernia Recurrence: Return of the original hernia requiring additional surgical intervention.
• Infections: Post-surgical infections that may require mesh removal and extended treatment.
• Seromas: Fluid-filled pockets around the surgery site causing discomfort and complications.
• Mesh Failure: Complete breakdown of the implant necessitating removal and revision surgery.
• Organ or Tissue Perforation: Mesh puncturing or eroding into surrounding organs and tissues.
• Adhesions: Mesh sticking to other organs and tissues, causing pain and functional problems.
• Bowel Obstruction: Blockage caused by mesh adhering to intestines or shifting within the body.

Sometimes symptoms of complications can arise months or years after the implant surgery. Patients may have extreme symptoms that are easy to identify or mild signs that are more difficult to diagnose. In some cases, it’s possible to have multiple symptoms simultaneously. – National Institutes of Health.

Do You Qualify for a Hawaii Hernia Mesh Lawsuit?

You may qualify for a Hawaii hernia mesh lawsuit if:

• You underwent hernia repair with mesh implants on or after January 1, 2006, in Hawaii or while residing in Hawaii
• You experienced serious side effects including chronic pain, hernia recurrence, infections, adhesions, bowel obstruction, mesh migration, or organ perforation
• The injuries required medical treatment, hospitalization, or additional surgical intervention
• You can provide medical documentation linking your injuries to the defective hernia mesh implant
• Your complications occurred more than 30 days after the initial surgery

Evidence Required for a Hawaii Hernia Mesh Lawsuit

Building a robust case requires comprehensive evidence including:

• Product identification documentation showing the specific mesh brand and model used
• Operative reports from the initial hernia repair surgery
• Medical records documenting subsequent surgeries or treatments for complications
• Expert testimonies explaining the medical and personal impact of the defective mesh
• Evidence demonstrating the manufacturer’s failure to adequately warn about risks
• Documentation of all related medical expenses and treatment costs

Damages You Can Recover

Compensation for Hawaii hernia mesh lawsuit victims may include:

• Medical expenses: Past and future costs for treating mesh-related complications
• Lost wages: Compensation for time away from work due to complications and recovery
• Pain and suffering: Damages for physical pain, emotional distress, and loss of enjoyment of life
• Punitive damages: Additional compensation when manufacturer conduct was particularly egregious

Hawaii Hernia Mesh Recall Information

Multiple hernia mesh products have been subject to recalls affecting Hawaii patients:

• Recall Period: Between 2005 and 2019, over 211,000 units of defective mesh devices were recalled
• Products Affected: Ethicon’s Physiomesh and Atrium’s C-Qur Mesh among others
• FDA Process: Many products were fast-tracked through FDA’s 510(k) approval process without adequate long-term testing
• Manufacturers Involved: Atrium, C.R. Bard, Covidien, and Ethicon/Johnson & Johnson

Statute of Limitations for Hawaii Hernia Mesh Lawsuits

The statute of limitations for hernia cases in Hawaii typically provides a 2-3 year window from the time an injury is discovered to file a hernia mesh lawsuit.

However, there are cases where this timeframe may extend depending on when the injury should have been reasonably discovered.

Given that complications can arise months or years after surgery, it’s crucial to consult with a hernia mesh attorney as soon as possible to preserve your legal rights and ensure timely filing.

Related Article: Georgia Hernia Mesh Lawsuit

FAQs

1. What factors affect the settlement amounts in Hawaii hernia mesh cases?

Factors include the severity of injuries, medical expenses, lost wages, impact on quality of life, and the strength of evidence demonstrating defendant liability. Hernia mesh settlement amounts in Hawaii range from $65,000 to $70,000 on average, with some cases reaching $4.8 million.

2. How long does a Hawaii hernia mesh lawsuit take to settle?

The duration can vary widely, with complex cases lasting from three to seven years or longer if appeals are involved. Timeline factors include case complexity, discovery process, and defendant willingness to settle.

3. Can I receive compensation for pain and suffering in a Hawaii hernia mesh lawsuit?

Yes, compensation for pain and suffering, including emotional distress and loss of enjoyment of life, can be significant components of damages awarded. These non-economic damages often represent substantial portions of settlement amounts.

4. How does Multidistrict Litigation (MDL) affect my Hawaii case?

MDL consolidates similar cases for efficient pretrial proceedings while maintaining individual case integrity. For Hawaii residents, being part of an MDL provides unified legal strategy, potential for expedited settlements, and compensation expectations influenced by bellwether trial results.

5. What manufacturers are involved in Hawaii hernia mesh lawsuits?

Major manufacturers include Atrium, C.R. Bard, Covidien, and Ethicon/Johnson & Johnson. The Bard MDL includes over 20,000 cases while the Covidien MDL contains nearly 900 cases affecting patients nationwide including Hawaii.

6. Can I file a Hawaii lawsuit if my mesh surgery was performed elsewhere?

Yes, if you’re a Hawaii resident who received hernia mesh surgery in another state and experienced complications, you may still be eligible to file a lawsuit. Consult with a Hawaii attorney to determine jurisdiction and filing options.

7. What is the average settlement range for Hawaii hernia mesh cases?

Settlement amounts vary widely from $250,000 to as high as $4.8 million, with average projected settlements ranging from $65,000 to $70,000. Final amounts depend on injury severity, required surgeries, and impact on quality of life.

8. Do I need to preserve my removed mesh for evidence?

Yes, if your mesh was removed during revision surgery, preserving the actual device can be crucial evidence for your case. This physical evidence can support claims about defective design and manufacturing.

9. What role do expert testimonies play in Hawaii hernia mesh cases?

Expert testimonies are essential for explaining the medical impact, demonstrating how the mesh failed, and establishing the connection between defective design and your specific injuries. These testimonies help build compelling cases for liability and damages.

10. When should I contact a Hawaii hernia mesh attorney?

Contact an attorney immediately upon experiencing complications, as the 2-3 year statute of limitations in Hawaii starts from injury discovery. Early consultation ensures proper evidence preservation and timely case filing.

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

Get Your Free Consultation From Hawaii Hernia Mesh Lawyers

Time is limited to pursue legal action for Hawaii hernia mesh complications. Hawaii law provides only 2-3 years from the date of injury discovery to file your hernia mesh lawsuit.

Since complications after hernia surgical mesh can arise months or years after surgery, early legal consultation is essential to preserve your rights.

Our Hawaii legal team at Schmidt & Clark, LLP offers:

• Free, confidential consultations to evaluate your Hawaii hernia mesh case
• No upfront costs or fees – we only get paid if we win your case
• Experienced representation in complex MDL litigation
• Comprehensive case evaluation and evidence gathering
• Dedicated support throughout the legal process for Hawaii residents

It’s a process that demands diligence, from proving the use of a defective mesh device to demonstrating the extent of resulting damages.

References

1. https://www.drugwatch.com/news/2023/12/06/jj-and-ethicon-quietly-settle-over-200-hernia-mesh-lawsuits/
2. https://www.lawsuit-information-center.com/bard-hernia-mesh-lawsuits.html
3. https://www.millerandzois.com/products-liability/hernia-mesh-case-value/
4. https://www.taftlaw.com/news-events/news/taft-wins-500000-verdict-for-client-in-third-hernia-mesh-test-trial/
5. https://www.drugwatch.com/hernia-mesh/
6. https://www.sciencedirect.com/science/article/pii/S2666138120300025