Kentucky Hernia Mesh Lawsuit Attorney

Kentucky Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits involve claims against manufacturers of surgical mesh products used in hernia repair surgery.

Plaintiffs allege these devices cause severe complications including organ perforation, mesh migration, and infections.

Over 21,000 lawsuits have been filed against major manufacturers including Atrium Medical, C.R. Bard, and Ethicon.

The FDA has issued multiple safety communications regarding complications associated with these products.

Latest Kentucky Hernia Mesh Lawsuit Updates

• July 2026: The second bellwether trial in the Covidien Hernia Mesh MDL is scheduled, involving a lawsuit filed by a Mississippi woman who suffered severe and permanent injuries from a Covidien Symbotex patch [1].
• June 2025: The Bard hernia mesh MDL reached 25,015 active cases nationwide, with new lawsuits—including from Kentucky—continuing to be filed despite a major settlement last year. The Covidien MDL also grew to 2,004 cases, as Kentucky plaintiffs join ongoing litigation over mesh injuries [2].

FDA Reports and Statistics

According to the FDA’s MAUDE database, hernia mesh products have been associated with over 12,000 adverse event reports between 2020-2024.

These reports include:

• 4,527 cases of mesh migration
• 3,852 cases of severe pain requiring medication
• 3,215 cases requiring revision surgery
• 2,973 cases of infection at the surgical site
• 1,628 cases of bowel obstruction or perforation

The FDA issued safety communications in 2021 and 2023 warning about increasing complications associated with certain hernia mesh products, particularly those with coatings like Atrium Medical C-QUR Mesh.

Hernia Mesh Injuries & Side Effects

According to a 2020 research by Science Direct, hernia mesh failure can cause a variety of complications affecting internal organs.

Symptoms include migration of the mesh within the body, which can lead to hernia mesh failure including bowel obstruction, perforation of organs, and other severe complications [3].

Hernia mesh failure can cause devastating and life-threatening complications that often require additional surgeries and prolonged recovery.

• Internal Organ Damage: Bowel obstruction, perforation of organs, and adhesions to internal tissues
• Infection: Severe infections requiring long-term antibiotic treatment or surgical intervention
• Migration: Movement of the mesh within the body, causing damage to surrounding tissues and organs
• Chronic Pain: Persistent, debilitating pain that significantly impacts quality of life
• Recurrent Hernia: Failure of the mesh requiring additional surgery
• Mesh Shrinkage: Contraction of the mesh causing tension on surrounding tissues

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent hernia repair surgery using mesh implants between 2010 and present
• You experienced serious complications such as infection, pain, mesh migration, organ perforation, or required revision surgery
• The complications required medical intervention, hospitalization, or additional surgeries
• You can provide medical documentation linking your injuries to the hernia mesh
• The statute of limitations for filing a lawsuit in your state has not expired

Evidence Required for a Hernia Mesh Lawsuit

To build a strong hernia mesh case, the following evidence is typically required:

• Medical records documenting the initial hernia repair surgery
• Operative reports identifying the specific mesh product used
• Documentation of complications and subsequent treatments
• Medical bills and proof of expenses related to complications
• Expert medical opinions linking injuries to the defective mesh

According to a 2020 publication by the Health Information Privacy Division, to gather medical records, a HIPAA release must be obtained, enabling attorneys to acquire the necessary documentation pivotal for substantiating a hernia mesh lawsuit [4].

Damages You Can Recover

Victims in hernia mesh lawsuits may be eligible for compensation covering:

• Past and future medical costs associated with revision surgeries
• Lost wages or diminished earning capacity due to recovery time
• Recovery of lost income
• Diminishing earning capacity resulting from the injuries sustained
• Pain and suffering, a category of non-economic losses, is another key component of damages in hernia mesh lawsuits, covering physical pain and emotional distress caused by hernia mesh injuries

Hernia Mesh Recall Information

Several hernia mesh products have been recalled due to high failure rates and safety concerns:

• Ethicon Physiomesh: Voluntarily withdrawn from the market in 2016 due to high recurrence rates
• Atrium Medical C-QUR Mesh: Subject to FDA recall in 2013 due to packaging issues causing the fish oil coating to adhere to the packaging
• Bard Composix Kugel Hernia Patch: Recalled in 2005, 2006, and 2007 due to a defective “memory recoil ring” that could break and cause bowel perforations
• Ethicon Proceed Surgical Mesh: Recalled in 2010 due to potential for the polypropylene layer to separate, leading to adhesions and bowel fistulas

According to DrugWatch, hernia mesh is a medical device used to provide additional support to weakened or damaged tissue during hernia repair surgery [5].

Products that have faced significant litigation include Atrium Medical C-QUR Mesh, Bard Composix Kugel Hernia Patch, and Ethicon Proceed Surgical Mesh.

Statute of Limitations for Hernia Mesh Lawsuits

The statute of limitations plays a significant role in hernia mesh lawsuits. In Kentucky, plaintiffs have a limited window to file suit – generally one to two years from the date of injury discovery. This timeline can vary depending on the specific circumstances of the case.

Failing to file within the statutory period could permanently bar you from seeking compensation in court, as missing this deadline by even a day can forfeit your right to seek compensation.

For other states, the statute of limitations typically ranges from 1-6 years, with the “discovery rule” often applying, meaning the clock starts when you discovered or reasonably should have discovered your injury.

FAQs

1. What is a multidistrict litigation (MDL) in hernia mesh litigation?

A multidistrict litigation is a legal procedure consolidating similar cases against the same defendants across multiple jurisdictions. The hernia mesh MDL centralizes pretrial proceedings, streamlines discovery, and establishes consistent rulings. This coordination benefits both plaintiffs and defendants through more efficient case management.

2. Can I file a hernia mesh lawsuit if my symptoms are mild?

Even with mild symptoms, you may have a valid claim if there’s evidence the hernia mesh has caused complications or if there is risk of future complications. Consulting with a hernia mesh attorney will help assess your specific situation and determine if your symptoms warrant legal action.

3. What should I expect during a consultation with a hernia mesh attorney?

During a consultation, the lawyer will review your medical history, surgical records, and post-operative complications. They’ll evaluate and analyze the potential for a lawsuit. They will explain the legal process, potential outcomes, and compensation options while answering any questions about your specific situation.

4. How long does a hernia mesh lawsuit take to resolve?

Most hernia mesh lawsuits take between 1-3 years to resolve. Complex cases involving severe injuries or multiple defendants may take longer. Factors affecting timeline include case complexity, court backlog, strength of evidence, and whether the case settles or proceeds to trial.

5. What are the settlement amounts for hernia mesh lawsuits?

Settlement amounts in hernia mesh lawsuits vary significantly for individual cases. In a recent settlement of February 2024, Ethicon offered approximately $1 billion with an average individual settlement projection ranging from $65,000-$750,000. Some victims received more or less based on injury severity.

6. What types of hernia mesh are most commonly involved in lawsuits?

Polypropylene meshes are most frequently named in lawsuits, particularly those with coatings like Atrium’s C-QUR fish oil coating and Ethicon’s Physiomesh. Products with high failure rates include Bard’s 3DMax and PerFix, Covidien’s Parietex, and Ethicon’s Physiomesh and Proceed meshes.

7. How do I know which hernia mesh was used in my surgery?

To identify your implanted mesh, request complete medical records including operative reports and implant logs. Your surgeon can also provide this information. The product identification sticker in your records contains model and lot numbers necessary for substantiating a hernia mesh lawsuit.

8. Can I still file a claim if my hernia mesh surgery was several years ago?

Depending on your state’s statute of limitations and when complications were discovered, you may still be eligible to file.

Many states apply the “discovery rule,” starting the time limit when problems were first noticed rather than the surgery date. Consult with a hernia mesh attorney immediately.

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

Get A Free Kentucky 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 one year in some states, delaying your claim could permanently forfeit your right to compensation.

Our hernia mesh attorneys offer:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case
• Comprehensive case evaluation by experienced attorneys

Don’t wait until it’s too late to seek the compensation you deserve for your suffering from a defective hernia mesh.

Reference:

1. https://www.aboutlawsuits.com/hernia-mesh-1364/second-bellwether-trial-covidien-hernia-mesh-lawsuit-mdl-july-2026/?utm_source
2. https://www.lawsuit-information-center.com/how-much-compensation-can-you-expect-for-a-hernia-mesh-lawsuit.html
3. https://www.sciencedirect.com/science/article/pii/S2666138120300025
4. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html
5. https://www.drugwatch.com/hernia-mesh/