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Kentucky Hernia Mesh Lawsuit Attorney

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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

  • Determining Eligibility: Learn about the specific criteria that define eligibility for participating in a hernia mesh lawsuit in Kentucky. This includes understanding the types of complications and injuries that are typically associated with faulty hernia mesh products, as well as the time limits (statute of limitations) set by Kentucky law for filing a claim.
  • Steps to Take Action: Follow a step-by-step guide outlining how to begin your journey towards seeking compensation. This includes advice on documenting your medical issues, finding and consulting with a qualified attorney who specializes in hernia mesh cases in Kentucky, and what to expect as your case progresses from filing through to resolution.
  • Staying Informed and Prepared: Gain insights into how to stay informed about the latest developments in hernia mesh litigation in Kentucky and nationwide. Learn how staying engaged and prepared can impact the outcome of your lawsuit and contribute to the broader fight for accountability and patient safety.

Hernia Mesh Lawsuits

In Kentucky, a state with a population of 4.437 million, there has been a significant surge in hernia mesh complications reported to the FDA. These complications have led to an increase in hernia mesh lawsuits, with local law firms playing a vital role in representing the affected patients and advocating for their legal rights to compensation.

Many of these lawsuits are directed toward manufacturers of hernia mesh products. Allegations range from:

  • defective hernia mesh design
  • improper labeling that fails to adequately warn patients of associated risks
  • using coatings on the mesh that cause adverse reactions and infections.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is a medical device used to provide additional support to weakened or damaged tissue during hernia repair surgery [1]. However, not all hernia mesh products are created equal. The FDA released a guide in July 2023 alerting consumers about the risks associated with hernia surgery mesh.

Recalls of several hernia mesh products have been linked to issues with hernia mesh devices. Some of the recalled products include Atrium Medical C-QUR Mesh, Bard Composix Kugel Hernia Patch, and Ethicon Proceed Surgical Mesh. Certain recalls, like the Class 1 recall for C.R. Bard’s Kugel Patch, indicated that the product could cause serious health consequences or even death.

Therefore, patients must be aware of the brand and manufacturer of their hernia mesh implant, as this information is critical when filing a lawsuit.

Latest Hernia Mesh Lawsuit Updates

Staying informed on the latest developments in hernia mesh lawsuits is crucial, especially for patients who have experienced complications from these devices.

For instance, Multi-District Litigations, including those for hernia mesh lawsuits, have seen significant settlements, such as Johnson & Johnson and Ethicon’s in Georgia, as well as the start of new MDLs, like the Covidien hernia mesh MDL in Massachusetts.

Moreover, thousands of lawsuits combined within MDLs against Atrium, Bard, and Ethicon are now in the bellwether trial phase, indicating a mature stage in the litigation process.

The outcomes of these bellwether trials, which test the strengths and weaknesses of cases, provide insight into potential settlement outcomes for other cases within the MDL.

The Role of Multidistrict Litigation (MDL) in Kentucky Cases

Multidistrict Litigation (MDL) plays a crucial role in consolidating hernia mesh lawsuits. The hernia mesh MDL, for example, continues to grow with new cases being filed, bringing the total to over 20,972 cases as of January 2024.

A new lawsuit was recently introduced into the MDL against Bard and Davol on behalf of an estate, while nearly 100 additional cases were added, evidencing an ongoing influx of new claims.

Historic settlements, such as those involving Davol/Bard and Atrium Medical Corporation, are shaping the expectations regarding the compensation and settlement agreements in ongoing litigations. Thus, the outcomes of bellwether trials in these MDLs provide valuable insight into potential settlement outcomes for other cases within the MDL.

Why Are People Filing Hernia Mesh Lawsuits?

Patients are filing hernia mesh lawsuits due to severe injuries and complications that require additional surgeries after their hernia mesh implants failed. Claims include allegations of defective product design, defective manufacturing, and improper labeling that did not adequately warn of the risks associated with defective hernia mesh products.

In addition to these product-related claims, some lawsuits also allege malpractice by the doctors who implanted the hernia mesh if it was done improperly. Claimants are seeking compensation for damages such as:

  • lost wages
  • medical expenses
  • pain and suffering
  • reduced quality of life due to ongoing problems from hernia mesh implants.

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 Lawsuit

According to a 2020 research by Science Direct, hernia mesh failure can cause a variety of complications affecting internal organs. Symptoms include [2]:

  • Migration of the mesh within the body
  • Pain and discomfort in areas such as the abdomen, stomach, leg, groin, or testicles
  • Nausea after hernia mesh surgery may indicate an intestinal blockage or infection caused by mesh migration.

If you experience any of these symptoms after hernia mesh surgery, it is important to seek medical attention.

Erectile dysfunction in men with inguinal hernias and ongoing fatigue could signal severe complications from hernia mesh, such as nerve entrapment or an immune response.

More severe complications from hernia mesh failure can include bowel obstruction, perforation of organs, severe bleeding, serious inflammatory reactions, and life-threatening injuries like fistulas, adhesions, abscesses.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have undergone hernia repair surgery with mesh on or after a specific date and have subsequently experienced complications such as adhesions or recurrence, often necessitating revision surgery, qualify to file a hernia mesh lawsuit.

Reporting hernia mesh complications to the FDA is a key step in holding manufacturers accountable and strengthening a legal case. Furthermore, medical records are crucial in proving eligibility for a hernia mesh lawsuit, as they document the date of the surgery and the specific complications encountered.

Hernia Mesh Lawsuit Settlement Amounts in Kentucky

Settlement amounts in hernia mesh lawsuits can vary significantly. For example, in the most recent verdict as of February 2024, a hernia mesh lawsuit mediation is scheduled for March 2024 with an average settlement prediction ranging from $65,000-$70,000. Some victims may receive more or less based on a points system.

Historical settlements provide a glimpse into potential settlement amounts. For instance, a Kentucky jury awarded $255,000 to Antonio Milanesi for a claim involving a bowel abscess and infection caused by defective hernia mesh.

The largest settlement to date involving Bard hernia mesh was $184 million in a global settlement of approximately 3,000 cases in 2011.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Kentucky

Plaintiffs in hernia mesh lawsuits may be eligible for compensation that covers:

  • Past and future medical costs associated with revision surgeries due to mesh complications such as infection and organ perforation
  • Recovery of lost income
  • Diminished earning capacity resulting from the injuries sustained

Compensation in hernia mesh lawsuits can help plaintiffs recover from the financial burden caused by these complications.

Pain and suffering, a category of non-economic losses, is another key area where plaintiffs can receive damages. This reflects the physical and emotional distress caused by hernia mesh injuries.

While the compensation amounts for hernia mesh lawsuits can vary significantly, historical settlements have ranged from approximately $60,000 to $1 million, depending on the unique circumstances and severity of each case.

Filing a Kentucky Hernia Mesh Lawsuit

To file a hernia mesh lawsuit in Kentucky, it is essential to follow these steps:

  1. Consult with a law firm competent in handling defective medical device claims.
  2. Seek medical treatment if you’ve experienced complications with hernia mesh or if your mesh has been recalled.
  3. Contact a hernia mesh attorney specializing in Kentucky defective medical device suits.

After addressing your medical concerns, the next step is to file the necessary legal paperwork with the assistance of your attorney to start the lawsuit. Engaging with an experienced Kentucky law firm with expertise in defective medical device claims can be critical in navigating the complexities of a hernia mesh lawsuit.

Types of Evidence To Present

In a hernia mesh lawsuit, the types of evidence presented can significantly impact the outcome. Medical records are vital in ascertaining the type of hernia mesh device implanted, which is a fundamental step in pursuing a lawsuit and claiming a settlement or judgment.

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 [3].

Additionally, healthcare providers should be asked to keep the removed mesh, if applicable, which serves as physical evidence for legal matters.

For patients unaware of their hernia mesh manufacturer, specialized hernia mesh lawyers are equipped to determine the specific product used by analyzing medical records and can guide legal actions.

Kentucky Statute of Limitation

The statute of limitations plays a significant role in hernia mesh lawsuits. In Kentucky, plaintiffs have a limited window to file their hernia mesh lawsuit. It’s generally a one-year timeframe, but this can vary depending on the specific circumstances of the case.

Adherence to the statute of limitations is critical in ensuring your case is eligible for consideration in court, as missing this deadline by even a day can forfeit your right to seek compensation.

Related Articles:

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

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

Get Your Free Consultation From Kentucky Hernia Mesh Lawyers

At Schmidt & Clark, LLP we provide unwavering support in your time of need. Suffering from hernia mesh complications can be overwhelming, and whether it’s you or someone you care about, we’re ready to help. Our expertise lies in managing defective hernia mesh cases, and we’ll steer you through the complexities of the legal system.

Understanding your legal entitlements and assessing your eligibility for a hernia mesh lawsuit is our priority. We offer initial consultations at no cost, and our payment structure is success-based, meaning we only charge if we win your case.

Reference:

  1. https://www.drugwatch.com/hernia-mesh/
  2. https://www.sciencedirect.com/science/article/pii/S2666138120300025
  3. https://www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/index.html

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