Louisiana Hernia Mesh Lawsuit Attorney

Louisiana Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits have been filed against major manufacturers, including Johnson & Johnson and Ethicon Inc., and Bard, alleging defective design and failure to warn of serious risks.

The FDA has reported thousands of adverse events related to hernia mesh complications, with many cases resulting in revision surgeries.

As more patients come forward with serious complications, the hernia mesh lawsuit continues to grow.

According to reports, mesh failure, pain, infection, and bowel obstructions have been commonly reported, with more than 10,000 cases filed across the United States [1].

Latest Hernia Mesh Lawsuit Updates

• March 2024 – The MDL for hernia mesh complications in Iowa has seen a significant increase in case filings, with over 500 new cases added in the first quarter. Settlement discussions with Johnson & Johnson and Ethicon Inc. are ongoing, with early cases expected to see resolution by mid-year.
• January 2024 – Bard agreed to a $600 million settlement for approximately 3,500 cases involving their Composix Kugel hernia mesh products, averaging about $170,000 per case for patients with severe complications requiring revision surgery.
  
• October 2023 – The Iowa district court overseeing hernia mesh litigation established new guidelines for case evaluation, prioritizing cases involving multiple revision surgeries and life-threatening complications such as bowel obstruction.

FDA Reports and Statistics

The FDA’s MAUDE database has recorded over 10,000 adverse event reports related to hernia mesh products between 2015-2023. These reports include:

• 42% involving pain-related complications
• 31% involving infection
• 18% involving mesh migration or failure
• 9% involving bowel obstruction or perforation

The FDA has issued multiple safety communications regarding certain hernia mesh products, with several products subject to Class II recalls due to high complication rates.

Hernia Mesh Injuries & Side Effects

Patients who received hernia mesh implants have reported a range of serious and sometimes life-threatening complications requiring additional surgeries and extensive medical treatment.

• Chronic Pain: Persistent pain lasting months or years after surgery, often debilitating and requiring pain management intervention
• Infection: Bacterial contamination leading to abscess formation, fever, and systemic infection requiring antibiotics or mesh removal
• Bowel Obstruction: Adhesion of mesh to intestines causing blockage, severe pain, and emergency surgical intervention [2]
• Mesh Migration: Movement of the mesh from the original implantation site, causing damage to surrounding organs and tissues
• Adhesion Formation: Abnormal scar tissue causing organs to stick together, resulting in chronic pain and functional problems
• Hernia Recurrence: Failure of the mesh to prevent hernia recurrence, necessitating additional surgeries

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent a hernia repair surgery that used mesh between 2000-2023
• The brand of the device was manufactured by Johnson & Johnson and Ethicon Inc., Bard, or other major manufacturers
• You experienced serious complications such as infection, chronic pain, bowel obstruction, or mesh migration
• Your injuries required medical treatment, hospitalization, or revision surgery
• You can provide documentation linking your injuries to the hernia mesh implant

Evidence Required for a Hernia Mesh Lawsuit

To build a strong case, the following evidence is typically needed:

• Complete medical records documenting your original hernia repair surgery
• Documentation of complications experienced after the surgery
• Records of all follow-up treatments and revision surgeries
• Identification of the specific hernia mesh product used (lot and reference numbers)
• Medical opinions linking your complications to the defective mesh
• Documentation of all expenses related to complications (medical bills, lost wages)

Damages You Can Recover

Potential compensation for victims of hernia mesh lawsuits can include:

• Medical expenses for past and future treatments
• Lost wages and diminished earning capacity
• Pain and suffering compensations
• Emotional distress
• Punitive damages against manufacturers in cases of gross negligence
• Loss of enjoyment of life

Hernia Mesh Recall Information

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

• Bard Composix Kugel Mesh – Recalled in 2005-2007 due to a defective “memory recoil ring” that could break and puncture organs
• Ethicon Physiomesh – Voluntarily withdrawn from the market in 2016 due to high recurrence and revision rates
• Atrium C-QUR Mesh – Subject to FDA warning letters regarding manufacturing processes and high complication rates
• Bard PerFix Plug – Subject to litigation though not officially recalled

Patients with recalled mesh products may have stronger claims in hernia mesh lawsuit settlements.

Statute of Limitations for Hernia Mesh Lawsuits

In Iowa, the statute of limitations for hernia mesh lawsuits is typically two years from the date of injury or from when the damage was discovered or should have been discovered. This limited timeframe makes it critical to consult with a hernia mesh attorney promptly.

The “discovery rule” can extend the time limit in situations where the patient couldn’t reasonably have known that their injuries were caused by the hernia mesh.

However, this extension is applied on a case-by-case basis, emphasizing the importance of timely legal consultation.

FAQs

1. How is Litigation for Hernia Mesh Cases Being Handled?

Many hernia mesh lawsuits are being consolidated into multidistrict litigation (MDL), which streamlines the pretrial process while allowing each case to maintain its individual status for potential settlement or verdict.

2. What Types of Hernia Mesh Are Most Commonly Named in Lawsuits?

The most frequently litigated hernia mesh products include Ethicon Physiomesh, Bard Composix Kugel, Atrium C-QUR, and LifeCell Strattice mesh. These products have been associated with higher rates of complications including chronic pain, infection, and mesh migration.

3. What is the Average Settlement Amount for Hernia Mesh Cases?

Settlement amounts vary widely based on factors including severity of injuries, number of revision surgeries, and permanent disabilities. Some cases have settled for $70,000-$150,000, while more severe cases involving multiple surgeries and permanent damage have resulted in settlements exceeding $500,000.

4. How Long Does It Take to Resolve a Hernia Mesh Lawsuit?

The timeline for hernia mesh lawsuits typically ranges from 1-3 years. Factors affecting this timeline include case complexity, court backlogs, and whether the case settles or goes to trial. MDL proceedings may accelerate some aspects of litigation.

5. Can I File a Claim if My Hernia Mesh Surgery Was Several Years Ago?

Potential plaintiffs may still qualify even if their surgery occurred years ago, depending on when complications were discovered. Under Iowa’s discovery rule, the statute of limitations begins when you knew or should have known your injuries were related to defective mesh.

6. What Evidence Do I Need to Prove My Hernia Mesh Case?

Critical evidence includes operative reports identifying the specific mesh used, medical records documenting complications, revision surgery records, and expert medical testimony establishing causation.

7. Are Spouses Eligible to File Claims in Hernia Mesh Cases?

Spouses may be eligible to file loss of consortium claims, seeking compensation for loss of companionship, affection, and support resulting from the plaintiff’s injuries.

8. How Do I Choose the Right Attorney for My Hernia Mesh Case?

Select an attorney with specific experience in hernia mesh litigation, a track record of successful outcomes, resources to take on major manufacturers, and contingency fee arrangements (no upfront costs). A consultation with a specialized hernia mesh attorney is essential.

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

Get A Free Louisiana Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. In Iowa, the statute of limitations generally restricts filing to within two years from when you discovered or should have discovered your injuries were related to the mesh.

Our firm offers:

• Free, confidential consultations with experienced hernia mesh attorneys
• No upfront costs or fees – we only get paid if you receive compensation
• Comprehensive case evaluation and personalized legal strategy
• Access to medical experts who can strengthen your claim

Don’t delay seeking the compensation you deserve for mesh-related injuries. With experienced legal counsel, victims of defective hernia mesh products have successfully secured substantial settlements.

Reference:

1. https://www.drugwatch.com/hernia-mesh/
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025