Massachusetts Hernia Mesh Lawsuit | 2024 Latest Updates

If you or a loved one experienced complications due to hernia mesh implants in Massachusetts, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective medical devices. Our experienced legal team is here to guide you through the process and fight for the justice you deserve.

Contact Schmidt & Clark today for a free, no-obligation consultation.

Massachusetts Hernia Mesh Lawsuit Overview

According to DrugWatch, hernia mesh is a medical device engineered to reinforce hernia repair surgeries [1]. In the legal corridors of Massachusetts, a storm is brewing – a storm of hernia mesh lawsuits.

Thousands of hernia mesh cases are currently pending in the courts, with over 90 awaiting verdicts as of the latest count.

The hernia mesh trial landscape implicates multiple manufacturers, including industry giants Covidien, C.R. Bard, and Johnson & Johnson, painting a grim picture of the hernia mesh situation.

Notably, over 18,000 lawsuits are pending against Bard, a number that has ballooned by nearly 600 new cases since October 2023.

In Massachusetts, hernia mesh lawsuits often involve two main players – Covidien and Bard. These manufacturers have been hit by thousands of lawsuits, many of which allege that defects in their hernia mesh products led to serious complications.

Latest Massachusetts Hernia Mesh Lawsuit Updates

February 2, 2024 – A Bard hernia mesh lawsuit saw a denied appeal after a jury awarded $500,000 to a plaintiff, reflecting a favorable trend for plaintiffs.February 25, 2024 – Settlement mediation was ordered for the Bard hernia mesh lawsuit, suggesting the possibility of a resolution without further trials.January 2024 – The total count of C.R. Bard hernia mesh class action cases reached 21,159, signaling a direction toward successful plaintiff outcomes and increased pressure on manufacturers for settlement negotiations.June 2023 – Johnson & Johnson and Ethicon Inc. settled 161 hernia mesh lawsuits, with a settlement reached in a Georgia MDL involving 224 lawsuits on December 5, 2023.

Reports and Statistics on Massachusetts Hernia Mesh Cases

The hernia mesh landscape in Massachusetts reflects the national crisis:

• Thousands of hernia mesh cases pending in Massachusetts courts
• Over 90 cases awaiting verdicts at the latest count
• Over 18,000 lawsuits pending against Bard nationally
• Nearly 600 new cases against Bard since October 2023
• Covidien faces nearly 900 Covidien hernia mesh lawsuits in the Covidien hernia mesh cases MDL

For Bard cases specifically, nearly 600 new cases have emerged since October 2023, bringing the total to around 21,000 cases. The Covidien hernia mesh MDL was established in June and has 90 pending cases.Multidistrict Litigation (MDL) serves as a significant factor in hernia mesh lawsuits, acting as a procedural tool to consolidate similar cases in one court, expediting the legal process and encouraging settlements.

The Covidien hernia mesh MDL was established in June and has 90 pending cases. The first order of business for Judge Saris will be to appoint attorneys to serve on the plaintiffs’ leadership committee – Ronald V. Miller Jr.

Massachusetts Hernia Mesh Complications & Side Effects

According to a 2020 research by Science Direct, the complications associated with hernia mesh implants are as varied as they are devastating. On July 13, 2023, the FDA released new guidance to inform consumers about risks associated with hernia surgery mesh.Common complications include:

• Pain: Chronic, debilitating discomfort that can persist for years
• Infection: Bacterial contamination requiring antibiotic treatment or removal
• Bleeding: Internal hemorrhaging requiring medical intervention
• Bowel obstruction: Blockage of the intestines requiring emergency surgery
• Sexual dysfunction: Impotence or pain during intercourse
• Mesh shrinkage: Contraction of the mesh leading to tension and pain
• Organ perforation: Mesh migration causing damage to surrounding organs
• Recurrent hernias: Failure of the mesh leading to hernia recurrence

In the lawsuits, additional serious injuries are listed, including [2]:

• Adhesions: Scar tissue formation binding tissues together abnormally
• Intestinal blockage: Obstruction of the digestive tract
• Mesh migration: Movement of the mesh from its original implantation site

These complications can lead to significant health consequences, including the need for additional surgeries, healthcare visits, elevated risks, diminished quality of life, and emotional distress.

Do You Qualify for a Massachusetts Hernia Mesh Lawsuit?

Individuals who underwent hernia repair with mesh implantation and suffered serious post-surgical complications qualify to file a hernia mesh lawsuit. In addition, the hernia mesh surgery must have taken place on or after January 1, 2006.Moreover, the hernia mesh implant must be a product from major manufacturers active after 2000, like Bard, Covidien, Ethicon, or Atrium, who collectively hold a significant market share.Should you find yourself suffering from serious complications following the implantation of a defective hernia mesh product, including but not limited to Covidien products or other brands, you could be qualified to file a legal claim.

Evidence Required for a Massachusetts Hernia Mesh Lawsuit

Assembling the correct evidence is of paramount importance when filing a hernia mesh lawsuit. This includes:

• Medical records: Complete documentation of your hernia repair surgery and complications
• Documentation of damages and losses: Financial impact including medical bills and lost wages
• A detailed account of the surgery and associated problems: Timeline of complications and treatments
• Mesh identification information: Brand and manufacturer details from your medical records

Additionally, supplying the dates of the original hernia mesh surgery and any subsequent revisions is fundamental in constructing a robust case.Interestingly, arrangements should be made to preserve the removed hernia mesh before hernia revision surgery, as it is to be stored and preserved as vital evidence in hernia mesh lawsuits.

Damages You Can Recover

Compensation is influenced by factors such as:

• The severity of injuries
• Economic impact
• Effects on quality of life
• The strength of the plaintiff’s case

For instance, in the Kugel hernia mesh litigation, Tier 1 plaintiffs received around $900,000, indicating significant compensation for those most severely impacted by hernia mesh complications.It’s also worth noting that plaintiffs may receive compensation for a variety of losses, including non-economic damages such as pain and suffering, illustrating the broad scope of recoverable damages in these cases.

Massachusetts Hernia Mesh Recall Information

Statute of Limitations for Massachusetts Hernia Mesh Lawsuits

As claimed by BridgeTower Media, in Massachusetts, the statute of limitations for filing a hernia mesh lawsuit is three years from the date of injury discovery [3]. This means that you have three years from the date you discovered or should have reasonably discovered the injury to file a lawsuit.Therefore, it’s crucial to act quickly. Potential plaintiffs should act quickly in initiating a lawsuit, as attorneys may not accept new clients after they have reached settlements for existing cases.

FAQs

1. What should I do if my hernia mesh patch is causing complications?

If you suspect complications from a hernia mesh patch, seek immediate medical attention and consult a lawyer specializing in medical device litigation to discuss your legal options.

2. Can I file a lawsuit if my hernia mesh patch has not been recalled?

Yes, you can file a lawsuit even if your specific hernia mesh product has not been recalled, provided you can demonstrate that the mesh caused your injuries due to defects or insufficient warnings.

3. How are hernia mesh cases typically resolved?

Hernia mesh cases are often resolved through settlements, which can provide compensation for medical expenses, lost wages, pain and suffering, and other damages. If a settlement is not reached, the case may proceed to trial.

4. What compensation can I expect from a hernia mesh lawsuit?

Compensation varies widely depending on case specifics. Some individuals have received as much as $1,000,000, while average settlements range between $65,000 and $85,000. In the Kugel litigation, severe cases received around $900,000.

5. How long will my hernia mesh lawsuit take?

The duration varies. Some cases may settle quickly, while others may take years, especially if they go to trial. Recent developments suggest potential for expedited settlements in some cases.

6. Do I need a lawyer for a hernia mesh lawsuit?

Yes, a specialized attorney can evaluate your case, gather evidence, file legal claims, negotiate settlements, and represent you in court. Their expertise is critical for navigating these complex cases.

7. What manufacturers are involved in hernia mesh lawsuits?

Major manufacturers include Bard, Covidien, Ethicon (Johnson & Johnson), and Atrium. The lawsuits against these companies allege design defects leading to serious complications.

8. What are the next steps in the Bard and Covidien MDLs?

The Bard MDL has bellwether trials ongoing, which will help establish settlement values. The Covidien MDL is newer, with Judge Saris appointed to lead the plaintiffs’ committee.

9. How do I know what type of mesh was used in my surgery?

Your medical records will contain this information. Ask your surgeon or request complete medical records that should identify the brand and manufacturer of your mesh implant.

10. What is the average settlement for hernia mesh lawsuits?

While settlements vary, average predictions for C.R. Bard cases range from $65,000-$70,000, with higher amounts for more severe cases. Some individual settlements have reached $1,000,000.

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

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action. In Massachusetts, you have three years from the date of injury discovery to file a hernia mesh lawsuit. Missing this deadline could forfeit your right to compensation.Schmidt & Clark, LLP is here to support you during tough times. If you or a loved one has suffered injuries from hernia mesh complications, reach out to us. Our team is experienced in handling these cases and will guide you through the legal process.We offer:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

Our consultations come at no cost, and you won’t incur any fees unless we secure a victory for your case. Get in touch for a thorough assessment of your hernia mesh case—reach out to us online or give us a call.Reference:

1. https://www.drugwatch.com/hernia-mesh/
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025
3. https://masslawyersweekly.com/2023/11/01/products-liability-limitations-discovery-rule/