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Massachusetts Hernia Mesh Lawsuit Attorney

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Collen Clark Published by Collen Clark

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

  • Explore comprehensive analyses of past and current compensation patterns for hernia mesh lawsuits within the state: Our guide examines the range of settlements and verdicts previously awarded in Massachusetts, providing a clearer picture of what plaintiffs might expect in terms of financial restitution.
  • Stay updated with real-time changes and updates in the legal landscape surrounding hernia mesh lawsuits in Massachusetts: Our guide includes resources for ongoing education and updates, ensuring you remain informed about new legal precedents, changes in legislation, and evolving litigation strategies that could impact your case.
  • Understanding your rights is not just recommended; it’s essential: That’s why our guide goes beyond just presenting facts; it aims to educate and empower you, ensuring you have a clear understanding of your legal rights and the implications of the hernia mesh litigation in Massachusetts.

Hernia Mesh Lawsuits

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 injuries.

For instance, Covidien faces nearly 900 Covidien hernia mesh lawsuits in the Covidien hernia mesh cases MDL, with more complications related to their 2013 separation from opioid manufacturer Mallinckrodt Plc.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is a medical device engineered to reinforce hernia repair surgeries [1]. Specifically, it is also known as surgical mesh and functions by:

  • a woven fabric
  • typically made from synthetic materials
  • implanted during hernia repair surgery to reinforce weakened or damaged tissue
  • serves as a scaffold on which new tissue can grow, ultimately leading to a stronger hernia repair.

However, not all hernia meshes are created equal. They come in various types and materials, with each manufacturer putting its spin on the design and composition.

For instance, Covidien’s hernia mesh devices, which are predominantly polyester-based, received FDA clearance based on substantial equivalence to existing products without pre-market human studies.

Latest Hernia Mesh Lawsuit Updates

Keeping abreast of the latest developments in the ever-changing landscape of hernia mesh lawsuits is vital. Recently, the Bard hernia mesh lawsuit saw a denied appeal on February 2, 2024, after a jury awarded $500,000 to a plaintiff, reflecting a favorable trend for plaintiffs. In addition, a significant trial outcome is expected from the bellwether trial, Stinson v. C.R.

Moreover, settlement mediation was ordered for the Bard hernia mesh lawsuit on February 25, 2024, suggesting the possibility of a resolution without further trials.

Meanwhile, the total count of C.R. Bard hernia mesh class action cases reached 21,169 as of January 2024. These developments signal a direction toward successful plaintiff outcomes and increased pressure on manufacturers for settlement negotiations.

The Role of Multidistrict Litigation (MDL) in Massachusetts Cases

Multidistrict Litigation, commonly referred to as MDL, serves as a significant factor in hernia mesh lawsuits. MDL is a procedural tool used in federal court to consolidate similar cases in one court, expediting the legal process and encouraging settlements. For instance, in the Bard hernia mesh MDL, nearly 600 new cases were added since October 2023, bringing the total to around 21,000 cases.

MDL, within the framework of hernia mesh lawsuits in Massachusetts, simplifies the litigation process, promoting efficiency and ease for all parties involved. It facilitates the sharing of resources, promotes consistency in court rulings, and can lead to settlements that benefit both plaintiffs and defendants.

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 committeeRonald V. Miller Jr.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits due to complications and injuries caused by defective hernia mesh products. Patients who underwent hernia repair surgeries at esteemed Massachusetts hospitals such as Massachusetts General Hospital Brigham and Women’s Hospital have found themselves embroiled in legal battles due to post-surgical complications.

These complications, which we’ll discuss in more detail in the next section, have led to significant physical, financial, and emotional distress for the affected patients.

By filing a lawsuit, these patients are seeking justice and compensation for their suffering, and in doing so, they are shining a spotlight on a pressing medical issue that demands attention and resolution.

Complications Named in the Lawsuits

According to a 2020 research by Science Direct, the complications associated with hernia mesh implants are as varied as they are devastating. On July 15, 2023, the FDA released new guidance to inform consumers about risks associated with hernia surgery mesh. Some of the complications include [2]:

In the lawsuits, a host of serious injuries from hernia mesh complications are listed, including:

  • Adhesions
  • Hernia recurrence
  • Intestinal blockage
  • Mesh migration
  • Organ perforation
  • Infection

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.

Moreover, these complications can occur at least 30 days post-surgery, especially in cases requiring follow-up surgeries such as hernia revision surgery. Patients who suffer from these severe complications may meet the eligibility criteria for filing a hernia mesh lawsuit.

Who Qualifies To File a 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.

Hernia Mesh Lawsuit Settlement Amounts in Massachusetts

The financial outcomes of hernia mesh lawsuits can vary widely, depending on the specifics of the case. Some individuals have received as much as $1,000,000, while average settlements are estimated to range between $65,000 and $85,000.

For instance, Johnson & Johnson and Ethicon Inc. settled 161 hernia mesh lawsuits on June 1, 2023, and a settlement was reached in a Georgia MDL involving 224 lawsuits on December 5, 2023.

Moreover, the outcomes of bellwether trials, which test a few cases as representatives for a larger group, play a significant role in shaping potential settlement offers for subsequent cases and establishing valuation benchmarks for similar claims.

For instance, mediations scheduled for early March 2024 aim to expedite the settlement process in the C.R. Bard hernia mesh lawsuits, with average settlement predictions ranging from $65,000-$70,000.

However, it’s important to note that compensation awarded in hernia mesh lawsuits may not always be publicly announced, adding a level of unpredictability to the understanding of potential financial outcomes. Nevertheless, these settlements demonstrate the potential for substantial compensation for affected plaintiffs.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Massachusetts

Having discussed the probable settlement figures, let’s explore the potential compensations for victims of hernia mesh lawsuits in Massachusetts. 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.

Additionally, a plaintiff’s compensation can be influenced by the outcomes of the next hernia mesh trial, such as the third Bard bellwether trial, which can significantly influence settlement negotiations and impact overall compensation trends for hernia mesh lawsuits.

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.

Filing a Massachusetts Hernia Mesh Lawsuit

If you’re contemplating initiating a hernia mesh lawsuit in Massachusetts, comprehending the process is pivotal. The legal process for hernia mesh lawsuits encompasses various stages, with the discovery phase being a critical part of the process where involved parties must exchange detailed information.

Potential plaintiffs should act quickly in initiating a lawsuit, as attorneys may not accept new clients after they have reached settlements for existing cases.

Types of Evidence To Present

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

  • Medical records
  • Documentation of damages and losses
  • A detailed account of the surgery and associated problems
  • Knowing the brand and manufacturer of your mesh implant can be found in 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 revision surgery, as it is to be stored and preserved as vital evidence in hernia mesh lawsuits.

Massachusetts Statute of Limitation

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. This means that you have three years from the date you discovered or should have reasonably discovered the injury to file a lawsuit [3]. Therefore, it’s crucial to act quickly.

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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 Massachusetts Hernia Mesh Lawyers

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’ll help you understand your rights and determine if you’re eligible for a hernia mesh lawsuit.

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/

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