Michigan Hernia Mesh Lawsuit | Latest Updates

Michigan Hernia Mesh Lawsuit Overview

In Michigan, hernia mesh lawsuits are typically initiated when patients experience complications due to product defects or medical malpractice related to hernia mesh surgeries. These lawsuits often assert that harm was caused by defective labeling, manufacturing errors, inadequacies in product design, or negligence on the part of the surgeon. 

Over 20,000 cases are currently pending in multidistrict litigation, with more being filed regularly. The FDA has recalled several hernia mesh products due to problems with sterility and quality.

Latest Michigan Hernia Mesh Lawsuit Updates

• September 24, 2020 – Michigan Attorney General Dana Nessel joined other states in securing a $60 million settlement from C.R. Bard over misleading marketing of surgical mesh products, underscoring the state’s active role in addressing mesh-related harm.
• November 2023 – A $500,000 verdict was awarded to the plaintiff in the Stinson Bellwether hernia mesh trial, adding to Bard’s previously faced landmark verdict of $4.8 million in Rhode Island state court.
• October 16, 2023 – The third bellwether trial in the Bard hernia mesh MDL was rescheduled, with the Bard class action hernia mesh MDL accumulating 399 new cases, reaching a total of 20,972 pending cases.
• April 8, 2024 – The fourth bellwether trial concerning complications from the 3DMax hernia mesh has been scheduled.
• March 3-4, 2024 – Mediation scheduling has been ordered, and a new settlement mediation process has been established to aim for resolution.
• March 19, 2025 – Over 1,000 hernia mesh lawsuits are filed in Michigan alone, reflecting a significant rise in claims related to mesh defects and subsequent injuries.

FDA Reports and Statistics

The FDA has received numerous adverse event reports related to hernia mesh products.

In October 2012, the FDA issued a warning letter to Atrium Medical Corporation, noting that the company was failing to adequately address complaints related to infections associated with the C-Qur hernia mesh.

The letter revealed that Atrium Corporation appeared to be ignoring numerous sterility complaints, including at least 35 separate complaints of human hair found in devices that were supposed to be sterile.

According to reports, hernia mesh products have been associated with high failure rates, with studies showing that approximately 20% of mesh repairs fail. This is compared to an estimated 50% failure rate for non-mesh repairs.

Many synthetic hernia mesh implants marketed since 2005 were rushed to the U.S. market using the FDA’s 510k medical devices clearance process, with little to no studies regarding their safety.

Hernia mesh complications that have been reported include:

• Pain reported in a significant percentage of cases
• Infections requiring medical intervention
• Adhesions leading to further complications
• Bowel perforations requiring emergency surgery
• Obstructions causing severe digestive issues
• Hernia recurrence 
• Need for additional surgeries [1]

Hernia Mesh Recall Information

While it’s often difficult to identify which hernia mesh products have been recalled or removed from the market, the following are suspected to cause problems during hernia repairs in the abdominal wall:

• Atrium C-QUR Mesh
• Ethicon Physiomesh
• Ethicon Proceed, Surgical Mesh
• Bard Davol Kugel Hernia Patch Mesh
• Polypropylene Mesh
• Ventralex Hernia Patch

The FDA originally approved Atrium’s C-Qur mesh in March 2006 via the 510(k) approval program, which allowed the mesh to be placed into the marketplace without rigorous safety studies because it was “similar” to another hernia patch already on the market.

On February 3, 2015, the US Department of Justice filed an Atrium C-QUR Hernia Mesh lawsuit against Atrium for introducing adulterated and defective medical devices into the marketplace. Ultimately Atrium was fined $6 million for noncompliance. FDA also issued a permanent injunction.

Hernia Mesh Injuries & Side Effects

Patients who received hernia mesh implants have reported a wide range of severe complications that have significantly impacted their quality of life.

• Chronic Pain: Persistent discomfort that may not respond to standard pain management
• Infections: Abdominal infections that can become systemic if untreated
• Adhesions: Tissues and organs sticking together, causing pain and potential organ dysfunction
• Bowel Perforation: Dangerous condition where mesh erodes into the intestine
• Obstruction: Blockage in the intestines caused by mesh complications
• Nerve Damage: Resulting in numbness, tingling, or chronic pain
• Mesh Migration: Movement of the mesh from the original implantation site
• Fistulas: Abnormal connections between organs or vessels
• Renal Failure: Kidney function impairment in severe cases
• Neurological Issues: Various nervous system complications

“Sometimes symptoms of complications can arise months or years after the implant surgery. Patients may have extreme symptoms that are easy to identify or mild signs that are more difficult to diagnose – National Library of Medicine”

Do You Qualify for a Michigan Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You received hernia mesh implant surgery.
• You experienced serious side effects including infections, chronic pain, adhesions, bowel perforation, obstruction, or hernia recurrence.
• The injuries required medical treatment or hospitalization.
• You can provide medical documentation linking your injuries to the hernia mesh product.

Evidence Required for a Hernia Mesh Lawsuit

To successfully pursue a hernia mesh lawsuit, you will need to provide:

• Medical records documenting your original hernia repair surgery
• Records identifying the specific brand and type of mesh used
• Documentation of complications experienced after surgery
• Medical records of treatments received for mesh-related complications
• Proof of additional surgeries required to address mesh complications

Damages You Can Recover

Victims of hernia mesh lawsuits in Michigan can seek damages covering:

• Medical bills for treatment of complications
• Rehabilitation costs
• Expenses for additional surgeries
• Lost wages due to inability to work
• Compensation for pain and suffering
• Punitive damages in cases of particularly harmful conduct (though these are not common)

Statute of Limitations for Michigan Hernia Mesh Lawsuits

Michigan imposes a three-year statute of limitations from the date of the injury for hernia mesh lawsuits. This stipulates that potential claimants must initiate their lawsuit within three years of discovering their injury. Failing to file within this time frame can lead to a loss of the right to claim.

Related Article: Massachusetts Hernia Mesh Lawsuit

FAQs

1. Why are people filing hernia mesh lawsuits?

People are filing hernia mesh lawsuits because of complications resulting from faulty products or medical malpractice. These claims often involve design issues, manufacturing errors, and insufficient warnings about potential side effects and serious complications.

2. What types of claims are being filed in hernia mesh lawsuits?

The most common claims in hernia mesh lawsuits are medical malpractice and defective product claims, or a combination of these. Product liability cases constitute a significant portion of hernia mesh lawsuits, where claimants argue the harm caused by defective hernia mesh products based on defective labeling, manufacturing, product design, or medical malpractice.

3. What is hernia mesh?

Hernia mesh is a surgical product used in hernia repair surgery, available in various types and manufactured by multiple companies [2]. The mesh, which can be made from synthetic materials or animal tissues, is designed to support and strengthen weakened or damaged tissue.

4. What complications are named in hernia mesh lawsuits?

According to research, lawsuits related to hernia mesh often cite complications such as pain, infection, adhesion, bowel perforation, obstruction, hernia recurrence, and the necessity for further surgeries. These complications can impact victims’ quality of life and result in substantial medical costs.

5. Which manufacturers are involved in hernia mesh lawsuits?

Several manufacturers are involved in hernia mesh lawsuits, including Gore Medical, LifeCell Corporation, Medtronic, Atrium Medical, Braun Melsungen AG, C.R. Bard, and Ethicon. These lawsuits allege issues with defective labeling, manufacturing, and product design.

6. What are the typical settlement amounts in hernia mesh lawsuits?

Hernia mesh settlement amounts in Michigan typically range from $65,000 to $80,000, although some cases have seen settlements reach as high as $1 million. In 2011, C.R. Bard agreed to pay $184 million to settle 2,600 state and federal suits over its hernia mesh patches.

7. What role does multidistrict litigation (MDL) play in hernia mesh cases?

Multidistrict litigation plays a significant role in Michigan hernia mesh cases. The bellwether trials, which are part of the MDL process, test the strength of the plaintiffs’ claims and can influence settlement negotiations for other lawsuits in the MDL.

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

The resolution of complex product liability cases, such as those involving hernia mesh, can take three to seven years, depending on the willingness of the manufacturer to negotiate a mutually acceptable solution.

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

Get a Free Michigan Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. Michigan’s statute of limitations gives you only 3 years from the date of injury to file your claim.

At Schmidt & Clark, LLP, we offer:

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

References

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