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Michigan Hernia Mesh Lawsuit Attorney

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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

  • Comprehensive Legal Support: We provide comprehensive legal support to individuals affected by complications arising from hernia mesh implants, guiding them through the legal process with compassion and expertise
  • Transparency and Communication: We prioritize transparency and communication, keeping our clients informed about the progress of their cases and addressing any concerns or questions they may have along the way
  • Contingency Fee Basis: Our firm operates on a contingency fee basis, meaning our clients only pay legal fees if we successfully recover compensation on their behalf, ensuring access to justice for all individuals regardless of financial resources

Hernia Mesh Lawsuits

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 faults such as defective labeling, manufacturing errors, inadequacies in product design, or negligence on the part of the surgeon.

Complications prompting these lawsuits, also known as hernia mesh injuries, include bowel perforation, obstruction, severe pain, infection, adhesion, and mesh migration. One such complication is a hernia mesh injury, which can have serious consequences for the affected individual.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is a surgical product utilized in hernia repair surgery, comes in a variety of types, and is produced by several companies [1]. A number of these companies are currently dealing with lawsuits due to complications linked to their hernia mesh implants.

The mesh, which can be made from synthetic materials or animal tissues, is designed to support and strengthen weakened or damaged tissue.

Despite its usefulness, hernia mesh has been associated with various complications, including defective hernia mesh implant issues. The FDA has even recalled several products due to problems with sterility and quality, including counterfeit meshes masquerading as brand names.

This has contributed to a rise in hernia mesh lawsuits, with victims asserting harm from defective products or medical malpractice.

Latest Hernia Mesh Lawsuit Updates

As of late, hernia mesh lawsuits have seen significant developments. Bellwether trials have been held, settlements have been reached, and the number of cases filed against manufacturers continues to grow. These updates provide a glimpse into the current state of hernia mesh litigation and can offer potential claimants an understanding of what they might expect when filing their lawsuits.

In November 2023, a $500,000 verdict was awarded to the plaintiff in the Stinson Bellwether hernia mesh trial. This added to Bard’s previously faced landmark verdict of $4.8 million in Rhode Island state court.

The third bellwether trial in the Bard hernia mesh MDL was rescheduled to October 16, 2023, and the fourth bellwether trial, set for April 8, 2024, concerns complications from the 3DMax hernia mesh.

The Role of Multidistrict Litigation (MDL) in Michigan Cases

Multidistrict litigation (MDL) plays a significant role in Michigan hernia mesh cases. With ongoing trials and settlements, MDLs have a significant impact on future cases and can shape the legal landscape for hernia mesh lawsuits.

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.

The Bard class action hernia mesh MDL accumulated 399 new cases up until November 14, 2023, reaching a total of 20,972 pending cases.

New allegations from plaintiff Jacob Bryan’s case indicate significant complications from the 3DMax hernia mesh. Mediation scheduling has been ordered for March 3-4, 2024, with a new settlement mediation process established aiming for resolution.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because of complications resulting from faulty products or medical malpractice. Often, these claims involve issues with design, manufacturing errors, and insufficient warnings.

To establish a claim, it must be demonstrated that the surgeon breached their duty of care through actions such as incorrect diagnosis, usage of a faulty implant, or serious surgical mistakes.

Moreover, surgeons could face lawsuits for medical malpractice if they failed to provide appropriate follow-up care for patients who received recalled or counterfeit hernia mesh products.

Fundamental to establishing the grounds for a hernia mesh lawsuit is discerning between an instance of medical negligence, an unavoidable injury, or a simple error of judgment.

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 diagnoseNational Library of Medicine

Types of Claims Being Filed

Victims of hernia mesh complications in Michigan are filing lawsuits under different grounds. The most common 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.

The basis for these lawsuits can involve:

  • Defective labeling
  • Defective manufacturing
  • Defective product design
  • Medical malpractice

Each type of claim requires different evidence and legal arguments, emphasizing the complexity of these lawsuits and the importance of having a skilled hernia mesh attorney.

Complications Named in the Lawsuits

According to a 2020 research by Science Direct, lawsuits related to hernia mesh often cite complications such as [2]:

  • pain
  • infection
  • adhesion
  • bowel perforation
  • obstruction
  • hernia recurrence
  • the necessity for further surgeries

These debilitating complications can impact the quality of life of victims and result in substantial medical costs.

Specific mesh-related complications reported include:

  • Chronic pain
  • Nerve damage
  • Abdominal infections
  • Bowel adhesions
  • Intestinal perforations
  • Liver problems
  • Fistulas
  • Renal failure
  • Neurological issues

Proving further damages in hernia mesh lawsuits can be complex when the mesh is interwoven with organs and tissues, causing extensive complications.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have experienced complications due to a defective hernia mesh product or medical malpractice related to hernia mesh surgery qualify to file a hernia mesh lawsuit.

These lawsuits often rest on the grounds of design defects, manufacturing faults, and inadequate warnings.

Hernia mesh attorneys in Michigan assist clients through complex legal frameworks involving possible defective labeling, manufacturing, design issues, or medical malpractice claims. These specialized lawyers conduct personal reviews of patient cases to determine the prospects of a lawsuit related to mesh product defects or surgical issues.

Manufacturers Involved in Lawsuits

Several hernia mesh manufacturers are involved in lawsuits, with claims that they failed to provide adequate warnings about potential side effects and serious complications associated with their products.

Michigan lawsuits against manufacturers allege issues with defective labeling, manufacturing, and product design of hernia mesh products, involving companies such as Gore Medical, LifeCell Corporation, Medtronic, Atrium Medical, Braun Melsungen AG, C.R. Bard, and Ethicon.

Hernia Mesh Lawsuit Settlement Amounts in Michigan

Hernia mesh settlement amounts in Michigan lawsuits typically range from $65,000 to $80,000, although some cases have seen settlements reach as high as $1 million. These amounts reflect the severity of the injuries sustained by claimants and the impact of these injuries on their lives.

For example, in 2011, C.R. Bard agreed to pay $184 million to settle 2,600 state and federal suits over its hernia mesh patches, indicating the potential for high-value settlements in some cases.

However, it’s important to remember that 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.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Michigan

Victims of hernia mesh lawsuits in Michigan can seek damages covering medical bills, rehabilitation costs, additional surgeries, lost wages, and compensation for pain and suffering.

Compensation amounts in hernia mesh lawsuits are influenced by the severity of injuries sustained, economic losses such as lost wages and medical expenses, and the overall impact on the claimant’s quality of life.

In cases where the defendant’s conduct was particularly harmful, plaintiffs in Michigan may also pursue punitive damages. However, such awards are not common and are contingent upon the specifics of the case. Victims need to consult with a seasoned hernia mesh lawyer to understand their potential compensation.

Filing a Michigan Hernia Mesh Lawsuit

Navigating this process can be daunting, which is why many victims of hernia mesh complications opt to work with experienced hernia mesh lawyers.

These legal professionals can provide invaluable guidance and support throughout the process, ensuring that all necessary steps are taken and deadlines are met.

Types of Evidence To Present

In a lawsuit concerning hernia mesh, evidence plays a pivotal role. Medical records provide evidence of the mesh implant surgery and any complications that followed, which are fundamental in determining a claimant’s eligibility.

Detailed medical records like surgical and discharge summaries, records of any subsequent surgeries, and imaging studies all serve as proof of the implantation of the hernia mesh and any resulting complications.

Moreover, it’s crucial to procure medical documentation specifying the manufacturer details of the mesh. This helps demonstrate the link between the hernia mesh implant and the injuries sustained.

Law firms specializing in hernia mesh litigation can assist clients in navigating the medical records acquisition process, a crucial step in building a solid case.

Michigan Statute of Limitation

For hernia mesh lawsuits, Michigan imposes a three-year statute of limitations from the date of the injury. This stipulates that potential claimants need to initiate their lawsuit within three years from when they discovered their injury.

Failing to file a hernia mesh lawsuit within this time frame can lead to a loss of the right to claim. This underscores the importance of taking prompt action if you believe you have a potential hernia mesh lawsuit.

Related Articles:

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

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Get Your Free Consultation From Michigan Hernia Mesh Lawyers

The legal team at Schmidt & Clark, LLP stands by your side during challenging times. If you or someone close to you has endured complications from hernia mesh, we are here to help. With extensive experience in hernia mesh litigation, our attorneys will navigate you through every step of the legal journey.

We are dedicated to clarifying your legal options and assessing your eligibility for filing a hernia mesh lawsuit. Our consultations are complimentary, and we operate on a contingency fee basis, meaning you owe us nothing unless we secure a victory in your case.

We treat every client with the same care and commitment as we would our family members. Get in touch for a thorough case review regarding your hernia mesh complications.

Reference:

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

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