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If you or a loved one experienced chronic pain, infection, nerve damage, or organ perforation following hernia repair surgery, you may be entitled to pursue compensation.
At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective hernia mesh products.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.
Table Of Contents
- Hernia Mesh Lawsuit Overview
- Latest Hernia Mesh Lawsuit Updates
- FDA Reports and Statistics
- Hernia Mesh Injuries & Side Effects
- Do You Qualify for a Hernia Mesh Lawsuit?
- Hernia Mesh Recall Information
- Statute of Limitations for Hernia Mesh Lawsuits
- FAQs
- 1. What is hernia mesh and why is it used?
- 2. How much are hernia mesh lawsuits worth in Minnesota?
- 3. What are the long-term risks of hernia mesh implants?
- 4. Can hernia mesh be removed if it causes complications?
- 5. How long do I have to file a hernia mesh lawsuit in Minnesota?
- 6. Who is eligible to file a hernia mesh lawsuit?
- 7. What manufacturers are being sued for defective hernia mesh?
- 8. What is a multidistrict litigation (MDL) and how does it affect my case?
- 9. How does the settlement process work for hernia mesh cases?
- 10. Will I need to go to court for my hernia mesh lawsuit?
- Take Action Now: Time-Sensitive Legal Claims
- References:
Hernia Mesh Lawsuit Overview
have become a significant legal issue in Minnesota, with numerous cases targeting manufacturers like Bard and Covidien.
These lawsuits primarily allege that defective mesh implants caused severe complications requiring additional surgeries and resulting in chronic health problems.
Over 20,000 cases are currently pending in Minnesota as part of the Bard hernia mesh MDL class action against C.R. Bard.
The surge in litigation reflects widespread problems with various hernia mesh products, with many patients experiencing life-altering complications.
What Is Hernia Mesh?
According to Boston Hernia, hernia mesh is also known as surgical mesh, and it is a medical device used to repair hernias. This common condition occurs when an organ, intestine, or fatty tissue squeezes through a hole or a weak spot in the surrounding muscle or connective tissue [1].The mesh is often used in surgeries to provide additional support to weakened or damaged tissue. It’s no wonder that most patients see hernia mesh as a lifesaver, given its intended purpose.Unfortunately, the reality is not so simple. There have been numerous cases where the hernia mesh implants, instead of helping, have caused severe complications and injuries.
Latest Hernia Mesh Lawsuit Updates
April 8, 2024
– Upcoming bellwether trials in the Covidien hernia mesh Multi-District Litigation (MDL) are set to take place, with a particular case involving complications from the 3DMax hernia mesh scheduled for trial.
March 2024 – Ongoing settlement talks continue with an appointed mediator working to negotiate a global settlement for C.R. Bard hernia mesh cases, with mediation scheduling set for early March.
January 2024 – 20,973 cases were reported pending against C.R. Bard in the hernia mesh class action MDL, showing the significant scale of this litigation.
November 2023 – 399 new cases were added to the litigation against C.R. Bard, bringing the total pending cases to 21,169 and demonstrating the continuing growth of hernia mesh claims.
The substantial increase in hernia mesh litigation is primarily due to individuals experiencing severe complications after surgeries involving these implants. This growing caseload has necessitated the use of Multidistrict Litigation (MDL) to efficiently manage the large volume of similar cases.
FDA Reports and Statistics
The FDA has collected extensive data on adverse events related to hernia mesh products over the past five years.
National statistics show concerning patterns:
- Thousands of adverse event reports have been filed with the FDA regarding hernia mesh complications
- Multiple regulatory warnings have been issued about specific hernia mesh products
- Several manufacturers have faced FDA scrutiny regarding the safety of their mesh devices
- Reports show patterns of recurring complications including infections, pain, and device failure
These statistics highlight the significant safety concerns surrounding hernia mesh products and support the claims made in the ongoing litigation.
Hernia Mesh Injuries & Side Effects
Patients implanted with hernia mesh have reported a range of serious complications that can develop shortly after surgery or years later, often requiring additional medical interventions.
According to a 2020 research by Science Direct, the complications cited in hernia mesh implant lawsuits are not minor.
They are severe, life-altering, and, in some cases, life-threatening. Some common complications include [2]:
- Chronic Pain: Persistent discomfort that can be constant or activity-related, significantly impacting quality of life
- Deep Infection: Serious bacterial infections that may require long-term antibiotic treatment or surgical intervention
- Nerve Damage: Injury to nearby nerves resulting in chronic pain, numbness, or loss of sensation
- Organ Perforation: Puncturing of organs due to mesh migration causing serious and potentially life-threatening complications
- Mesh Migration: Movement of the mesh from its original placement to other areas of the body
- Adhesions: Abnormal bonding between the mesh and surrounding tissues or organs
- Seroma Formation: Collection of fluid that can lead to swelling and infection
- Fistula Development: Abnormal connections between organs or tissues
While mesh does improve most hernia repairs, there are small risks associated with them. These risks include infection, chronic pain, and extremely rarely an allergic reaction – American Hernia Society
Do You Qualify for a Hernia Mesh Lawsuit?
You may qualify for a hernia mesh lawsuit in Minnesota if:
- You underwent hernia repair surgery with mesh implantation
- You experienced serious complications such as chronic pain, infection, nerve damage, or organ perforation
- Your complications required additional medical treatment or revision surgery
- You can provide medical documentation linking your injuries to the hernia mesh
Eligibility isn’t limited to recent cases – even if your hernia mesh surgery occurred over a decade ago, you might still qualify if you’ve experienced complications. The first step is to contact a Minnesota personal injury lawyer for a consultation to evaluate your case.
Evidence Required for a Hernia Mesh Lawsuit
When filing a hernia mesh lawsuit, you’ll need to present substantial evidence to support your claim, including:
- Detailed medical records showing the nature of your injuries, treatments, and ongoing medical issues
- Documentation of complications, such as medical reports, pictures, and testimonies from healthcare providers
- Expert testimony from medical professionals who can explain the connection between your complications and the mesh
- Records of all medical visits, symptoms, and treatments related to your hernia mesh complications
While you don’t need to know the mesh manufacturer initially to file a claim, this information can be determined through your medical records.
Damages You Can Recover
The potential compensation that victims of hernia mesh lawsuits in Minnesota can receive depends on various factors and may include:
- Medical Expenses: Costs of treatments, surgeries, and ongoing care
- Lost Wages: Compensation for income lost due to recovery and medical complications
- Pain and Suffering: Damages for physical pain and emotional distress
- Reduced Quality of Life: Compensation for the impact on relationships and independence
- Financial Losses: Additional expenses incurred due to the injury
It’s important to note that the choice of attorney can significantly influence the outcome of your case and the compensation you receive.
Hernia Mesh Lawsuit Settlement Amounts in Minnesota
The settlement amounts in hernia mesh lawsuits can vary widely from case to case, with some settlements reaching as high as $1.5 million. However, average settlement amounts for hernia mesh lawsuits in Minnesota often range between $5,000 and $1 million.While these figures give a rough idea of potential settlement amounts, they should not be taken as guaranteed outcomes, as each case is unique.The extent of damages and injuries influences the hernia mesh settlement amount suffered due to the defective hernia mesh. This includes complications that may have long-term impacts.In previous hernia mesh litigation involving C.R. Bard’s Kugel Hernia Mesh product, a $184 million global settlement resulted in an average of about $70,000 per claim. This demonstrates a precedent for settlement amounts in hernia mesh cases.However, it’s important to understand that not all claimants receive the same amount in settlements, as compensation is often distributed based on the severity of injuries and other factors through a tiered system.
Hernia Mesh Recall Information
While the original article doesn’t specify particular hernia mesh recalls in Minnesota, it’s worth noting that several hernia mesh products have been subject to FDA recalls nationwide.
These recalls have involved various manufacturers including C.R. Bard, Ethicon, and others due to issues such as packaging defects, material degradation, and high complication rates.
The widespread nature of these recalls has strengthened many plaintiffs’ claims that these products were defectively designed or manufactured, providing important evidence in ongoing litigation.
Statute of Limitations for Hernia Mesh Lawsuits
In Minnesota, the statute of limitations for filing a hernia mesh lawsuit is typically 4 years from the date of injury. This means you have 4 years from the date you first suffered injuries due to the defective hernia mesh to file your lawsuit.
Certain legal disabilities, such as being a minor, in a coma, or incarcerated, may extend this statute of limitations beyond the standard time frame. Given these timeframes, it’s crucial to consult with an attorney as soon as possible if you believe you’ve been injured by a hernia mesh product.
Related Articles:
FAQs
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for hernia mesh complications. In Minnesota, you generally have only 4 years from the date of your injury to file a claim. Waiting too long could permanently forfeit your right to seek compensation.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our services
- Payment only if we win your case
- Compassionate, experienced representation through every step of the process
Don’t delay in seeking the justice and compensation you deserve for the suffering caused by defective hernia mesh products. Contact us today to understand your legal options and begin the process of filing your claim.
References:
- https://bostonhernia.com/faq/what-is-hernia-mesh/
- https://www.sciencedirect.com/science/article/pii/S2666138120300025