Montana Hernia Mesh Lawsuit: Get the Right Attoreny

Recent legal updates in Montana have brought significant attention to the ongoing hernia mesh patch lawsuit. With new developments in the case, many individuals are now considering their options for seeking justice if they’ve experienced issues with these medical devices.

But what implications do these changes have for you if you have a hernia mesh implant? How can you assess your eligibility to join the lawsuit, and what potential outcomes should you anticipate?

In this article, we will address these important questions and offer key insights into the Montana hernia mesh patch lawsuit. Keep reading to learn about your rights and how you can take the next steps.

Quick Summary

• The frequency of hernia mesh lawsuits is increasing due to complications from defective implants. Over a million hernia repairs are done annually, fueling legal action.
• Montana recently received a part of a $60 million settlement related to C.R. Bard’s deceptive marketing of surgical mesh. Current settlements range from $65,000 to $1 million, depending on the case.
• The hernia mesh MDL includes over 20,000 cases nationwide. Mediation sessions and bellwether trials are in progress to resolve these cases efficiently.

Hernia Mesh Lawsuits

The frequency of hernia mesh lawsuits is on the rise nationwide, largely because of complications linked to faulty hernia mesh implants. With over a million hernia repair surgeries performed annually, it’s no surprise that issues have arisen.

Recently, Montana received a substantial settlement as part of a $60 million multistate settlement for C.R. Bard Inc.’s deceptive marketing of transvaginal surgical mesh devices. The lawsuit alleged that the company failed to disclose serious risks associated with surgical mesh devices, including chronic pain, scarring, and infection.

Currently, C.R. Bard is defending against over 18,000 hernia mesh lawsuits claiming that its devices caused injuries and complications in patients. As settlements are being negotiated, it is advisable for victims to promptly engage legal representation due to imposed claim filing deadlines by the statute of limitations. These lawsuits are part of a nationwide litigation involving thousands of cases pending in courts across the U.S.

What Is Hernia Mesh?

Hernia mesh is a medical device, often made of synthetic fabric like polyester or polypropylene, designed to be implanted within the abdominal wall to provide support to weakened or damaged tissue during the healing process after hernia surgery [1].

It is available in various forms, including both absorbable and non-absorbable varieties. It is utilized not only for hernia repairs but also for other conditions, such as pelvic organ prolapse and stress urinary incontinence in women.

While non-absorbable hernia mesh is a permanent implant intended to provide long-term reinforcement, absorbable mesh dissolves over time, allowing new tissue growth to provide strength. Despite its benefits, there are circumstances, such as infected sites, where surgical mesh is not recommended for hernia repair.

Latest Hernia Mesh Lawsuit Updates

Montana continues to see a high volume of new cases, with an estimated 300 new cases filed nationwide each month.

• Mediation Process: A settlement conference was set for March 4-5, 2024. If unsuccessful, parties must notify the court by May 24, 2024.
• Multidistrict Litigation (MDL): Montana cases are part of the herniamesh MDL, one of the largest mass torts with over 20,000 cases.
• Upcoming Bellwether Trial: Scheduled for April 8, 2024, involving plaintiff Jacob Bryan and the Bard 3DMax mesh.

The Role of Multidistrict Litigation (MDL) in Montana Cases

MDL helps manage the high volume of hernia mesh lawsuits by grouping similar cases together for pre-trial proceedings. Montana cases are included in MDL to:

• Ensure faster resolutions through shared evidence.
• Streamline court proceedings without losing individual case value.
• Increase chances of favorable settlements through mass negotiations.

Currently, plaintiff lawyers are pushing for a new Case Management Order to speed up the process and possibly remand Bard hernia mesh lawsuits back to their original courts for trial.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because of the significant hernia mesh injuries and complications stemming from the use of defective hernia mesh products. Those who have undergone hernia repair surgeries and were implanted with these meshes have reported severe complications.

These alarming complications are often the reasons behind the legal actions against the manufacturers.

Moreover, the lawsuits frequently cite hernia mesh products manufactured by hernia mesh manufacturer companies such as Ethicon, C.R. Bard, Covidien, and Atrium Medical Corp., which have been identified as being responsible for the injuries.

This is the conclusion drawn from the investigation. Specific hernia mesh products involved in Montana litigation include Ethicon’s Physiomesh, Atrium’s C-Qur mesh, and Bard’s Kugel mesh. These products have been reported as more susceptible to tearing or ripping, contributing to their litigation cases.

Complications Named in the Lawsuits

According to 2022 research by Science Direct, several complications endured by patients are mentioned in the hernia mesh lawsuits. Chronic pain lasting longer than six months post-surgery may suggest complications such as nerve injury or inflammation [2].

Another severe complication is mesh migration, which can cause adverse health effects like fistulas, adhesions, abscesses, and infections.

Bowel obstruction, a serious health emergency, can be caused by hernia mesh moving and ensnaring intestinal loops. Furthermore, hernia mesh failure is linked to an array of complications, including:

• adhesion
• infection
• shrinkage
• mesh migration
• perforation of organs
• mesh rejection

These complications can lead to diverse health issues ranging from pain and bowel obstruction to systemic symptoms like flu-like signs.

Do You Qualify for a Montana Hernia Mesh Lawsuit?

You may be eligible to file a claim if you:

• Had hernia repair surgery on or after January 1, 2006.
• Experienced severe complications, including: Chronic pain lasting over six months, Infection or abscess formation, Mesh migration leading to bowel obstruction or Organ perforation, adhesion, or rejection.
• Required revision of hernia mesh surgery to correct mesh-related issues.
• Used a hernia mesh product from C.R. Bard, Ethicon, Covidien, or Atrium Medical Corp.

Check Your Eligibility Now: Contact a Montana hernia mesh attorney for a free case evaluation before the statute of limitations expires.

Studies have shown that surgical mesh can reduce the rate of hernia recurrence. However, some hernia mesh also has a high failure rate and can cause severe or even life-threatening complications. – National Library of Medicine

Hernia Mesh Lawsuit Settlement Amounts in Montana

The settlement amounts in Montana’s hernia mesh lawsuits hinge on the specific details of each case. The largest settlement amount in hernia mesh lawsuits to date was $184 million by Bard (then C.R. Bard) in 2011 for approximately 3,000 cases related to the Kugel Mesh Hernia Patch. Ethicon reached another notable settlement in a Georgia multidistrict litigation, which involved 224 lawsuits.

United States hernia mesh lawsuits have seen settlements reach up to $1 million for some claimants. However, the average settlement range for hernia mesh cases is forecasted to be $65,000-$70,000, subject to variation by individual case details.

Recent verdicts, including a $500,000 jury award in 2023 and a $4.8 million verdict in 2022, demonstrate support for the successful litigation of hernia mesh lawsuits.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Montana

Victims of hernia mesh complications in Montana can pursue different kinds of compensation, such as:

• Medical costs
• Lost earnings
• Pain and discomfort
• Wrongful death
• Other damages

If they require a second hernia repair surgery to correct issues from a defective hernia mesh implant, they may be eligible for a cash settlement.

In such cases, a specialized hernia mesh attorney can assess the injuries and financial impacts suffered to estimate the potential value of the settlement in a lawsuit. Claims in Montana specifically demand compensation for:

• Medical bills
• Pain and suffering
• Mental anguish
• Lost wages
• Personal expenses
• Family support

Filing a Montana Hernia Mesh Lawsuit

There are several steps involved in filing a hernia mesh lawsuit in Montana. It begins with consulting a law firm like Sokolove Law for a free case evaluation to assess the validity of your claim. The legal team will start collecting essential evidence, including medical records and expert testimony, to build a robust case.

The steps to file a hernia mesh lawsuit in Montana are as follows:

1. Ensure compliance with Montana’s statute of limitations to ensure eligibility for potential compensation.
2. File the lawsuit.
3. Pursue negotiations for a settlement.
4. If an agreement cannot be reached, proceed to trial.

Types of Evidence To Present

• Medical records confirming mesh complications and required surgeries.
• Doctor reports indicating the severity of injuries.
• Expert testimony from medical professionals detailing future medical costs.

Expert testimony is crucial as a medical expert can:

• Attest to the complications caused by the hernia mesh
• Explain the reasons behind the need for additional surgeries
• Provide an opinion on the expected future medical needs and the cost associated with them.

What Is the Montana Statute of Limitation for Filing a Hernia Mesh Lawsuit?

The Montana statute of limitations for filing a hernia lawsuit is 3 years from the date of injury for filing a hernia mesh lawsuit. This time limit is governed by Montana Statute § 27-2-202, emphasizing the urgency for victims to file their claims within this period to preserve their rights.

However, there are exceptions to this rule. Victims in Montana may invoke equitable estoppel if the defendant’s actions caused them to miss the filing deadline, provided they demonstrate due diligence upon learning of their claim’s necessity.

Related Articles:

• Missouri Hernia Mesh Lawsuit
• Minnesota Hernia Mesh Lawsuit Attorney
• Mississippi Hernia Mesh Lawsuit

FAQs

What are the most common complications of hernia mesh implants?

Common complications include chronic pain, infection, mesh migration, bowel obstruction, organ perforation, adhesion to other tissues, and the need for additional surgeries to remove or replace the mesh.

Can hernia mesh patches lead to long-term health issues?

Yes, long-term health issues can include chronic pain, ongoing infections, mesh shrinkage, and adhesion to other organs, which may require further medical interventions.

What is the role of multidistrict litigation (MDL) in hernia mesh lawsuits?

MDL consolidates multiple similar lawsuits to streamline pre-trial processes and reduce the burden on courts. Each case remains separate but shares common factual questions, and outcomes from bellwether trials can influence other cases.

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

Get Your Free Consultation From Montana Hernia Mesh Lawyers

The legal experts at Schmidt & Clark, LLP, stand by to assist you during challenging times. Should you or someone close to you experience complications from hernia mesh, we’re ready to step in.

Our seasoned attorneys specialize in these claims and will navigate you through every step of the legal journey. We’re dedicated to helping you grasp your legal options and evaluate whether you have a valid hernia mesh lawsuit.

Our consultations come at no cost, and we operate on a contingency fee basis—you won’t pay unless we secure a victory for your case.

Reference:

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