Montana Hernia Mesh Lawsuit in 2025: Get the Right Attoreny

Montana Hernia Mesh Lawsuit Overview

The frequency of hernia mesh lawsuits is rapidly increasing nationwide due to complications from defective implants.

With over a million hernia repair surgeries performed annually, thousands of patients have reported serious complications.

Several major manufacturers including Ethicon, C.R. Bard, Covidien, and Atrium Medical Corp face legal challenges over their products.

Latest Hernia Mesh Lawsuit Updates

• March 4-5, 2024 – Settlement conference scheduled for hernia mesh cases. If mediation is unsuccessful, parties must notify the court by May 24, 2024.
• April 8, 2024 – Upcoming bellwether trial involving plaintiff Jacob Bryan and the Bard 3DMax mesh product.
• January 2024 – Montana received part of a $60 million multistate settlement related to C.R. Bard’s deceptive marketing of surgical mesh devices. The manufacturer failed to disclose serious risks associated with their products.
• Ongoing – The hernia mesh MDL includes over 20,000 cases nationwide, with approximately 300 new cases being filed each month. C.R. Bard alone is defending against more than 18,000 lawsuits.

FDA Reports and Statistics

According to FDA data and medical research, hernia mesh complications have been extensively documented:

• Over a million hernia repairs are performed annually in the United States
• Studies by the National Library of Medicine show that while surgical mesh can reduce hernia recurrence, some products have high failure rates
• FDA adverse event reports show thousands of complications related to hernia mesh implants
• Montana joins multiple states in litigation against mesh manufacturers

Hernia Mesh Injuries & Side Effects

According to 2022 research by Science Direct, patients have reported numerous severe complications from hernia mesh implants [1].

• Chronic Pain: Persistent pain lasting longer than six months after surgery
• Infection: Including abscess formation requiring antibiotic treatment or surgical intervention
• Mesh Migration: Movement of the mesh causing adhesions, fistulas, and other complications
• Bowel Obstruction: A serious emergency caused by mesh entrapping intestinal loops
• Perforation of Organs: Damage to nearby organs from mesh erosion
• Mesh Rejection: Immune response causing inflammation and tissue damage

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You had hernia repair surgery on or after January 1, 2006
• You experienced serious side effects including chronic pain, infection, mesh migration, bowel obstruction, or organ perforation
• Your injuries required medical treatment or hospitalization
• You needed revision surgery to correct problems caused by the mesh
• You used a hernia mesh product from C.R. Bard, Ethicon, Covidien, or Atrium Medical Corp

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

Evidence Required for a Hernia Mesh Lawsuit

To strengthen your case, you should gather:

• 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 medical professionals can attest to the complications caused by the hernia mesh, explain why additional surgeries were necessary, and provide opinions on expected future medical needs and associated costs.

Damages You Can Recover

Victims of hernia mesh complications in Montana can pursue compensation for:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Mental anguish
• Personal expenses related to recovery
• Family support and loss of consortium
• Wrongful death (in severe cases)

Hernia Mesh Recall Information

Several hernia mesh products have been subject to recalls due to high failure rates and complications.

These include specific models from manufacturers involved in the current litigation.

Products specifically named in Montana litigation include Ethicon’s Physiomesh, Atrium’s C-Qur mesh, and Bard’s Kugel mesh, which have been reported as being more susceptible to tearing or ripping.

Statute of Limitations for Hernia Mesh Lawsuits

The statute of limitations for filing a hernia lawsuit in Montana is 3 years from the date of injury, as governed by Montana Statute § 27-2-202. This emphasizes the urgency for victims to file their claims promptly to preserve their legal rights.

Exceptions may apply under the principle of equitable estoppel if the defendant’s actions caused you to miss the filing deadline, provided you can demonstrate due diligence upon learning of your claim’s necessity.

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

Related Article: Minnesota Hernia Mesh Lawsuit Attorney

Frequently Asked Questions

1. 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 [2]. It’s available in both absorbable and non-absorbable varieties and is used for hernia repairs and other conditions like pelvic organ prolapse.

2. 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.

3. 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. Montana cases are included in MDL to ensure faster resolutions through shared evidence, streamline court proceedings without losing individual case value, and increase chances of favorable settlements through mass negotiations.

4. What Are The Current Settlement Amounts For Hernia Mesh Cases?

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 include a $500,000 jury award in 2023 and a $4.8 million verdict in 2022.

5. How Do I File A Hernia Mesh Lawsuit In Montana?

To file a lawsuit, consult with a specialized law firm like Schmidt & Clark, LLP for a free case evaluation, collect essential evidence including medical records and expert testimony, ensure compliance with Montana’s statute of limitations, file the lawsuit, pursue settlement negotiations, and proceed to trial if necessary.

6. 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.

7. What Evidence Do I Need For A Successful Hernia Mesh Lawsuit?

You’ll need medical records documenting your hernia surgery and subsequent complications, doctor reports confirming mesh-related injuries, proof of additional surgeries related to mesh failure, and ideally expert testimony from medical professionals explaining the connection between the mesh and your injuries.

8. Who Manufactures The Hernia Mesh Products Named In Lawsuits?

The main manufacturers involved in litigation are C.R. Bard, Ethicon (a Johnson & Johnson subsidiary), Covidien, and Atrium Medical Corp. Specific products frequently named include Ethicon’s Physiomesh, Atrium’s C-Qur mesh, and Bard’s Kugel mesh.

Get A Free Montana Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. In Montana, you have only 3 years from the date of injury to file your claim. Don’t risk losing your right to compensation.

Our services include:

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

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.

References

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