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Table Of Contents
- Nebraska Hernia Mesh Lawsuit Overview
- Latest Nebraska Hernia Mesh Lawsuit Updates
- What Is Hernia Mesh?
- FDA Reports and Statistics
- Nebraska Hernia Mesh Injuries & Side Effects
- Do You Qualify for a Nebraska Hernia Mesh Lawsuit?
- Hernia Mesh Recall Information
- Statute of Limitations for Nebraska Hernia Mesh Lawsuits
- FAQs
- 1. What factors influence the amount of hernia mesh settlements?
- 2. Can I receive compensation for non-economic damages in a hernia mesh lawsuit?
- 3. What are bellwether trials and how do they affect hernia mesh litigation?
- 4. Which hernia mesh products are most commonly involved in lawsuits?
- 5. How long does it take to resolve a hernia mesh lawsuit?
- 6. What is the role of multidistrict litigation in hernia mesh cases?
- 7. Can I file a lawsuit if my claim was previously declined by another law firm?
- 8. What types of complications qualify for a hernia mesh lawsuit?
- 9. Do I need to have had revision surgery to file a lawsuit?
- 10. What is the average settlement amount for hernia mesh lawsuits?
- Get a Free Nebraska Hernia Mesh Lawsuit Evaluation With Our Lawyers
Nebraska Hernia Mesh Lawsuit Overview
Nebraska hernia mesh lawsuits are widespread product liability cases involving defective medical devices used in hernia repair surgeries that cause serious complications and injuries to patients.
The primary allegations against manufacturers include design defects, failure to warn about known risks, and inadequate testing of mesh products before market release.
As of March 2024, 25,168 hernia mesh lawsuits are pending in four separate multidistrict litigations (MDLs), with Nebraska cases being managed throughout the state.
These lawsuits seek compensation for Nebraska residents who suffered complications from defective hernia mesh implants that were supposed to aid in hernia repair surgeries but instead led to serious health issues requiring revision surgeries and ongoing medical care.
Latest Nebraska Hernia Mesh Lawsuit Updates
- June 2025: The Bard Hernia Mesh multidistrict litigation (MDL 2846) reported a slight decrease in active cases, with 24,074 pending, down by just four from 24,078 on May 1. Nebraska residents who underwent hernia mesh surgery and experienced complications continue to file lawsuits against manufacturers for the serious health issues caused by defective mesh implants [1].
- January 16, 2024 – A status conference for the hernia mesh MDL was scheduled to discuss the possibility of a global settlement, indicating potential resolution for thousands of pending cases. This conference represents a significant development in the ongoing litigation process [2].
- Recent Verdict – In Stinson v. C.R. Bard, a jury awarded the plaintiff $500,000 for his hernia mesh implant injuries. This and other verdicts in MDL cases continue to influence the outcomes of future hernia mesh lawsuits in Nebraska and settlement negotiations nationwide [3].
What Is Hernia Mesh?
According to the BH, hernia mesh is a medical device used during hernia repair surgery that, unfortunately, has been defective in various cases [4].
Various types of these surgical mesh implants, including some that are commonly used in Nebraska, are defective, leading to serious complications and subsequent lawsuits.
Some of the most commonly implicated products in these lawsuits in Nebraska include:
- Atrium C-Qur Mesh
- Bard Kugel
- Covidien Parietex Plug & Patch
- Ethicon Physiomesh
The scope of these lawsuits includes a variety of hernia mesh products and manufacturers, with investigations currently underway for around 15 different hernia meshes.
Identifying the specific hernia mesh product used during surgery, as well as the hernia mesh manufacturer, provides key support for a hernia mesh lawsuit in Nebraska.
FDA Reports and Statistics
The FDA has documented significant safety concerns with hernia mesh products through various reporting mechanisms:
- 25,168 pending lawsuits in four separate multidistrict litigations as of March 2024
- 15 different hernia mesh products currently under investigation for defects and complications
- Chronic pain complications lasting longer than six months post-surgery documented in 2022 Science Direct research
- Multiple product recalls and safety warnings issued for various mesh manufacturers
- Revision surgery rates significantly higher than expected for mesh repair procedures
According to 2022 research by Science Direct, chronic pain lasting longer than six months post-surgery may suggest complications such as nerve injury or inflammation, with documented issues including infection, pain, recurrence, and specific problems like stiffening or migration.
As of March 2024, 25,168 hernia mesh lawsuits are pending in four separate multidistrict litigations. – Jayne Conroy, Pharmaceutical Expert
Nebraska Hernia Mesh Injuries & Side Effects
Nebraska patients with defective hernia mesh implants have experienced a wide range of serious complications that often require revision surgery and ongoing medical intervention.
These complications can arise within weeks to years after surgery, often resulting in life-threatening conditions that significantly impact Nebraska residents’ quality of life.
- Chronic Pain: Persistent pain lasting longer than six months that significantly impairs daily activities and quality of life.
- Mesh Migration: Movement of the mesh from its original position, potentially causing damage to surrounding organs and tissues.
- Infections: Serious bacterial infections at the implant site that can spread throughout the body.
- Bowel Obstruction: Blockage of the intestines that can be life-threatening and requires emergency surgery.
- Organ Perforation : Puncture or damage to internal organs caused by mesh migration or erosion.
- Mesh Erosion: Deterioration of the mesh material causing tissue damage and inflammatory reactions.
- Adhesion Formation: Development of scar tissue that can cause organs to stick together abnormally.
- Revision Surgery: Need for additional surgeries to remove or replace the defective mesh.
- Nerve Damage: Injury to nerves causing numbness, tingling, or loss of sensation.
- Hernia Recurrence: Return of the original hernia due to mesh failure.
Do You Qualify for a Nebraska Hernia Mesh Lawsuit?
You may qualify for a Nebraska hernia mesh lawsuit if:
- You underwent hernia mesh surgery in Nebraska on or after January 1, 2006.
- You experienced serious side effects including chronic pain, mesh migration, infections, bowel obstruction, organ perforation, nerve damage, or hernia recurrence.
- The injuries required medical treatment, revision surgery, or hospitalization.
- You can provide medical documentation linking your injuries to the hernia mesh device.
- You received one of the commonly implicated products including Atrium C-Qur Mesh, Bard Kugel, Covidien Parietex Plug & Patch, or Ethicon Physiomesh.
- You were told you needed surgery due to mesh complications but could not have it due to medical issues.
This eligibility extends even to those whose claims were previously declined or discharged by another law firm, providing them with another opportunity to seek justice.
Evidence Required for a Nebraska Hernia Mesh Lawsuit
Presenting solid evidence is a key aspect of a Nebraska hernia mesh lawsuit to uphold the claim.
This evidence could include:
- Medical Records: Complete documentation of the hernia mesh surgery and subsequent complications
- Medical Bills: All expenses related to the defective mesh, including revision surgeries and ongoing treatment
- Product Identification: Documentation identifying the specific hernia mesh product and manufacturer used in your surgery
- Expert Testimony: Testimony from medical experts or witnesses who can attest to the victim’s suffering and the impact on their quality of life
- Imaging Studies: X-rays, CT scans, or other diagnostic tests showing mesh complications
Damages You Can Recover
Compensation in hernia mesh lawsuits may include:
- Medical Expenses: Past and future costs for revision surgeries, hospitalizations, medications, and ongoing medical care.
- Lost Wages: Income lost due to inability to work during recovery and treatment periods.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Punitive Damages: Additional damages designed to punish egregious negligence by manufacturers.
Settlement amounts in Nebraska hernia mesh lawsuits typically fall between $65,000 and $80,000, with some cases reaching as high as $1 million depending on injury severity and case strength.
Nebraska residents who had to have a second hernia surgery due to faulty hernia mesh implants may qualify for cash settlements.
Hernia Mesh Recall Information
Multiple hernia mesh products have been subject to recalls and safety warnings:
- Atrium C-Qur Mesh: Subject to ongoing litigation for complications
- Bard Kugel Mesh: Recalled due to defective ring component
- Ethicon Physiomesh: Withdrawn from market due to high recurrence rates
- Covidien Products: Various models subject to safety warnings
The scope of recalls includes investigations into approximately 15 different hernia mesh products from various manufacturers.
Statute of Limitations for Nebraska Hernia Mesh Lawsuits
The Nebraska law sets a 4-year deadline from the injury date for filing hernia mesh lawsuits under SOL. Victims must take action promptly to avoid exceeding this time limit.
Nebraska may allow the statute to begin when you discovered or should have discovered the injury was caused by the mesh.
In certain situations where defendants engaged in conduct that deliberately misled the plaintiff, Nebraska courts may consider extensions.
Nebraska residents must take action promptly to avoid exceeding the 4-year time limit.
Consulting with an experienced Nebraska hernia mesh lawyer can help ensure that the lawsuit is filed within the appropriate timeframe, reducing the risk of the claim being dismissed due to the expiration of the statute of limitations.
FAQs
1. What factors influence the amount of hernia mesh settlements?
Settlement amounts are determined by factors such as the severity of injuries, medical expenses, lost wages, the impact on quality of life, and the strength of the evidence against the manufacturer.
2. Can I receive compensation for non-economic damages in a hernia mesh lawsuit?
Yes, in addition to economic damages like medical expenses and lost wages, you can also receive compensation for non-economic damages, including pain and suffering, emotional distress, and loss of enjoyment of life.
3. What are bellwether trials and how do they affect hernia mesh litigation?
Bellwether trials involve a small sample of cases selected from a larger group of MDL lawsuits. These trials help predict the outcomes of other related cases and play a significant role in shaping settlement negotiations.
4. Which hernia mesh products are most commonly involved in lawsuits?
Commonly implicated hernia mesh products include Atrium C-Qur Mesh, Bard Kugel, Covidien Parietex Plug & Patch, and Ethicon Physiomesh. Currently, around 15 different hernia mesh products are under investigation.
5. How long does it take to resolve a hernia mesh lawsuit?
Timelines for resolution vary, but with 25,168 cases pending in multidistrict litigation, many cases benefit from shared discovery. Individual cases can typically resolve within 1-3 years, either through settlement or trial.
6. What is the role of multidistrict litigation in hernia mesh cases?
MDL consolidates similar cases for pretrial proceedings, making the litigation process more efficient. There are currently four separate MDLs handling hernia mesh cases, with status conferences discussing potential global settlements.
7. Can I file a lawsuit if my claim was previously declined by another law firm?
Yes, you can still file a lawsuit even if your claim was declined or discharged by another law firm, as long as you meet the qualification criteria.
8. What types of complications qualify for a hernia mesh lawsuit?
Complications that may qualify for a hernia mesh lawsuit include chronic pain, mesh migration, infections, bowel obstruction, organ perforation, nerve damage, hernia recurrence, and the need for revision surgery.
9. Do I need to have had revision surgery to file a lawsuit?
No, while having revision surgery can strengthen your case, you may still qualify if you were told you needed surgery due to mesh complications but were unable to have it because of medical issues.
10. What is the average settlement amount for hernia mesh lawsuits?
The average settlement for hernia mesh lawsuits ranges from $65,000 to $80,000, though some cases can reach up to $1 million depending on the severity of the injury, medical expenses, and the strength of the case.
See all related medical device lawsuits our attorneys covered so far.
Get a Free Nebraska Hernia Mesh Lawsuit Evaluation With Our Lawyers
Initiating the process of filing a Nebraska hernia mesh lawsuit starts with consulting a product liability lawyer experienced in defective medical device cases.
These professionals can provide the necessary guidance and support, helping Nebraska victims navigate the complexities of the legal system.
Our service offerings include:
- Free, confidential consultations with no obligation to proceed
- No upfront costs or fees to begin your case
- Payment only if we win your case through our contingency fee arrangement
- Nationwide representation for Nebraska hernia mesh victims
- Experience with MDL proceedings and settlement negotiations
If you or someone close to you has been adversely affected by hernia mesh injuries, Schmidt & Clark, LLP stands ready to assist.
Our seasoned team specializes in these intricate cases and is prepared to steer you through every step of the legal journey.
References
- https://www.lawsuit-information-center.com/bard-hernia-mesh-lawsuits.html
- https://www.robertkinglawfirm.com/personal-injury/hernia-mesh-lawsuit/
- https://www.seegerweiss.com/news/seeger-weiss-helps-secure-a-500000-jury-verdict-in-bard-hernia-mesh-bellwether-trial/
- https://bostonhernia.com/faq/what-is-hernia-mesh/