Nevada Hernia Mesh Lawsuit: Get the Right Attorney

Quick Summary

• Detailed Eligibility Criteria: This guide starts by thoroughly explaining who can file a hernia mesh lawsuit in Nevada. It will cover the types of complications that typically qualify for legal action, such as infections, adhesions, mesh migration, and perforation, among others. The importance of establishing a direct link between the hernia mesh and your complications, within the context of Nevada’s product liability laws, will also be highlighted.
• Navigating the Legal Process: Gain a deep understanding of the legal steps involved in filing a hernia mesh lawsuit in Nevada. This includes the initial steps of consulting with a qualified attorney, filing a complaint in court, and the phases your case might go through, such as discovery, negotiations, and possibly a trial. Special attention will be given to the statute of limitations in Nevada, emphasizing the critical importance of acting within legal time frames to maintain your right to seek compensation.
• Realistic Settlement Expectations: This guide provides an honest look at settlement expectations, including the range of compensation amounts previous claimants have received in Nevada for similar lawsuits. It discusses how settlements are negotiated and what factors can influence the final amount, such as the extent of your injuries, the impact on your quality of life, and any financial losses incurred due to medical expenses and lost wages.

Hernia Mesh Lawsuits

Across Nevada and the United States, patients implanted with defective hernia mesh implants are seeking justice. These hernia mesh lawsuits stem from claims that these medical devices were defectively designed and that manufacturers failed to warn of the associated risks adequately.

There are a significant number of lawsuits pending against various hernia mesh manufacturers. If you were implanted with hernia mesh in 1999, you might be eligible for compensation.

The manufacturers embroiled in these lawsuits are not small, unknown entities. They’re leading medical device companies, including:

• Atrium Medical
• C.R. Bard
• Covidien
• Ethicon
• W.L. Gore & Associates

Each of these manufacturers has been accused of producing hernia mesh implants that have resulted in a range of complications, leading to litigation and an increase in hernia mesh cases.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is a medical device used in hernia repair surgery. However, not all hernia mesh products are created equal, as each manufacturer’s product presents unique issues [1].

Atrium’s C-Qur hernia mesh, for instance, has faced litigation due to complications like infections and allergic reactions caused in part by its Omega 3 fatty acid coating.

C.R. Bard’s range of models, such as 3DMax, Kugel, and Ventralex, have each been associated with different complications, leading to lawsuits. Covidien’s Parietex and Parietene hernia mesh product lines have also been implicated in litigation due to injuries caused by these products.

Gore’s DualMesh products, though less commonly involved in lawsuits, have seen instances of infections related to their use.

Latest Hernia Mesh Lawsuit Updates

The legal landscape of hernia mesh lawsuits is continually evolving, with ongoing trials, settlements, and the growth of multidistrict litigations (MDLs) to handle numerous claims.

Becton Dickinson’s subsidiary C.R. Bard’s hernia mesh injuries have led to the creation of Multi-District Litigations (MDLs) to handle the numerous claims. These hernia MDLs can help streamline the litigation process, ensuring that every plaintiff gets their day in court.

One notable update includes Ethicon’s Physiomesh. After being linked to complications such as recurrent hernias, mesh migration, infection, bleeding, and pain, it has led to a worldwide recall.

On the other hand, Atrium’s C-Qur hernia mesh complications include infections, allergic reactions, and adhesion issues.

The Role of Multidistrict Litigation (MDL) in Nevada Cases

Multidistrict Litigation (MDL) plays a significant role in hernia mesh lawsuits in Nevada. By consolidating numerous similar cases, MDLs streamline the litigation process, allowing for more efficient claim resolution. This efficiency is critical given the vast number of cases—over 25,000 are currently pending.

These numbers reflect the sheer scale of the issue and the importance of patients understanding their legal rights.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because when a medical device is designed to heal instead of inflict harm, legal recourse becomes necessary. In the case of hernia mesh, the lawsuits filed are often due to severe injuries such as:

• adhesions
• bowel obstructions
• chronic pain
• hernia recurrence
• infections
• mesh failure
• migration
• organ or tissue perforation
• seromas

These complications necessitate revision surgeries, adding to the patient’s distress and financial burden.

In some cases, infection can be an immediate or long-term complication after hernia mesh surgery, potentially leading to chronic infections from mesh rejection or perforation. This provides grounds for litigation.

Furthermore, the failure of the initial mesh often requires patients to undergo further hernia surgeries, including hernia surgery, to remove the defective mesh and repair the original hernia. This process carries the risk of future complications.

Complications Named in the Lawsuits

According to C&C, The complications named in hernia mesh lawsuits go beyond the physical pain and discomfort. In addition to causing serious harm, defective hernia mesh can lead to a variety of specific patient injuries, such as [2]:

• chronic abdominal pain
• allergic reactions
• sexual dysfunction
• diarrhea
• indigestion
• bulging
• constipation
• organ perforation

Different hernia mesh products have been linked to specific complications. For example, Atrium’s C-Qur hernia mesh complications include infections, allergic reactions, and adhesion issues. On the other hand, Covidien hernia mesh devices have been associated with adhesions, infections, bowel complications, and device migration.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have undergone hernia repair surgery with mesh on or after January 1, 2006, and have experienced severe complications such as adhesions, hernia recurrence, intestinal blockage, or mesh migration qualify to file a hernia mesh lawsuit. These complications must have occurred at least 30 days post-surgery to qualify for legal action.

Those who required hernia revision surgery or another type of surgery as a result of complications from the mesh implant could also qualify for legal action. Patients with mesh implants manufactured by may be eligible to file a lawsuit.

However, surgeries that occurred before January 1, 2006, or injuries happening within 30 days post-surgery are typically excluded:

• Ethicon
• Atrium
• Covidien
• Bard Davol

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 diagnose. In some cases, it’s possible to have multiple symptoms simultaneously. – National Library of Medicine

Hernia Mesh Lawsuit Settlement Amounts in Nevada

If you’re wondering about the potential monetary compensation in a hernia mesh lawsuit, settlement amounts vary. In general, the typical plaintiff in hernia mesh injury cases may expect to receive between $500,000 and $1 million in compensation.

However, some legal experts suggest that average settlement amounts typically range between $65,000 and $80,000 and, in certain instances, can reach as high as $1 million.

These figures aren’t just conjecture. C.R. Bard, for instance, agreed to pay $184 million to settle state and federal lawsuits, translating to an average of about $70,000 per claim.

Settlement amounts are influenced by factors like the severity and economic impact of injuries, the effect on quality of life, and future losses. They may include punitive damages intended to punish the defendants for wrongdoing.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Nevada

If a hernia mesh implant has harmed you, you may be entitled to compensation. This compensation can help cover the financial and emotional costs associated with your injury.

Types of Compensation

In hernia mesh lawsuits, compensation is typically divided into two categories: economic and non-economic damages. Economic damages cover quantifiable financial costs that you’ve incurred, such as medical expenses and lost wages due to the inability to work.

Non-economic damages cover aspects more challenging to quantify, such as:

• Psychological and physical distress
• Pain and suffering
• Loss of enjoyment of life
• Permanent disabilities or disfigurement

Filing a Nevada Hernia Mesh Lawsuit

If you’re considering filing a hernia mesh lawsuit in Nevada, it’s critical to enlist an attorney with expertise in the field. They can effectively gather evidence and construct a strong claim, allowing you to focus on your recovery.

A successful hernia mesh lawsuit requires demonstrating that you were harmed due to a defect in the hernia mesh and that the mesh was used as intended by the manufacturer when the injury occurred.

Types of Evidence To Present

To build a solid case, you need strong evidence. This includes:

• Medical records related to the initial implant surgery and follow-up visits
• Imaging studies
• Expert testimony
• Personal records such as pain diaries
• Photographic evidence

Scientific evidence and testimonies from expert witnesses are particularly crucial in proving the defectiveness of hernia mesh in lawsuits.

Nevada Statute of Limitation

When it comes to filing a lawsuit, timing is crucial. In Nevada, you have a four-year window known as the statute of limitations for hernia cases. This four-year countdown begins from the date the injury was discovered or should have been reasonably known.

Nevertheless, there are exceptions to consider. For instance, individuals who were minors at the time of their injury are granted an additional timeframe; they have until two years after their 18th birthday to initiate a hernia mesh lawsuit.

Related Articles:

• Missouri Hernia Mesh Lawsuit
• Montana Hernia Mesh Lawsuit Attorney
• Nebraska Hernia Mesh Lawsuit

FAQs

What should I do if I experience complications from a hernia mesh implant?

Seek immediate medical attention to document your injuries and consult with a lawyer experienced in hernia mesh litigation to discuss your legal options and potential for compensation.

How can I determine if my hernia mesh patch was recalled?

Check the FDA’s website for recall information or contact your healthcare provider. Recalls are issued when a product is found to be defective or poses significant health risks.

What legal claims are commonly made in hernia mesh lawsuits?

Common claims include defective product design, manufacturing defects, improper labeling, and medical malpractice by the implanting surgeon. Each claim requires specific evidence to prove harm caused by the mesh.

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

Get Your Free Consultation From Nevada Hernia Mesh Lawyers

At Schmidt & Clark, LLP we stand by your side during challenging times. Should you or someone close to you suffer from the repercussions of hernia mesh complications, don’t hesitate to connect with us.

Our adept team specializes in these cases and will navigate you through every step of the legal journey. We are here to clarify your rights and assess your eligibility for a hernia mesh lawsuit.

Reference:

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