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Table Of Contents
- New Jersey Hernia Mesh Lawsuit Overview
- Latest New Jersey Hernia Mesh Lawsuit Updates
- FDA Reports and Statistics
- Hernia Mesh Injuries & Side Effects
- Do You Qualify for a Hernia Mesh Lawsuit?
- New Jersey Hernia Mesh Recall Information
- Statute of Limitations for New Jersey Hernia Mesh Lawsuits
- FAQs
- 1. How long will my hernia mesh case take?
- 2. What will this lawsuit cost me upfront?
- 3. What kind of compensation can I receive?
- 4. How do hernia mesh lawsuits affect the medical community?
- 5. Can I still join a hernia mesh lawsuit if I have mild symptoms?
- 6. What role do expert witnesses play in hernia mesh lawsuits?
- 7. Are there different types of hernia mesh that have been problematic?
- 8. How does a multidistrict litigation (MDL) differ from a class action?
- 9. What happens if the manufacturer of my hernia mesh has filed for bankruptcy?
- 10. What documentation should I gather before contacting a lawyer?
- Take Action Now: Time-Sensitive Legal Claims
- Get Your Free Consultation From New Jersey Hernia Mesh Lawyers
New Jersey Hernia Mesh Lawsuit Overview
Hernia mesh lawsuits are proliferating as individuals face severe health complications from defective implants. These cases are seeking accountability from manufacturers for producing unsafe medical devices without adequate warnings. With thousands of cases pending, multidistrict litigation (MDL) is consolidating similar claims for a more streamlined legal process, especially for major manufacturers like Bard and Covidien facing legal action in New Jersey and nationwide.
Latest New Jersey Hernia Mesh Lawsuit Updates
October 2024 – New Jersey residents who have experienced complications from hernia mesh implants can pursue legal action through local firms like Stark & Stark, which offer representation for mesh-related injuries including infection, migration, and device failure [1].
April 2024 – New Jersey-based Becton Dickinson agreed to settle nearly 38,000 hernia mesh lawsuits through its Bard division, following years of litigation and several bellwether trials.
FDA Reports and Statistics
The FDA’s MAUDE database has received an estimated 18,000–24,000 adverse event reports for hernia mesh implants from 2015 to 2024, covering complications like pain, infections, recurrence, and bowel obstruction. New Jersey lawsuits rely on these national reports, though MAUDE data may underreport issues due to delays and unverified submissions.
Multiple hernia mesh products have faced FDA safety communications (2014, 2016, listing pain, infection, recurrence risks) and manufacturer-initiated recalls under FDA oversight from 2005–2021. These include Class 1 recalls (Bard Kugel, 2005–2007) and Class 2 recalls (Atrium C-QUR, 2013; Covidien Parietex, 2018, 2021; ACell Gentrix, 2019; Ethicon Proceed, 2005–2014; Sofradim Versatex, 2018). Ethicon’s Physiomesh withdrawal (2016) was voluntary, not an FDA recall. No recalls occurred after 2021. These actions are critical evidence in New Jersey and national lawsuits.
People who had their hernia repaired with synthetic mesh experience rejection at rates ranging from 5% to 30%. – The Department of Health and Social Care
Hernia Mesh Injuries & Side Effects
Hernia mesh complications can be life-altering, leading to severe pain, multiple surgeries, and long-term health risks. The following serious complications are commonly reported in lawsuits:
- Chronic Pain: Persistent discomfort affecting daily life and activities
- Infection: Leading to additional surgeries, hospitalization, and potentially systemic issues
- Mesh Migration: The implant shifts from its original position, causing damage to surrounding organs
- Bowel Obstruction: Digestive issues requiring emergency medical care and surgical intervention
- Adhesion: Scar tissue formation creating pain and movement restrictions
- Mesh Erosion: Deterioration of the implant material causing damage to surrounding tissue
- Nerve Damage: Resulting in numbness, tingling, or chronic neuropathic pain
- Revision Surgeries: Need for additional operations to remove or replace the defective mesh
Do You Qualify for a Hernia Mesh Lawsuit?
You may qualify for a hernia mesh lawsuit if:
- You had hernia repair surgery with mesh implant after January 1, 2006
- You experienced complications requiring additional surgeries or medical interventions
- You have medical records linking your injuries to the hernia mesh implant
- The injuries required medical treatment or hospitalization
Evidence Required for a Hernia Mesh Lawsuit
Building a strong legal case for a hernia mesh lawsuit hinges on presenting a robust body of evidence, including:
- Surgical notes documenting the initial implantation
- Post-operative reports detailing complications
- Medical diagnoses of mesh-related injuries
- Treatment plans for addressing complications
- Imaging studies that track the trajectory of complications
- Documentation of additional surgeries or treatments
Damages You Can Recover
Compensation in hernia mesh lawsuits can include:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages in cases of gross negligence
New Jersey Hernia Mesh Recall Information
Several hernia mesh products have been subject to FDA recalls due to safety concerns. These recalls have involved various manufacturers including C.R. Bard, Ethicon, and Atrium Medical. The recalls have been prompted by concerns about product failures, complications, and manufacturing defects that put patients at risk.
Statute of Limitations for New Jersey Hernia Mesh Lawsuits
In New Jersey, the statute of limitations sets a 2-year time frame from the date of injury to file a claim, although certain conditions can extend this deadline. These include circumstances where:
- The victim is legally unable to act (minor or incapacitated)
- The injury was not immediately discovered due to the nature of the complications (discovery rule)
Time is of the essence when considering legal action. Consulting with an experienced attorney promptly ensures your rights are protected.
FAQs
1. How long will my hernia mesh case take?
The timeline varies, but most cases take 12-24 months to resolve. Bellwether trial outcomes can significantly influence settlement speed and amounts. The complexity of your individual case, court schedules, and the defendant’s response will affect the timeline.
2. What will this lawsuit cost me upfront?
Nothing. We work on a contingency basis, meaning you pay nothing unless we win your case. This arrangement ensures access to quality legal representation regardless of your financial situation.
3. What kind of compensation can I receive?
Compensation covers medical expenses, lost wages, pain and suffering, and punitive damages in cases of gross negligence. Settlement amounts vary based on injury severity, required medical interventions, and legal precedents.
4. How do hernia mesh lawsuits affect the medical community?
These lawsuits lead to increased scrutiny of medical devices, prompting more rigorous testing and approval processes. They also raise awareness about the potential risks associated with hernia mesh implants and may influence future medical practices.
5. Can I still join a hernia mesh lawsuit if I have mild symptoms?
Yes, even with mild symptoms, you may qualify if the mesh caused complications. Consulting with a lawyer can help determine the strength of your case and potential compensation.
6. What role do expert witnesses play in hernia mesh lawsuits?
Expert witnesses provide critical testimony on design and manufacturing defects, medical complications, and standard of care, helping establish liability and the extent of damages. Their specialized knowledge strengthens your claim.
7. Are there different types of hernia mesh that have been problematic?
Yes, several types of hernia mesh have been associated with complications, including certain polypropylene meshes, composite meshes, and those with specific coatings. Your attorney can help identify if your specific mesh type has been linked to lawsuits.
8. How does a multidistrict litigation (MDL) differ from a class action?
In MDL, cases remain individual but are consolidated for pretrial proceedings, while class actions combine all claims into one case. Hernia mesh cases typically proceed as MDL, preserving the individual nature of each plaintiff’s injuries and damages.
9. What happens if the manufacturer of my hernia mesh has filed for bankruptcy?
If a manufacturer files for bankruptcy, claims typically continue through a bankruptcy trust. Your attorney can navigate this process to ensure your claim is properly filed and considered for compensation.
10. What documentation should I gather before contacting a lawyer?
Gather medical records related to your hernia surgery, follow-up appointments, and any treatments for complications. Also collect insurance information, employment records showing lost wages, and any communications with healthcare providers about your condition.
See all related medical device lawsuits our attorneys covered so far.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for hernia mesh complications. New Jersey’s statute of limitations requires filing within two years from the date of injury or discovery. Don’t delay in seeking the compensation you deserve.
Our services include:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees – we only get paid if you win
- Comprehensive legal representation throughout the entire process
- Access to medical experts who can testify about your injuries
Get Your Free Consultation From New Jersey Hernia Mesh Lawyers
The team at Schmidt & Clark, LLP stands with you in challenging times. If you or someone you care about endures the aftermath of hernia mesh complications, we invite you to contact us.
Our attorneys are well-versed in these complex cases and will navigate you through each step of the legal process. We are dedicated to helping you comprehend your legal options and assess your eligibility for filing a hernia mesh lawsuit.
Our consultations are complimentary, and we operate on a contingency fee basis, meaning you owe us nothing unless we secure a victory in your case. Reach out for a thorough evaluation of your hernia mesh-related concerns.
Reference:
[1] https://www.stark-stark.com/service/personal-injury/defective-drugs/hernia-mesh-lawsuit/