New Mexico Hernia Mesh Lawsuit | 2025 Latest Updates

New Mexico Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits are being filed against manufacturers of defective hernia mesh implants used in over a million hernia surgeries performed annually in the US.

These lawsuits allege that manufacturers like Ethicon, C.R. Bard, Covidien, and Atrium Medical Corp produced defective products that cause severe complications including chronic pain, infections, and organ perforation.

As of August 2023, hernia mesh Multidistrict Litigation (MDL) reached 20,000 cases, with complications reported in 5.6% of open mesh repairs and 3.7% of laparoscopic repairs according to GSN publication research.

The surge in litigation points to widespread problems with hernia mesh products, with New Mexico residents joining the nationwide legal action seeking justice for harm caused by these defective medical devices.

Latest New Mexico Hernia Mesh Lawsuit Updates

• March 2024 – Settlement mediation is scheduled for March 4 and 5, 2024, for polypropylene hernia mesh litigation, representing a pivotal juncture in efforts to reach global settlement agreements. Judicial orders have instructed Covidien to submit unredacted hernia mesh complaint files, indicating concerted efforts to advance litigation toward resolution [1].
• January 2024 – The Bard hernia mesh class action MDL continued to grow with nearly 200 new lawsuits filed in January 2024 alone. The Covidien MDL gained momentum with Judge Saris ordering the release of hernia mesh complaint files, providing crucial evidence that could influence future trial outcomes [2].
• August 2023 – Hernia mesh Multidistrict Litigation (MDL) reached a staggering 20,000 cases, demonstrating the massive scale of litigation against manufacturers. Efforts are underway to reach global settlements, with mediation scheduling orders in place and bellwether trial outcomes influencing settlement discussions [3].

FDA Reports and Statistics

According to research data and FDA reports, hernia mesh complications affect a significant portion of patients:

• 5.6% of open mesh repairs experience complications according to GSN publication research
• 3.7% of laparoscopic repairs report issues with hernia mesh implants
• Over 1 million hernia surgeries are performed annually in the US using mesh products
• 20,000+ cases are pending in hernia mesh MDL litigation as of August 2023

The National Library of Medicine notes that while surgical mesh can reduce hernia recurrence rates, some hernia mesh products have high failure rates and can cause severe or life-threatening complications.

New Mexico Hernia Mesh Injuries & Side Effects

Patients in New Mexico have reported numerous severe complications following hernia mesh surgery.

The most commonly reported injuries include:

• Chronic Pain: Persistent, debilitating pain that can be constant discomfort or activity-related
• Infections: Bacterial infections at the surgical site that can be difficult to treat
• Organ Perforation: Organ perforation caused by mesh migration or sharp edges
• Bowel Obstruction: Bowel obstruction from mesh sticking to intestines or moving within the body
• Adhesion Formation: Mesh implant sticking to other organs and tissue causing severe pain
• Mesh Migration: Mesh migration where the implant moves from its original location
• Nerve Damage: Direct or indirect trauma from the implant causing nerve injury

Do You Qualify for a New Mexico Hernia Mesh Lawsuit?

You may qualify for a New Mexico hernia mesh lawsuit if:

• You received hernia mesh implant surgery at any time
• You experienced serious side effects including chronic pain, infections, organ perforation, bowel obstruction, or mesh migration
• The injuries required medical treatment or revision surgery
• You can provide medical documentation linking your injuries to the hernia mesh
• You can identify the specific type of mesh used and the manufacturer

It’s important to note that even if a previous claim was declined or discharged, you may still be eligible for legal action, provided the lawsuit is filed within New Mexico’s statute of limitations.

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 New Mexico Hernia Mesh Lawsuit

Building a strong hernia mesh lawsuit requires comprehensive documentation:

• Medical Records: Detailed record of post-surgery symptoms, particularly those aligning with known symptoms of hernia mesh failure.
• Treatment Documentation: All treatment received for hernia mesh complications should be documented and preserved.
• Physical Evidence: Any failed mesh that is removed during revision surgery should be preserved when possible.
• Product Information: Details about the mesh manufacturer and specific product used, which can be found in medical records.

Damages You Can Recover

In New Mexico, hernia mesh lawsuit victims can seek compensation for:

• Medical Expenses: Past and future medical bills related to complications
• Lost Wages: Compensation for time off work and reduced earning capacity
• Pain and Suffering: Physical and mental pain and suffering damages
• Punitive Damages: Additional compensation for manufacturer negligence
• Loss of Consortium: Compensation for impact on family relationships

Settlement projections suggest an average settlement could be between $65,000 and $70,000, with some cases indicating a potential range of $70,000-$90,000.

Hernia Mesh Recall Information

Several hernia mesh manufacturers have faced recalls and significant legal action:

• Ethicon: Ethicon has reached settlements in most of its lawsuits
• C.R. Bard: C.R. Bard faces thousands of lawsuits in ongoing MDL litigation
• Atrium Medical Corp: Atrium Medical Corp reached a $66 million settlement in July 2021
• Covidien: Subject to ongoing litigation with bellwether trials projected for 2025

Statute of Limitations for New Mexico Hernia Mesh Lawsuits

The statute of limitations for hernia cases in New Mexico requires that a hernia mesh lawsuit must be filed within three years from the date of injury.

This means that if you fail to file your lawsuit within this period, you may lose your right to recover any compensation.

Before filing a lawsuit, you should familiarize yourself with the name and manufacturer of your hernia mesh implant, details that can be found in your medical records and are crucial for building your case.

Related Article: New Jersey Hernia Mesh Lawsuit

FAQs

1. What is hernia mesh and why does it cause complications?

Hernia mesh is a surgical implant used to repair weakened abdominal tissues and prevent hernia recurrence. Complications arise when defective mesh products cause chronic pain, infections, mesh migration, and organ damage instead of providing the intended support.

2. What are the most common complications from hernia mesh?

The most common complications include chronic pain, infections, organ perforation, bowel obstruction, adhesion formation, mesh migration, and nerve damage. These complications often require additional surgeries and can significantly impact quality of life.

3. How much compensation can I receive in a New Mexico hernia mesh lawsuit?

Settlement amounts vary based on injury severity and medical costs. Projections suggest average settlements between $65,000-$70,000, with some cases reaching $70,000-$90,000. Notable settlements include Atrium’s $66 million settlement in July 2021.

4. Which manufacturers are facing the most lawsuits?

Major manufacturers facing litigation include Ethicon, C.R. Bard, Covidien, and Atrium Medical Corp. These companies are accused of producing defective mesh products and failing to warn patients about potential risks.

5. What is the role of Multidistrict Litigation (MDL) in hernia mesh cases?

MDL consolidates similar cases from across the country before one judge to manage the large volume of cases more efficiently. As of August 2023, over 20,000 cases are pending in hernia mesh MDL litigation.

6. How long do I have to file a hernia mesh lawsuit in New Mexico?

New Mexico has a three-year statute of limitations from the date of injury. You must file your lawsuit within this period or risk losing your right to recover compensation.

7. What evidence do I need to support my hernia mesh lawsuit?

Essential evidence includes detailed medical records documenting post-surgery symptoms, treatment documentation for complications, preserved failed mesh if removed during revision surgery, and product information about the manufacturer and specific mesh used.

8. Can I file a lawsuit if my previous claim was denied?

Yes, even if a previous claim was declined or discharged, you may still be eligible for legal action. However, the lawsuit must be filed within New Mexico’s three-year statute of limitations.

9. What types of damages can I recover in a hernia mesh lawsuit?

You can seek compensation for medical expenses, lost wages, reduced earning capacity, pain and suffering, punitive damages, and loss of consortium. The amount depends on factors such as injury severity and lasting disabilities.

10. Are there upcoming trials or settlements in hernia mesh litigation?

Settlement mediation is scheduled for March 4-5, 2024, for polypropylene hernia mesh litigation. Bellwether trials are projected for 2025, with ongoing efforts to reach global settlements in the litigation.

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

Get a Free New Mexico Hernia Mesh Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh injuries in New Mexico. You have only three years from the date of injury to file your lawsuit under New Mexico’s statute of limitations.

Waiting too long can permanently bar your right to seek compensation for your suffering.

At Schmidt & Clark, LLP, we specialize in hernia mesh lawsuits and are dedicated to helping New Mexico victims obtain the justice and compensation they deserve.

Our services include:

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

We are committed to clarifying your legal options and assessing your eligibility for a hernia mesh claim. Our consultations are complimentary, and you incur no fees unless we triumph in your case. Contact us today for a thorough case assessment regarding hernia mesh complications.

References

1. https://www.millerandzois.com/products-liability/hernia-mesh-case-value/?utm_source=chatgpt.com
2. https://federal-lawyer.com/injury-lawsuit/hernia-mesh/
3. https://www.seegerweiss.com/product-liability/surgical-hernia-mesh-lawsuit/