New York Hernia Mesh Lawsuit: Get the Right Attorney

Quick Summary

• Numerous lawsuits have been filed in New York by individuals who experienced severe complications following hernia mesh implants, including pain, infections, and mesh migration.
• The legal claims focus on allegations that manufacturers failed to properly warn patients and healthcare providers about the risks associated with these medical devices.
• Plaintiffs are seeking compensation for medical expenses, lost wages, and the long-term impacts of their injuries caused by defective hernia mesh products.

Hernia Mesh Lawsuits: The Overview

Recently, the courts in the Empire State have been inundated with hernia mesh lawsuits. These lawsuits stem from claims against manufacturers of polypropylene hernia mesh products, often used in hernia repair surgeries.

These lawsuits are the result of certain hernia mesh implants being linked to serious health complications, which are the basis of the legal actions.

What Is Hernia Mesh?

According to 2020 research by the Northeast Georgia Health System, hernia mesh is a surgical mesh implant used during hernia repair procedures to provide reinforcement and strengthen weakened or damaged tissue walls [1].

Specifically, the Proceed hernia mesh, which is made up of Prolene, is a type of lightweight polypropylene mesh that has an oxidized regenerated cellulose coating intended to minimize tissue injury.

While hernia meshes are intended to speed up recovery and reduce the chance of hernia recurrence, they don’t always function as intended. Defects in the mesh can lead to unsuccessful operations and severe injuries necessitating revision surgery.

As a result, many patients have found themselves at the mercy of these defective hernia mesh implants, leading to an influx of hernia mesh lawsuits.

Latest Hernia Mesh Lawsuit Updates

Taking a look at the legal landscape, there are several bellwether trials and ongoing multidistrict litigations that provide insights into the progress and potential outcomes of hernia mesh lawsuits.

Upcoming bellwether trials include the Bard hernia mesh MDL, set for April 2024, and the Covidien Progrip and Symbotex bellwether trials, expected to begin in 2025.

Recent and scheduled bellwether trial dates for the Bard MDL include October 16, 2023, and February 2024, and bellwether trials are potentially being rescheduled upon request.

Significant pretrial discovery and activity in the Covidien MDL point towards progress toward trial readiness. In the Covidien hernia mesh lawsuit, a ‘Science Day’ has been conducted to educate the court on complex scientific issues, showcasing advancements in trial preparations.

Bellwether trial outcomes could influence settlement negotiations in hernia mesh cases as they serve as test cases and foreshadow jury responses to presented evidence.

For example, a verdict was imminent in the Bard MDL after 15 days of testimony, with both sides utilizing their allocated trial time, signifying a potential impact on future negotiations. Moreover, there has been notable case volume growth, with the Bard MDL tally reaching 20,973 total pending cases and Atrium’s C-Qur mesh litigation having 2,241 cases.

The Role of Multidistrict Litigation (MDL) in New York Cases

Multidistrict Litigations (MDLs) have played a significant role in hernia mesh lawsuits. Over the past five years, hernia mesh lawsuits in New York have been consolidated into MDLs for heightened efficiency.

More than 25,000 hernia mesh lawsuits are pending in various MDLs, illustrating the magnitude of the issue. New cases are continually being filed, with the Bard MDL now exceeding 21,000 cases and still growing.

Bellwether trial verdicts, such as the $500,000 verdict in the Stinson case and the $4.8 million in the Trevino case, play a pivotal role in shaping settlement negotiations. The outcomes of these trials serve as a barometer for future settlement values and strategies.

Particularly, the Hernia Mesh lawsuit, part of an MDL, saw significant advances with its third bellwether trial set for October 2023. The Covidien Hernia Mesh lawsuits are intensifying, with ongoing discovery proceedings including a review of a large volume of documents.

The Atrium hernia mesh MDL located in New Hampshire currently has over 3,000 pending cases, showing widespread legal action against multiple manufacturers. A settlement mediation for the ongoing hernia mesh litigation is scheduled for early March 2024, aiming to reach a comprehensive resolution.

The Role of Manufacturers in Hernia Mesh Litigation

Hernia mesh manufacturers have been under scrutiny in these lawsuits. They are accused of:

• Utilizing cheap materials harmful to patients
• Not properly warning of the potential injuries from hernia mesh, leading to additional surgeries
• The FDA’s 510(k) clearance allows the marketing of hernia meshes without substantial proof of safety and efficacy, contributing to the presence of unsafe and ineffective products on the market.

Lawsuits have targeted several manufacturers, including:

• Ethicon
• Bard
• Covidien
• Gore Medical
• Genzyme
• Atrium Medical Corporation

With allegations of defective products, unfortunately, their alleged negligence has caused untold suffering for patients who trusted that they were receiving a safe and effective product for their hernia repair, including those who underwent hernia repair mesh surgery.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because the severe complications caused by defective hernia mesh implants have left them with no other recourse for justice. To initiate a hernia mesh lawsuit, the claimant must have endured an injury directly from a defective hernia mesh product.

It is important to note that hernia mesh lawsuits in New York are subject to a statute of limitations. Due to the complex nature of product liability cases, the resolution timelines could extend from three to seven years.

Hernia repairs are common, with more than 1 million performed annually in the United States. More than 90% of those procedures use hernia mesh for repairs. – The U.S. Food and Drug Administration

Complications Named in the Lawsuits: Health Complications Central to the Case

According to a 2020 study by Science Direct, the specifics of the complications were named in these lawsuits. Serious complications such as [2]:

• adhesions
• infections
• rejection of the mesh
• bowel obstruction

indicate a need for immediate medical intervention. Some of these issues may not emerge until years after the hernia surgery, making them even more challenging to address.

Common Symptoms of Hernia Mesh Failure

According to a 2016 study by the National Institute of Health, the symptoms of hernia mesh failure can vary widely. They can include [3]:

• A stiff feeling in the abdomen
• Bloating
• Bulging at the hernia repair site
• Constipation
• Fatigue
• Fever
• Impotence
• Nausea
• Pain
• Swelling
• Tenderness

In severe cases of hernia mesh complications, surgical intervention might be required, which can include the removal of the hernia mesh. These symptoms and complications are a clear indication of why many individuals are filing hernia mesh lawsuits.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have endured severe complications, undergone revision surgery, and experienced these issues as a direct result of a defective hernia mesh product may qualify to file a hernia mesh lawsuit.

In New York, claimants with hernia mesh implants from the year 2000 onward are eligible for a lawsuit, provided the hernia mesh surgery with mesh occurred on or after January 1, 2006, and certain companies manufactured the implant.

Hernia Mesh Lawsuit Settlement Amounts in New York

Settlement amounts in New York hernia mesh lawsuits vary widely and are influenced by factors such as:

• The severity of injuries
• Accumulated medical expenses
• The overall economic impact on the victim
• Loss of wages
• Any potential reduction in earning capacity.

Ethicon, a subsidiary of Johnson & Johnson, has resolved a significant number of its lawsuits through settlements. One notable settlement involved 224 lawsuits in a Georgia multidistrict litigation. Verdicts in hernia mesh lawsuits also vary widely, with amounts ranging from $0 to several million dollars, influenced by factors such as the severity of the injury and the strength of evidence.

However, understanding the average hernia mesh lawsuit settlements can be a bit challenging. Settlements in hernia mesh lawsuits have averaged estimates ranging from $50,000 to $1 million, reflecting considerations of severity and the $500,000 to $5 million range anticipated for jury awards.

The confidentiality of any settlement amounts makes it challenging to determine an accurate average payout for hernia mesh lawsuits. Therefore, it’s important to consult with an experienced hernia mesh attorney who can provide a more accurate estimate based on your specific circumstances.

Potential Compensation for Victims of Hernia Mesh Lawsuits in New York

If you’ve been affected by a defective hernia mesh implant, you might be wondering about the potential compensation you could receive. Potential compensation for hernia mesh lawsuit victims in New York depends on factors such as injury severity, medical expenses, and overall economic impact.

The expected settlement amount for the average hernia mesh lawsuit ranges between $70,000 and $90,000. However, settlements for hernia mesh lawsuits typically fall between $65,000 and $80,000, but in cases involving severe complications, they can escalate to as much as $1 million.

Filing a New York Hernia Mesh Lawsuit

If you’re considering filing a hernia mesh lawsuit, it’s crucial to understand the process. Filing a hernia mesh lawsuit in New York requires presenting evidence such as medical records, imaging studies, and personal records and adhering to the statute of limitations.

Types of Evidence To Present

When you’re filing a hernia mesh lawsuit, the types of evidence you present can make or break your case. Some critical pieces of evidence in a hernia mesh lawsuit include:

• Medical records detailing the initial hernia repair surgery
• Operative reports
• Records of any follow-up medical treatment
• Records of revision surgeries

These pieces of evidence are crucial in building a strong case for your hernia mesh lawsuit.

Imaging studies like X-rays or MRIs, photographic evidence of complications, and preserving the defective mesh implant, if removed, are all crucial forms of evidence demonstrating the complications associated with the hernia mesh.

Personal records such as detailed pain diaries, witness testimonies, and financial records can substantially reinforce the case by outlining the claimant’s personal suffering and economic losses due to the hernia mesh complications.

New York Statute of Limitation

Another crucial factor to consider is the statute of limitations for hernia mesh lawsuits in New York. For product liability cases involving hernia mesh, the statute of limitations is three years from the date of injury.

If the lawsuit is for medical malpractice related to hernia mesh procedures, the statute of limitations is two and a half years from the date of the procedure.

Related Articles:

• New Mexico Hernia Mesh Lawsuit
• New Hampshire Hernia Mesh Lawsuit Attorney
• New Jersey Hernia Mesh Lawsuit

FAQs

Can I still join a hernia mesh lawsuit if my symptoms are not severe?

Yes, even if your symptoms are mild, you may still qualify to join a lawsuit if the hernia mesh has caused complications. Consulting with an attorney can help determine the strength of your case and your eligibility.

What evidence is needed for a hernia mesh lawsuit?

Evidence required for a hernia mesh lawsuit includes medical records, proof of mesh implantation, documentation of complications and additional surgeries, and any communication with healthcare providers regarding your condition.

What are the potential outcomes of a hernia mesh lawsuit?

Potential outcomes include settlements covering medical expenses, lost wages, pain and suffering, and other damages. If a settlement is not reached, the case may proceed to trial where a judge or jury will decide the outcome.

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

Get Your Free Consultation From New York Hernia Mesh Lawyers

Schmidt & Clark, LLP is here to support you during tough times. If you or a loved one has suffered injuries from hernia mesh complications, reach out to us. Our team is experienced in handling these cases and will guide you through the legal process.

We’ll help you understand your rights and determine if you’re eligible for a hernia mesh lawsuit. Consultations are free, and there are no fees unless we win your case.

Reference:

1. https://www.nghs.com/2020/11/19/importance-of-using-mesh-in-hernia-repair-surgery
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025
3. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4976579/