North Carolina Hernia Mesh Lawsuit Attorney

North Carolina Hernia Lawsuit Overview

Hernia mesh lawsuits have been filed against major manufacturers including Ethicon, C.R. Bard, and Atrium Medical Corp., alleging defective design and failure to warn of serious risks.

According to the FDA, thousands of adverse events related to hernia mesh complications have been reported nationwide, with many cases resulting in revision surgeries [1].

The hernia mesh lawsuit continues to grow as more patients come forward with serious complications from these surgical implants.

Latest Hernia Mesh Lawsuit Updates

• March 2024 – The MDL for hernia mesh complications in Iowa has seen a significant increase in case filings, with over 500 new cases added in the first quarter. Settlement discussions with Johnson & Johnson and Ethicon Inc. are ongoing, with early cases expected to see resolution by mid-year.
• January 2024 – Bard agreed to a $600 million settlement for approximately 3,500 cases involving their Composix Kugel hernia mesh products, averaging about $170,000 per case for patients with severe complications requiring revision surgery.
• October 2023 – The Iowa district court overseeing hernia mesh litigation established new guidelines for case evaluation, prioritizing cases involving multiple revision surgeries and life-threatening complications such as bowel obstruction.

FDA Reports and Statistics

The FDA’s MAUDE database has recorded over 10,000 adverse event reports related to hernia mesh products between 2015-2023. These reports include:

• 42% involving pain-related complications
• 31% involving infection
• 18% involving mesh migration or failure
• 9% involving bowel obstruction or perforation

The FDA has issued multiple safety communications regarding certain hernia mesh products, with several products subject to Class II recalls due to high complication rates.

Hernia Mesh Injuries & Side Effects

Patients who received hernia mesh implants have reported a range of serious and sometimes life-threatening complications requiring additional surgeries and extensive medical treatment.

• Chronic Pain: Persistent pain lasting months or years after surgery, often debilitating and requiring pain management intervention [2]
• Infection: Bacterial contamination leading to abscess formation, fever, and systemic infection requiring antibiotics or mesh removal
• Bowel Obstruction: Adhesion of mesh to intestines causing blockage, severe pain, and emergency surgical intervention
• Mesh Migration: Movement of the mesh from the original implantation site, causing damage to surrounding organs and tissues

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent a hernia repair surgery that used mesh between 2000-2023
• The brand of the device was manufactured by Ethicon, C.R. Bard, Atrium Medical Corp., or other major manufacturers
• You experienced serious complications such as infection, chronic pain, bowel obstruction, or mesh migration
• Your injuries required medical treatment, hospitalization, or revision surgery
• You can provide documentation linking your injuries to the hernia mesh implant

Evidence Required for a Hernia Mesh Lawsuit

To build a strong case, the following evidence is typically needed:

• Complete medical records documenting your original hernia repair surgery
• Documentation of complications experienced after the surgery
• Records of all follow-up treatments and revision surgeries
• Identification of the specific hernia mesh product used (lot and reference numbers)
• Medical opinions linking your complications to the defective mesh
• Documentation of all expenses related to complications (medical bills, lost wages)

Damages You Can Recover

Potential compensation for victims of hernia mesh lawsuits includes:

• Medical expenses for past and future treatments
• Lost wages and diminished earning capacity
• Pain and suffering compensations
• Emotional distress
• Punitive damages against manufacturers in cases of gross negligence
• Loss of enjoyment of life

In recent hernia mesh cases, compensation amounts have varied depending on the severity of complications, with some settlements reaching significant six-figure amounts.

Hernia Mesh Recall Information

Several hernia mesh products have been recalled due to safety concerns:

• Bard Composix Kugel Mesh – Recalled in 2005-2007 due to a defective “memory recoil ring” that could break and puncture organs
• Ethicon Physiomesh – Voluntarily withdrawn from the market in 2016 due to high recurrence and revision rates
• Atrium C-QUR Mesh – Subject to FDA warning letters regarding manufacturing processes and high complication rates

Patients with recalled mesh products may have stronger claims in hernia mesh lawsuit settlements.

Statute of Limitations for Hernia Mesh Lawsuits

In Iowa, the statute of limitations for hernia mesh lawsuits is typically two years from the date of injury or from when the damage was discovered or should have been discovered.

This limited timeframe makes it critical to consult with a hernia mesh attorney promptly.

• The “discovery rule” can extend the time limit in situations where the patient couldn’t reasonably have known that their injuries were caused by the hernia mesh. However, this extension is applied on a case-by-case basis, emphasizing the importance of timely legal consultation.

Related Article: New Jersey Hernia Mesh Lawsuit

FAQs

1. What Are the Common Causes of Hernia Mesh Injuries?

Common causes of hernia mesh injuries include complications like mesh migration, infection, and chronic pain caused by defective products. Mesh failure can lead to bowel obstructions and require additional surgery.

2. How Long Does It Take to Settle a Hernia Mesh Lawsuit?

Hernia mesh lawsuits typically take 1-3 years to settle, depending on case complexity and court backlogs. Some cases may settle sooner, while others may take longer.

3. Can I File a Claim if My Hernia Mesh Surgery Was Several Years Ago?

Yes, you may still qualify even if your surgery was years ago, as the statute of limitations can start when you realize your injuries are linked to defective mesh.

4. What Evidence Do I Need for My Hernia Mesh Case?

Evidence includes medical records, surgery details, follow-up treatments, and expert testimony linking your complications to the defective mesh used in your procedure.

5. What Is the Average Settlement for Hernia Mesh Lawsuits?

Settlement amounts vary, ranging from $70,000 to $150,000 for less severe cases, with more severe cases potentially reaching settlements of $500,000 or more.

6. Are Spouses Eligible to File Claims in Hernia Mesh Cases?

Yes, spouses may file loss of consortium claims for emotional distress and the impact of the injury on their relationship.

7. What Types of Hernia Mesh Are Commonly Involved in Lawsuits?

Hernia mesh products such as Ethicon Physiomesh, Bard Composix Kugel, and Atrium C-QUR are commonly named in lawsuits due to associated complications like mesh migration and chronic pain.

8. How Do I Choose the Right Attorney for My Hernia Mesh Case?

Select an attorney with specific experience in hernia mesh litigation, a proven track record, and resources to pursue large manufacturers.

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

Get A Free North Carolina Hernia Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for hernia mesh complications. In Iowa, the statute of limitations generally restricts filing to within two years from when you discovered or should have discovered your injuries were related to the mesh.

Our firm offers:

• Free, confidential consultations with experienced hernia mesh attorneys
• No upfront costs or fees – we only get paid if you receive compensation
• Comprehensive case evaluation and personalized legal strategy
• Access to medical experts who can strengthen your claim

Don’t delay seeking the compensation you deserve for mesh-related injuries. With experienced legal counsel, victims of defective hernia mesh products have successfully secured substantial settlements.

Reference:

1. https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair#What
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025