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Pennsylvania Hernia Mesh Lawsuit: Get the Right Attorney

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Collen Clark Published by Collen Clark

Hernia Mesh Lawsuit
If you or someone you know has experienced complications from hernia mesh, Schmidt & Clark, LLP, is here to help. Recognized for our expertise in plaintiff representation, our primary goal is to ensure you receive the justice and compensation you’re entitled to.

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Quick Summary

  • Initiating a Lawsuit: Understand the initial steps required to begin a hernia mesh lawsuit in Pennsylvania, including how to document your complications and the importance of timely legal consultation. Identifying a skilled attorney who specializes in medical device litigation can significantly enhance your ability to navigate the complexities of the legal process.
  • Recent Legal Developments: Stay informed about the latest legal precedents and changes in Pennsylvania that could affect hernia mesh litigation. This knowledge is crucial for adjusting your legal strategy and setting realistic expectations for the outcomes of your lawsuit.
  • Eligibility for Compensation: Explore the types of compensation available for hernia mesh complications in Pennsylvania, from covering medical expenses to compensating for pain and suffering. Understanding how compensation is determined will help you assess the potential value of your case and strategize accordingly.

Hernia Mesh Lawsuits

When a hernia mesh surgery goes awry due to a defective product, it can lead to devastating complications. Understanding your rights in such cases is crucial to ensure fair compensation and hold the manufacturers accountable for their negligence.

Hernia mesh lawsuits are increasingly common, with patients seeking compensation for:

  • Medical costs
  • Future expenses
  • Lost wages
  • Pain and suffering

If you’re facing complications due to a hernia mesh implant, engaging an experienced hernia mesh attorney can help you navigate the legal maze and file hernia mesh claims effectively.

What Is Hernia Mesh?

According to a 2023 notice from the FDA, hernia mesh is a medical device often used in hernia repair surgeries [1]. However, some of these hernia mesh products, including Atrium’s C-Qur Mesh and Ethicon’s Physiomesh, have been recalled in Pennsylvania due to significant defects. If your hernia mesh product has been recalled, it can provide a stronger foundation for your legal claim.

Hernia mesh manufacturers are often accused of defects in their product design, lack of adequate testing, and failure to warn about associated risks. A majority of these complications arise from polypropylene meshes, leading to severe injuries.

It’s noteworthy that most hernia mesh recall incidents between 2005 and 2019 were Class 2 recalls, indicating a risk of temporary or medically reversible adverse health outcomes.

Latest Hernia Mesh Lawsuit Updates

Staying updated on the latest developments in hernia mesh lawsuits is crucial in understanding the evolving legal landscape. For example, a notable development is the upcoming settlement mediation for the polypropylene hernia mesh litigation scheduled for March 2024, which will influence future settlements in Bard hernia mesh lawsuits.

Meanwhile, a global settlement has been reached in the Ethicon Physiomesh hernia mesh lawsuit, impacting over 3,600 plaintiffs.

Preparations for bellwether trials for Covidien hernia mesh lawsuits are also underway. These trials are instrumental in setting precedents that will influence proceeding trials and settlements. The Bard hernia mesh MDL has surpassed 21,000 cases, putting pressure on a global settlement.

The Role of Multidistrict Litigation (MDL) in Pennsylvania Cases

Hernia multidistrict litigation (MDL) plays a significant role in handling hernia mesh lawsuits. MDL aims to address the large volume of polypropylene hernia mesh cases efficiently, with companies like Johnson & Johnson and Ethicon settling 224 cases in a Georgia MDL.

The outcomes of upcoming bellwether trials are crucial as they will establish precedents influencing future trials and settlements. Some of the major manufacturers involved in litigation in Pennsylvania include:

  • Atrium
  • Covidien/Medtronic
  • C.R. Bard
  • Ethicon/Johnson & Johnson

The case of Jacob Bryan, scheduled for April 2024, is one of the bellwether trials that will have a significant impact on the litigation.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because they have encountered complications and injuries due to hernia mesh failures, which often necessitate further surgeries for correction. The lawsuits allege that the products are defective in their design and manufacture and that warnings about the risks of hernia mesh failure were insufficient or absent on the labeling.

Allegations against the faulty hernia mesh include:

  • Malpractice against doctors who implanted the mesh
  • Compensation for damages such as lost wages, medical bills, pain and suffering, and loss of quality of life
  • Ongoing problems from the mesh implants that were not resolved by revision surgery

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

Complications Named in the Lawsuits

According to a 2020 research by Science Direct, the complications and injuries that result from hernia mesh failure form the core of many lawsuits. The most common adverse effects following hernia mesh repair include [2]:

Complications such as intense pain, infections, and hernia mesh injuries can also arise from the use of a defective hernia mesh implant, leading to serious complications in preventing hernia recurrence and potentially causing a hernia mesh injury.

Recognizing hernia mesh symptoms is crucial for timely intervention and treatment of issues related to surgical mesh.

Specific injuries leading to lawsuits include organ perforation, mesh migration, and severe pain, often requiring additional surgeries. Symptoms such as abdominal pain, nausea, vomiting, fever, and swelling around the implant site can signal mesh rejection, another serious complication leading to legal action.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who underwent hernia repair surgery using mesh from January 1, 2006, onwards and subsequently suffered from severe complications such as adhesions, hernia recurrence, intestinal blockage, or mesh migration at least 30 days after the procedure may qualify to file a hernia mesh lawsuit.

Patients who had to undergo hernia revision surgery or another corrective surgery due to complications with the initial repair could qualify to file a surgical hernia mesh lawsuit. However, there are certain exclusions.

For instance, surgeries that occurred before January 1, 2006, experiencing non-qualifying injuries, using mesh not manufactured by a qualifying manufacturer, or injuries that manifested less than 30 days post-surgery are typically excluded.

Hernia Mesh Lawsuit Settlement Amounts in Pennsylvania

Hernia mesh settlement amounts in Pennsylvania are determined by several factors, including:

  • Medical bills
  • Corrective surgeries required
  • The severity of the injury
  • Emotional suffering
  • Lost wages

While some predictions average around $65,000-$70,000, actual settlement amounts can be higher or lower based on the individual case.

The economic and emotional impact of hernia mesh complications can be significant, including:

  • Persistent pain
  • Infections
  • Additional surgeries
  • Lost wages
  • Long-term medical care needs

These factors can greatly influence the hernia mesh compensation awarded to plaintiffs. However, it’s important to note that details of the largest hernia mesh settlements in Pennsylvania are usually confidential and not publicly disclosed, making it challenging to gain insight into potential settlement amounts.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Pennsylvania

If you’ve been a victim of a faulty hernia mesh, you may be entitled to compensation. Damages similar to those sought in other personal injury lawsuits can be sought, including medical bills, additional surgeries, medication costs, and treatment fees.

Compensation can also cover non-economic damages such as pain and suffering, anxiety, depression, PTSD, loss of enjoyment of life, and trauma to other organs.

Economic losses such as lost wages and benefits during recovery time may also be claimed. In certain situations, if a manufacturer is shown to have been negligent in other lawsuits, claimants could request punitive damages as part of their compensation.

Average settlement amounts for hernia mesh cases in Pennsylvania range between $65,000 and $80,000, but this can vary based on the specific circumstances of the case.

Filing a Pennsylvania Hernia Mesh Lawsuit

Filing a hernia mesh lawsuit in Pennsylvania involves meeting certain criteria and presenting a well-documented case. Eligibility requires having hernia mesh surgery on or after January 1, 2006, and experiencing complications that necessitate revision surgery.

The lawsuit must assert that the hernia mesh was defective and that its defect was the cause of the patient’s injuries, supported by a detailed timeline of relevant medical events.

Types of Evidence To Present

When filing a hernia mesh lawsuit, presenting solid evidence is crucial. Essential medical records include:

  • The original implant surgery records.
  • The product stickers page identifies the mesh product.
  • All related post-surgery treatment documentation.

If the product stickers page is absent, implant surgery records or hospital billing records must be used to identify the hernia mesh, sometimes requiring an affidavit from the surgeon.

Patients can aid their case by maintaining a detailed symptoms journal and preserving the mesh if it has been recalled and removed during surgery.

Pennsylvania Statute of Limitation

Awareness of the Pennsylvania statute of limitations for hernia mesh claims is vital. This law typically allows two years from the date of injury discovery to initiate a lawsuit.

It’s important to note that the two-year period may see variations based on the individual circumstances surrounding the discovery of the injury.

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

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Have you or a loved one suffered severe pain or injury from a defective medical device?

Get Your Free Consultation From Pennsylvania Hernia Mesh Lawyers

The legal team at Schmidt & Clark, LLP stands ready to assist you in navigating the challenges of hernia mesh complications. If you or someone close to you has been affected by such injuries, we encourage you to get in touch.

Our attorneys have a wealth of experience in managing hernia mesh cases and will provide step-by-step guidance throughout the legal proceedings. We are here to clarify your legal rights and assess your eligibility for filing a hernia mesh lawsuit.

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

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