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Table Of Contents
- South Carolina Hernia Mesh Lawsuit Overview
- Latest South Carolina Hernia Mesh Lawsuit Updates
- FDA Reports and Statistics
- South Carolina Hernia Mesh Injuries & Side Effects
- Do You Qualify for a South Carolina Hernia Mesh Lawsuit?
- South Carolina Hernia Mesh Recall Information
- Statute of Limitations for South Carolina Hernia Mesh Lawsuits
- FAQs
- 1. What are the most common complications of hernia mesh implants?
- 2. What is the difference between a class action and multidistrict litigation (MDL) for hernia mesh cases?
- 3. What are compensatory damages in hernia mesh lawsuits?
- 4. What is the average settlement amount for South Carolina hernia mesh cases?
- 5. Can I file a lawsuit if I didn’t suffer permanent damages?
- 6. How does the tier-based settlement system work?
- 7. What role do bellwether trials play in hernia mesh litigation?
- 8. Do I need to consult with a South Carolina hernia mesh lawyer?
- 9. What happens if I experienced complications from hernia repair surgery?
- 10. How do design defects and manufacturing defects affect my case?
- Get Your Free South Carolina Hernia Mesh Lawsuit Evaluation With Our Lawyers
South Carolina Hernia Mesh Lawsuit Overview
There has been a noticeable upsurge in hernia mesh lawsuits in South Carolina, with patients experiencing severe complications from defective mesh devices.
Primary allegations focus on manufacturers including Ethicon’s Physiomesh, C.R. Bard’s Composix Kugel Hernia Mesh, and Atrium Medical’s C-QUR Mesh for design defects, manufacturing defects, and failure to warn about risks.
Over 18,000 hernia mesh cases have been filed nationwide, with the C.R. Bard hernia mesh MDLs involving 20,973 cases as of 2024.
The FDA has issued guidance on hernia mesh complications, with several manufacturers issuing voluntary recalls from February 2005 to February 2019 due to high failure rates [1].
Latest South Carolina Hernia Mesh Lawsuit Updates
- June 1, 2025: The number of active cases in the Bard Hernia Mesh multidistrict litigation (MDL 2846) slightly decreased to 24,074, a drop of just four cases from 24,078 on May 1 [2].
- April 2024 – Fourth bellwether trial involving Bard (Bryan v. C.R. Bard Inc. et al.) focusing on complications from Bard 3DMax mesh, potentially shaping future litigation tactics and settlement negotiations [3].
FDA Reports and Statistics
According to the FDA’s 2023 guidance, hernia mesh is a medical device used in hernia repair surgeries, but not all products are created equal due to design and manufacturing defects [4].
The FDA has documented significant safety concerns with various mesh products.
Key Statistics:
- 18,000+ cases filed nationwide for hernia mesh complications
- 21,169 cases in the C.R. Bard hernia mesh MDL as of January 2024
- $500,000 recent verdict awarded to hernia mesh plaintiff
- Settlement range of $5,000 to $1.5 million reported
FDA Regulatory Actions:
- Multiple voluntary recalls from February 2005 to February 2019
- Composix Kugel Mesh X-Large Patch recalled due to memory recoil ring issues
- Ethicon’s Proceed Surgical Mesh recalled for seal integrity and delamination issues
- Atrium’s C-QUR Mesh recalled due to various complications
- Counterfeit Prolene Mesh and ProGrip Mesh issues documented
Several manufacturers issued hernia mesh recalls from February 2005 to February 2019. These recalls were voluntary and not FDA-mandated because some hernia mesh products had high failure rates or caused injuries to patients. Some of the recalls were also for packaging errors. – Mark C. Howell Jr., Ph.D., Medical Scientist, Researcher & Expert Contributor
South Carolina Hernia Mesh Injuries & Side Effects
According to 2020 research by Science Direct, hernia mesh complications present a range of symptoms from localized pain to life-threatening conditions requiring immediate medical attention [5]. These complications often necessitate revision surgery and can significantly impact quality of life.
Serious complications include:
- Hernia Recurrence: Original hernia returns despite mesh placement
- Fistulas and Adhesions: Abnormal connections between organs and tissue scarring
- Abscesses and Infections: Bacterial contamination leading to severe complications
- Bowel Obstruction: Mesh blocks normal intestinal function
- Mesh Migration: Device moves from original placement causing internal damage
Do You Qualify for a South Carolina Hernia Mesh Lawsuit?
You may qualify for a South Carolina hernia mesh lawsuit if:
- You underwent hernia mesh surgery in South Carolina after January 1, 2006
- You experienced serious side effects including hernia recurrence, fistulas, adhesions, abscesses, bowel obstruction, chronic pain, mesh migration, or organ perforation
- The injuries required medical treatment, hospitalization, or hernia repair surgery
- You can provide medical documentation linking your injuries to the hernia mesh implant
A subsequent medical examination is often required to establish causation between hernia mesh complications and the alleged product defects.
Evidence Required for a South Carolina Hernia Mesh Lawsuit
Essential documentation includes:
- Medical Records: Detailed account of medical history, hernia mesh surgery, and complications experienced.
- Hospital Documentation: Records of visits, surgeries, treatments, and related medical services.
- Expert Testimony: Medical experts can validate injury severity and connect complications to defective mesh.
- Personal Documentation: Photographs of injuries, personal diaries detailing pain and suffering, and testimonies from family and friends.
Damages You Can Recover
South Carolina hernia mesh victims may receive:
- Medical Expenses: Current and future medical costs including revision surgeries
- Lost Wages: Compensation for income lost due to complications and recovery time
- Pain and Suffering: Physical discomfort, mental anguish, and reduced quality of life
- Punitive Damages: Additional compensation if manufacturer conduct is found particularly egregious
South Carolina Hernia Mesh Recall Information
Several manufacturers have issued voluntary recalls from February 2005 to February 2019 due to high failure rates and patient injuries:
- C.R. Bard: Composix Kugel Mesh X-Large Patch recalled for memory recoil ring issues
- Ethicon: Proceed Surgical Mesh recalled for seal integrity and delamination issues
- Atrium Medical: C-QUR Mesh recalled due to various complications
- Counterfeit Products: Counterfeit Prolene Mesh identified in market
- ProGrip Mesh: Issues with micro grips causing severe pain
Statute of Limitations for South Carolina Hernia Mesh Lawsuits
Three years from the date of injury to file a hernia mesh lawsuit. It’s crucial to start the legal process early, as proper investigation and preparation can take significant time.
Missing this deadline may result in losing your right to pursue compensation.
Related Article: Rhode Island Hernia Mesh Lawsuit Attorney
FAQs
1. What are the most common complications of hernia mesh implants?
Common complications include chronic pain, infection, mesh migration, bowel obstruction, organ perforation, adhesion to other tissues, and the need for additional surgeries to address these issues.
2. What is the difference between a class action and multidistrict litigation (MDL) for hernia mesh cases?
Class action lawsuits combine individual plaintiffs into a single suit, while MDLs centralize similar cases under one court for pre-trial proceedings but keep them as separate cases.
3. What are compensatory damages in hernia mesh lawsuits?
Compensatory damages cover economic losses (medical expenses, lost wages) and non-economic losses (pain and suffering, emotional distress). These damages aim to make the plaintiff whole again.
4. What is the average settlement amount for South Carolina hernia mesh cases?
Settlement amounts typically range from $5,000 to $1.5 million, with the national average around $65,000-$70,000, though individual cases can vary significantly.
5. Can I file a lawsuit if I didn’t suffer permanent damages?
Yes, victims may be entitled to compensation even without permanent damages. Both temporary and permanent injuries from defective hernia mesh can qualify for compensation.
6. How does the tier-based settlement system work?
The tier-based system awards higher settlements to plaintiffs with more significant injuries, with the most severe cases potentially receiving $110,000-$130,000.
7. What role do bellwether trials play in hernia mesh litigation?
Bellwether trials serve as test cases to predict outcomes of future trials and can significantly impact settlement negotiations and litigation strategies.
8. Do I need to consult with a South Carolina hernia mesh lawyer?
Yes, if you’re unsure about qualification, it’s advisable to seek a free consultation to assess your case and receive guidance on next steps.
9. What happens if I experienced complications from hernia repair surgery?
If complications necessitated revision surgery and occurred after January 1, 2006, you may qualify to file a lawsuit seeking compensation for your injuries.
10. How do design defects and manufacturing defects affect my case?
These defects, along with inadequate labeling, form the basis of hernia mesh lawsuits, as they demonstrate manufacturer failure to provide safe products with adequate warnings.
See all related medical device lawsuits our attorneys covered so far.
Get Your Free South Carolina Hernia Mesh Lawsuit Evaluation With Our Lawyers
At Schmidt & Clark, LLP, we stand by your side during challenging times. If you or someone you care about has been affected by hernia mesh complications, don’t hesitate to get in touch.
Our seasoned team of South Carolina hernia mesh lawyers specializes in these complex cases and is ready to steer you through every step of the legal journey.
We’re here to clarify your legal options and assess your eligibility for a hernia mesh lawsuit. Our consultations are free, and we operate on a contingency fee basis – you won’t pay unless we secure a win for you.
References
- https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair#What2.
- https://www.lawsuit-information-center.com/bard-hernia-mesh-lawsuits.html
- https://www.millerandzois.com/products-liability/hernia-mesh-case-value/
- https://www.sciencedirect.com/science/article/pii/S2666138120300025