South Carolina Hernia Mesh Lawsuit: Get the Right Attorney

Could a simple medical device to repair hernias cause more harm than good? Many in South Carolina are discovering the severe complications linked to hernia mesh implants.

This article will delve into the risks, legal actions, and steps you can take if you’ve been affected by these potentially dangerous devices.

Keep reading to learn more about the growing hernia mesh lawsuits and how they might impact your health and rights.

Quick Summary

• Hernia mesh implants in South Carolina have led to severe complications such as infections, mesh migration, and chronic pain, which have become the basis for numerous lawsuits.
• South Carolina residents are increasingly pursuing legal action against mesh manufacturers for not adequately warning about the risks, with many cases involving mesh failure within the first five years.
• Over 18,000 hernia mesh cases have been filed, highlighting the widespread impact and serious implications for patients suffering from mesh complications.

Hernia Mesh Lawsuits: The Overview

While hernia mesh lawsuits are not uncommon, there has been a noticeable upsurge in South Carolina, causing alarm and sparking investigations. The Bard hernia mesh lawsuits allege that devices manufactured by C.R. Bard, a leading hernia mesh manufacturer, were defective, leading to severe complications in patients.

These defects have resulted in debilitating complications, including:

• Hernia recurrence
• Fistulas
• Adhesions
• Abscesses
• Bowel obstruction

Imagine undergoing a seemingly routine hernia surgery, only to be left grappling with severe health issues due to a defective hernia mesh implant following your hernia repair surgery.

The cases are not isolated; over 18,000 hernia mesh cases have been filed, painting a grim picture of the scale of the problem. The surge in lawsuits is a testament to the serious implications for patients affected by hernia mesh complications.

What Is Hernia Mesh?

According to a 2023 notice from the FDA, hernia mesh is a medical device used in hernia repair surgeries. However, not all hernia mesh products are created equal. Several types of hernia mesh implants have been subject to litigation due to design and manufacturing defects that have led to severe complications [1].

Among the common types of hernia mesh implants under litigation are:

• Ethicon’s Physiomesh
• C.R. Bard’s Composix Kugel Hernia Mesh
• Atrium Medical’s C-QUR Mesh

Each has had its fair share of complications, leading to recalls of specific products. For instance, the Composix Kugel Mesh X-Large Patch was recalled due to memory recoil ring issues. At the same time, Ethicon’s Proceed Surgical Mesh faced recall due to seal integrity and delamination issues. Atrium’s C-QUR Mesh was also recalled due to various complications.

Latest Hernia Mesh Lawsuit Updates

As the hernia mesh litigation landscape evolves, so does the importance of bellwether trials. These trials serve as test cases to help predict the outcomes of future trials and can significantly impact settlement negotiations and litigation strategy.

In particular, the fourth bellwether trial involving Bard, set for April 2024, is one to watch. The Bryan v. C.R. Bard Inc. et al. case will focus on complications from the Bard 3DMax mesh, potentially shaping upcoming litigation tactics.

The outcomes of bellwether trials can influence the course of ongoing litigation, settlement strategies, and how new plaintiffs join the litigation or are chosen for individual trials. The legal world watches these trials closely as they can set precedents for similar cases.

A concerted effort is being made to resolve cases influenced by the results of bellwether trials. This is indicated by key motion deadlines in the Covidien MDL and the appointment of mediators in the Bard MDL. These efforts reveal a concerted push toward resolving hernia mesh lawsuits promptly and fairly.

The Role of Multidistrict Litigation (MDL) in South Carolina Cases

Multi-District Litigation (MDL) is instrumental in handling hernia mesh lawsuits in South Carolina. MDL consolidates numerous cases from around the country into one federal court to enhance efficiency and save costs. This process aggregates individual hernia mesh claims into mass torts, optimizing the management of numerous similar legal cases.

Several hernia mesh MDLs, such as MDL 2846, MDL 2782, and MDL 2753, encapsulate the claims of thousands of patients who experienced complications due to potentially harmful or defective hernia mesh products. These collective proceedings have been unified into a Multi-District Litigation similar to class actions, allowing for coherent pre-trial proceedings.

The C.R. Bard hernia mesh MDL is a case in point. Currently, it involves 20,973 cases, with the addition of nearly 100 new filings in January 2024, bringing the total to 21,169 without a global settlement despite several bellwether trials.

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

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because they have suffered from serious health complications after the implantation of hernia mesh devices that were supposed to aid in their recovery.

These lawsuits stem from the belief that the manufacturers of these medical devices failed to provide safe products and did not adequately warn about the potential risks associated with their use.

As a result, patients have faced additional surgeries, prolonged pain, and a cascade of other health issues, which have disrupted their lives and inflicted financial burdens due to mounting medical costs and lost wages.

The legal actions represent the victims’ pursuit of fair compensation and accountability from the device manufacturers. The lawsuits allege that the hernia mesh products had design defects, manufacturing defects, and inadequate labeling that did not sufficiently warn of potential risks.

Complications Named in the Lawsuits

According to a 2020 research by Science Direct, hernia mesh lawsuits name a range of complications that patients have experienced. Symptoms of hernia mesh complications can include localized pain, nausea, and lethargy, among others [2].

These symptoms might seem common post-surgery discomforts, but they can be indicators of severe underlying issues that require urgent medical attention.

Other symptoms include constipation or bowel obstruction, erectile dysfunction, and symptoms following activities like eating or exercising. Some patients have also reported fever, increased redness, and difficulty with normal body functions.

Recalls such as the counterfeit Prolene Mesh and issues with the ProGrip Mesh’s micro grips causing severe pain underscore the importance of identifying these symptoms. Recognizing these issues early can help address specific defects and prevent further complications.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have undergone hernia mesh surgery after January 1, 2006, and have since experienced complications that necessitated further medical intervention, qualify to file a hernia mesh lawsuit.

However, the surgery alone is not enough. The individual must have suffered from complications that necessitated revision surgery. If your hernia mesh implant led to complications and you needed another surgery to fix it, you could potentially file a lawsuit.

A subsequent medical examination is often required to establish causation between the hernia mesh complications and the alleged defects in the product. This is where medical experts’ role becomes crucial, as they can help connect the dots between the complications and the defective hernia mesh.

If you’re unsure whether you qualify, it’s advisable to seek a free consultation from a South Carolina hernia mesh lawyer. They can help assess your case and guide you on the next steps.

Hernia Mesh Lawsuit Settlement Amounts in South Carolina

If you’re contemplating a hernia mesh lawsuit, you’re likely curious about potential settlement figures. In South Carolina, these amounts vary based on several factors, including the severity of your injury, the cost of your medical treatment, and any necessary additional surgeries.

Settlement amounts for hernia mesh lawsuits typically range between $5,000 and $1 million. However, there have been cases where the settlement reached as high as $1.5 million. This shows the potential for substantial compensation, especially for cases with severe complications and significant financial losses.

However, specific settlement amounts in hernia mesh lawsuits are not typically disclosed. Yet, jury verdicts and case updates provide some insight into the potential compensation. For instance, a recent verdict in a hernia mesh lawsuit awarded a plaintiff $500,000, indicating the potential value of these cases in court.

It’s important to note that settlement negotiations in hernia mesh lawsuits are ongoing, and amounts can fluctuate based on new evidence, trial outcomes, and the strength of individual claims. A bellwether trial scheduled for April 2024 could influence future settlement amounts, reflecting the importance of trial outcomes in shaping settlement negotiations.

Potential Compensation for Victims of Hernia Mesh Lawsuits in South Carolina

Plaintiffs in hernia mesh lawsuits could secure significant compensation. The projected average settlement for hernia mesh lawsuits nationally is around $65,000-$70,000. However, individual settlements may significantly vary, with estimates ranging from $50,000 to $1 million.

It’s important to note that victims may be entitled to compensation even if they did not suffer permanent damages. If you’ve suffered due to a defective hernia mesh, whether your injuries were temporary or permanent, you are encouraged to seek compensation for your ordeal.

Compensation in hernia mesh lawsuits is determined using a tier-based system. This system awards higher settlements to plaintiffs with more significant injuries, with the most severe cases potentially bringing in $110,000-$130,000.

The compensation aims to cover both economic and non-economic damages. Economic damages can include medical expenses and lost wages, while non-economic damages can include pain and suffering, mental anguish, and reduced quality of life.

Filing a South Carolina Hernia Mesh Lawsuit

There is a specific legal timeline for filing a hernia mesh lawsuit in South Carolina. This timeline outlines the sequence of events and expectations from the initiation of the lawsuit to its resolution.

The process of a lawsuit typically involves the following steps:

1. Filing of the lawsuit
2. Discovery, where both sides gather evidence
3. Pre-trial motions
4. The trial itself
5. Verdict or settlement

While this might seem straightforward, each step is fraught with legal intricacies that require the expertise of a skilled attorney.

The efficiency of the process was exemplified in the Bard Hernia Mesh Trial, where a jury was seated, and opening statements were made on the same day. This showcases the court’s commitment to swiftly moving cases

Remember, while this process might seem daunting, you’re not alone. South Carolina hernia mesh lawyers are there to guide you every step of the way, fighting for your rights and ensuring you receive the compensation you deserve.

Types of Evidence To Present

Presenting robust evidence to support your claims is essential when filing a hernia mesh lawsuit. This evidence can include medical records, expert testimony, and documentation of complications and their impact on your life.

Medical records are pivotal as they provide a detailed account of your medical history, the hernia mesh surgery, and the complications you experienced. This could include records of your hospital visits, surgeries, treatments, and any other related medical services.

Expert testimony can also be crucial in a hernia mesh lawsuit. Medical experts can provide a clearer understanding of the complications associated with the defective mesh and validate the severity of your injuries.

Lastly, personal documentation of the complications and their impact on your life can be compelling evidence. This could include:

• Photographs of your injuries
• Personal diaries detailing your pain and suffering
• Testimonies from family and friends about the changes in your lifestyle and personality due to the complications.

South Carolina Statute of Limitation

In South Carolina, you have three years from the date of injury to file a hernia mesh lawsuit. However, it’s crucial to start the process early, as proper investigation and preparation can take time.

This three-year window is known as the statute of limitations for hernia cases. If you miss this deadline, you may lose your right to pursue compensation for your injuries. Therefore, it’s essential to act swiftly and consult with a hernia mesh lawyer as soon as possible.

Related Articles:

• Pennsylvania Hernia Mesh Lawsuit
• Rhode Island Hernia Mesh Lawsuit Attorney
• Oregon Hernia Mesh Lawsuit

FAQs

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.

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. MDLs streamline the process and reduce costs.

What are compensatory damages in hernia mesh lawsuits?

Compensatory damages aim to cover economic losses (medical expenses, lost wages) and non-economic losses (pain and suffering, emotional distress). These damages are meant to make the plaintiff whole again.

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

Get Your Free Consultation From South Carolina Hernia Mesh 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 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.

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