South Dakota Hernia Mesh Lawsuit Attorney

Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits have been filed against major manufacturers including Johnson & Johnson, Ethicon Inc., and Bard, alleging defective design and failure to warn patients about serious risks.According to the FDA, thousands of adverse events related to hernia mesh complications have been reported, many of which have required revision surgeries [1].These lawsuits continue to gain momentum as more individuals experience severe complications from these surgical implants. The FDA issued warnings in response to increasing safety concerns regarding mesh products, and in some cases, recalls were initiated.This ongoing litigation is particularly focused on the high rate of complications such as chronic pain and mesh migration, with plaintiffs seeking compensation for their injuries, medical expenses, and other related damages.

Latest Hernia Mesh Lawsuit Updates

• March 2024 – Over 500 new cases were added to the hernia mesh multidistrict litigation (MDL) in Iowa during the first quarter. Settlement discussions with Johnson & Johnson and Ethicon Inc. continue, with early cases expected to see resolution by mid-year.
• January 2024 – Bard reached a $600 million settlement agreement for approximately 3,500 cases involving their Composix Kugel hernia mesh products. The settlement amounts average around $170,000 per case for patients who suffered severe complications requiring revision surgery.
• October 2023 – The Iowa district court overseeing the hernia mesh litigation established new case evaluation guidelines, prioritizing cases involving multiple revision surgeries and life-threatening complications such as bowel obstruction.
• According to a 2020 study by Science Direct, recurrent hernias and chronic pain from complications like mesh migration are among the primary causes leading to lawsuits by patients in Iowa [2].

The medical community has raised concerns about the long-term impacts of hernia mesh implants, prompting more people to file legal claims.

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% pain-related complications
• 31% infections
• 18% mesh migration or failure
• 9% bowel obstructions or perforation

The FDA has issued safety communications for certain hernia mesh products, with several facing Class II recalls due to a high number of complications.Some hernia mesh products, such as those manufactured by Ethicon and Bard, have been subject to regulatory action due to reports of failure and increased risk of injury.

Hernia Mesh Injuries & Side Effects

Patients who received hernia mesh implants have reported a range of serious complications, many of which require additional surgeries and extensive medical treatment:

• Chronic Pain: Persistent pain lasting for months or even years after surgery, often requiring pain management.
• Infection: Bacterial infections leading to abscess formation, fever, and in some cases, the need for mesh removal.
• Bowel Obstruction: Mesh adhesions causing blockage in the intestines, severe pain, and necessitating emergency surgery.
• Mesh Migration: The movement of mesh from its original position, damaging surrounding tissues and organs, leading to further complications.
• Adhesion Formation: Scar tissue causing organs to stick together, which can lead to chronic pain and further functional issues.
• Hernia Recurrence: Failure of the mesh to prevent hernia recurrence, which may require additional surgeries.

These injuries can significantly affect a patient’s quality of life, requiring multiple procedures and long-term care.

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

• You underwent a hernia repair surgery using mesh between 2000 and 2023
• The mesh was manufactured by Johnson & Johnson, Ethicon Inc., Bard, or another major manufacturer
• You experienced complications such as infection, chronic pain, bowel obstruction, or mesh migration
• Your injuries required medical treatment, hospitalization, or revision surgery
• You can provide medical documentation linking your injuries to the hernia mesh implant

If you meet these criteria, you may be eligible to pursue legal action and seek compensation for your suffering.

Evidence Required for a Hernia Mesh Lawsuit

To build a successful hernia mesh lawsuit, the following evidence is typically required:

• Complete medical records from the original hernia repair surgery
• Documentation of complications that arose after the surgery
• Records of all follow-up treatments and revision surgeries
• Identification of the hernia mesh product used, including lot and reference numbers
• Medical opinions linking your injuries to the defective mesh
• Documentation of medical expenses, lost wages, and other damages

Damages You Can Recover

If you have been injured by a defective hernia mesh product, you may be entitled to recover compensation for the following:

• Medical Expenses: Costs for surgeries, treatments, and ongoing medical care
• Lost Wages: Compensation for income lost due to your injuries
• Pain and Suffering: Payment for physical and emotional distress caused by complications
• Punitive Damages: In cases of gross negligence, punitive damages may be awarded
• Loss of Enjoyment of Life: Compensation for a diminished quality of life due to complications

In some cases, hernia mesh settlements have reached six figures, particularly for severe complications requiring multiple surgeries.

Hernia Mesh Recall Information

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

• Bard Composix Kugel Mesh: Recalled between 2005 and 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 rates and the need for revision surgeries
• Atrium C-QUR Mesh: Subject to FDA warning letters regarding manufacturing issues and high complication rates
• Bard PerFix Plug: Subject to litigation, though not officially recalled

If you received any of these recalled products, you may have a stronger case in hernia mesh litigation.

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 when the injury should have reasonably been discovered. This period is critical for pursuing legal action, as missing the statute of limitations could bar you from filing a claim.

• General Limit: Two years from when the injury was discovered
• Discovery Rule: In cases where the patient could not reasonably have known their injuries were related to defective mesh, the statute of limitations may be extended

Consulting with an experienced attorney is essential to ensure your case is filed within the allowed timeframe.Related Article

: Rhode Island Hernia Mesh Lawsuit Attorney

FAQs

1. How is litigation for hernia mesh cases being handled?

Many hernia mesh lawsuits are consolidated into multidistrict litigation (MDL), which streamlines pretrial processes while keeping individual cases intact for potential settlement or trial.

2. What types of hernia mesh are most commonly named in lawsuits?

The most frequently litigated hernia mesh products include Ethicon Physiomesh, Bard Composix Kugel, and Atrium C-QUR, all associated with a higher risk of complications like chronic pain, infection, and mesh migration.

3. What is the average settlement amount for hernia mesh cases?

Settlement amounts vary, with some cases reaching $70,000-$150,000 for moderate complications, while severe cases with multiple surgeries can result in settlements exceeding $500,000.

4. How long does it take to resolve a hernia mesh lawsuit?

Hernia mesh lawsuits typically take 1-3 years to resolve, depending on factors like case complexity and whether a settlement or trial occurs. MDL proceedings can expedite some aspects of litigation.

5. Can I file a claim if my hernia mesh surgery was several years ago?

You may still be eligible to file a claim, depending on when complications were discovered. The statute of limitations may be extended under Iowa’s “discovery rule,” allowing more time if injuries were not immediately recognized.

6. What evidence do I need to prove my hernia mesh case?

Key evidence includes medical records, revision surgery documentation, operative reports identifying the mesh used, and expert testimony linking complications to the defective mesh.

7. Are spouses eligible to file claims in hernia mesh cases?

Spouses may file loss of consortium claims for compensation related to the loss of companionship and support, typically alongside the main lawsuit.

8. How do I choose the right attorney for my hernia mesh case?

Seek an attorney experienced in hernia mesh litigation, with a track record of successful outcomes, resources to handle large manufacturers, and a contingency fee structure.See all related medical device lawsuits our attorneys covered so far.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for hernia mesh complications. In Iowa, the statute of limitations typically restricts filing to two years from the date you discovered or should have discovered that your injury was 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
• Personalized legal strategy and case evaluation
• Access to medical experts to strengthen your claim

Don’t wait to get the compensation you deserve for mesh-related injuries. Contact us today to begin your journey toward justice.
[Start Your Free Case Review Now]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