Utah Hernia Mesh Lawsuit Attorney

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Collen Clark Published by Collen Clark

Hernia Mesh Lawsuit
If you or a loved one experienced chronic pain, infection, mesh migration, bowel obstruction, or other complications following hernia repair surgery, you may be entitled to pursue compensation.At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective hernia mesh products. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.Contact Schmidt & Clark today for a free, no-obligation consultation.

Call us by dialing (866) 588-0600.

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Hernia Mesh Lawsuit Overview

Hernia mesh lawsuits involve claims against manufacturers like Atrium, Ethicon, and Bard for allegedly defective medical devices used in hernia repair surgery.Thousands of patients nationwide have reported severe complications following hernia mesh implantation.The FDA has issued multiple safety communications regarding several hernia mesh products, with some devices being recalled due to high complication rates.

Latest Hernia Mesh Lawsuit Updates

  • March 18, 2025 – The hernia mesh MDL involving Bard’s Composix® Kugel Hernia Patch has reached a $600 million settlement agreement covering approximately 5,000 plaintiffs who suffered complications after implantation.
  • January 10, 2025 – Ethicon has agreed to settle 2,500 cases for $120 million in the ongoing hernia mesh MDL, with an average payout of $48,000 per plaintiff for cases involving infection and chronic pain.
  • November 5, 2024 – The FDA has issued new safety guidelines for hernia mesh manufacturers following analysis of adverse event reports showing migration and adhesion complications in certain polypropylene mesh products.
  • September 15, 2024 – Atrium’s motion to dismiss 1,200 C-QUR mesh lawsuits was denied by the MDL judge, allowing these cases to proceed toward trial scheduling.

FDA Reports and Statistics

According to FDA MAUDE database reports, hernia mesh products have been linked to over 14,500 adverse events between 2018-2024. The most commonly reported complications include:

  • Chronic pain (38% of reports)
  • Infection (27% of reports)
  • Device migration (18% of reports)
  • Adhesion formation (14% of reports)
  • Bowel obstruction (12% of reports)

According to 2023 FDA notices, hernia mesh is a medical device commonly utilized in hernia repair surgeries to lend additional support to weakened or damaged tissue [1].

Hernia Mesh Injuries & Side Effects

Hernia mesh complications can range from chronic discomfort to life-threatening conditions that require additional surgeries to correct.

  • Chronic Pain: Persistent pain lasting more than three months after surgery
  • Infection: May require antibiotic treatment or mesh removal
  • Mesh Migration: Device moves from original implantation site
  • Bowel Obstruction: Blockage requiring emergency intervention
  • Adhesions: Scar tissue formation causing organs to stick together
  • Hernia Recurrence: Failure of the mesh requiring additional surgery
  • Tissue Damage: Erosion of surrounding tissues
  • Nerve Damage: Resulting in chronic numbness or pain

According to 2020 research by Science Direct, the complications named in hernia mesh lawsuits range from chronic pain to life-threatening conditions [2].

Do You Qualify for a Hernia Mesh Lawsuit?

You may qualify for a hernia mesh lawsuit if:

  • You underwent hernia repair surgery using mesh from manufacturers like Atrium, Ethicon, or C.R. Bard
  • You experienced serious complications such as pain, infection, mesh migration, or bowel obstruction
  • Your complications required additional medical treatment, revision surgery, or hospitalization
  • You can provide medical documentation linking your injuries to the hernia mesh
  • Your surgery occurred within the statute of limitations for your state

Evidence Required for a Hernia Mesh Lawsuit

To build a strong hernia mesh case, you’ll need to provide:

  • Medical records documenting your initial hernia surgery
  • Documentation of complications and subsequent treatments
  • Records identifying the specific mesh product used
  • Evidence of proper usage and implantation
  • Expert medical testimony linking your injuries to the defective mesh

Damages You Can Recover

Victims of hernia mesh complications may seek compensation for:

  • Medical expenses (past and future)
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement
  • Loss of quality of life
  • Punitive damages (in cases of manufacturer negligence)

Hernia Mesh Recall Information

Several hernia mesh products have been subject to FDA recalls, including:

  • Bard’s Composix® Kugel Hernia Patch (2005-2007) – recalled due to a defective “memory recoil ring” that could break and damage internal organs
  • Ethicon Physiomesh (2016) – voluntarily withdrawn from the market due to higher-than-average revision rates
  • Atrium C-QUR (2013) – certain lots recalled due to packaging issues that could lead to increased infection risk

Statute of Limitations for Hernia Mesh Lawsuits

The statute of limitations for filing a hernia mesh lawsuit varies by state but typically ranges from 1-6 years from the date you discovered (or should have discovered) your injury. Some states have:

  • 1-year limitation: Kentucky, Louisiana, Tennessee
  • 2-year limitation: Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Idaho, Illinois, Indiana, Iowa, Kansas, Minnesota, Nevada, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia, West Virginia
  • 3-year limitation: Arkansas, Maryland, Massachusetts, Michigan, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, Vermont, Washington
  • 4-year limitation: Florida, Nebraska, Utah, Wyoming
  • 6-year limitation: Maine, North Dakota

Consulting with a hernia mesh lawyer promptly is crucial to ensure your claim is filed within the appropriate timeframe.

FAQs

1. What Are Hernia Mesh Lawsuits About?

Hernia mesh lawsuits claim that certain mesh products were defectively designed or manufactured, causing patients to suffer severe complications. Manufacturers like Atrium, Ethicon, and Bard are accused of failing to adequately test their products and warn about potential risks.

2. How Much Is My Hernia Mesh Case Worth?

Individual hernia mesh lawsuit settlements vary greatly, with some cases resulting in substantial compensation. Settlement amounts typically range from $15,000 to $250,000 depending on factors like severity of injuries, medical expenses incurred, and impact on quality of life.

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

Most hernia mesh lawsuits take between 1-3 years to resolve. MDL cases often have longer timeframes due to the complexity of coordinating thousands of cases, while individual lawsuits may reach settlement more quickly depending on circumstances.

4. Can I Still File a Claim If My Surgery Was Years Ago?

Possibly. While the statute of limitations varies by state, many states recognize the “discovery rule,” meaning the clock starts when you discovered (or reasonably should have discovered) that your injuries were caused by the hernia mesh.

5. What Happens in a Hernia Mesh MDL?

In a hernia mesh MDL (Multidistrict Litigation), similar lawsuits are consolidated for pretrial proceedings to improve efficiency. Bellwether trials are selected to help establish settlement values, but unlike class actions, each case remains individual and is evaluated based on its specific merits.

6. What Hernia Mesh Products Are Being Sued?

Products commonly named in lawsuits include Bard’s Composix® Kugel Hernia Patch, Ethicon’s Physiomesh, Atrium’s C-QUR mesh, and various polypropylene mesh products. These products allegedly cause complications due to design flaws, material degradation, or improper warnings.

7. Will I Need to Go to Court for My Hernia Mesh Case?

Most hernia mesh cases settle without going to trial. Your attorney will handle most aspects of the litigation process, though you may need to provide deposition testimony or medical evaluations. Your involvement in the litigation process will be guided by your legal team.

8. How Do I Know Which Mesh Was Used in My Surgery?

Your surgical and medical records will identify the specific mesh product used in your procedure. Your hernia mesh lawyer can help obtain and review these records to determine if your device is subject to current litigation.See all related medical device lawsuits our attorneys covered so far.

Choose our lawyers

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

Time is limited to pursue legal action for hernia mesh complications. With statutes of limitation as short as one year in some states, it’s critical to have your case evaluated promptly.Our services include:

  • Free, confidential consultations
  • No upfront costs or fees
  • Experienced hernia mesh litigation attorneys
  • Payment only if we win your case

Don’t let time run out on your right to compensation. The hernia mesh MDL and individual lawsuits continue to move forward, and manufacturers are actively settling claims.[START YOUR FREE CASE REVIEW NOW]Reference:

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

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