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Table Of Contents
- Washington Hernia Mesh Lawsuit Overview
- Latest Washington Hernia Mesh Lawsuit Updates
- FDA Reports and Statistics
- Hernia Mesh Injuries & Side Effects
- Do You Qualify for a Hernia Mesh Lawsuit?
- Hernia Mesh Recall Information
- Statute of Limitations for Washington Hernia Mesh Lawsuits
- FAQs
- 1. How long does a hernia mesh lawsuit take to settle?
- 2. What is the average settlement for hernia mesh lawsuits?
- 3. How do I find out if my hernia mesh has been recalled?
- 4. What are the signs that my hernia mesh may be failing?
- 5. What should I do if my hernia mesh has been recalled?
- 6. Can I file a lawsuit if my hernia mesh hasn’t been recalled?
- 7. How is the hernia mesh lawsuit different from a class action?
- 8. Will I have to go to court for my hernia mesh lawsuit?
- 9. What if I had multiple hernia surgeries with mesh?
- 10. How do I know which manufacturer made my hernia mesh?
- Take Action Now: Time-Sensitive Legal Claims
- Get Your Free Consultation From Washington Hernia Mesh Lawyers
Washington Hernia Mesh Lawsuit Overview
Hernia mesh lawsuits claim that defective mesh products used in hernia repair surgeries caused severe complications, including recurrence, infection, chronic pain, adhesions, bowel obstruction, and perforation. Allegations against manufacturers like Ethicon, Bard, Atrium, and Covidien include defective design (e.g., degrading polypropylene, faulty coatings), manufacturing flaws (e.g., packaging issues), and failure to warn of risks (e.g., inadequate safety disclosures).
Tens of thousands of U.S. patients, including those in Washington, have reported severe complications from hernia mesh implants, such as hernia recurrence, infections, chronic pain, adhesions, bowel obstructions, perforations, and seromas, often requiring additional surgeries. The FDA has issued safety communications, including in 2014 and 2016, highlighting hernia mesh complications like pain, infection, and recurrence, and manufacturers have recalled over 211,000 units of specific products (e.g., Bard Kugel, Atrium C-QUR, Covidien Parietex) between 2005 and 2021 due to defects and safety concerns. Ethicon’s 2016 Physiomesh withdrawal was voluntary, not an FDA recall, though classified as a recall internationally.
Latest Washington Hernia Mesh Lawsuit Updates
March 23, 2021
– The Washington Attorney General also secured an $8.8 million settlement from Boston Scientific over surgical mesh complications and inadequate product warnings [1].
April 8, 2020 – According to the Washington Attorney General, residents harmed by surgical mesh may now file claims for restitution as part of a settlement with Johnson & Johnson over deceptive marketing practices.
April 22, 2019 – As part of a multistate settlement, Johnson & Johnson will pay $99 million for failing to disclose risks tied to surgical mesh products, according to the Washington AG’s Office.
FDA Reports and Statistics
According to a 2023 notice from the FDA, hernia mesh is a type of surgical mesh device commonly used in hernia surgery, designed to provide additional support to weakened or damaged tissue. Most hernia mesh devices are made from synthetic materials or animal tissue and are designed to be either permanent or absorbable [2].
FDA reports indicate that complications associated with hernia mesh products include:
- Adhesion to surrounding tissues and organs
- Migration of the mesh from its original implant site
- Mesh shrinkage or contraction
- Inflammatory responses and rejection
- Perforations of neighboring tissues and organs
The FDA has issued recalls for several hernia mesh products due to high failure rates and complications, highlighting the serious nature of these defects.
Hernia Mesh Injuries & Side Effects
According to 2020 research by Science Direct, patients have reported a variety of serious complications arising from faulty hernia mesh implants [3].
- Adhesion: Abnormal tissue growth that causes organs to stick together
- Bowel obstruction: Blockage preventing normal passage of intestinal contents
- Chronic pain: Persistent pain lasting months or years after surgery
- Need for revision surgery: Additional surgeries required to remove or replace the mesh
- Infection: Bacterial contamination causing inflammation and tissue damage
- Mesh failure: Breakdown or malfunction of the implanted device
- Organ perforation: Puncture of organs by migrating mesh
Sometimes symptoms of complications can arise months or years after the implant surgery. Patients may have extreme symptoms that are easy to identify or mild signs that are more difficult to diagnose. In some cases, it’s possible to have multiple symptoms simultaneously. – National Library of Medicine
Do You Qualify for a Hernia Mesh Lawsuit?
You may qualify for a hernia mesh lawsuit if:
- You had hernia repair surgery with a mesh implant from January 1, 2006, onwards
- You experienced serious complications such as organ perforation, infection, mesh migration, or chronic pain
- Your complications required medical treatment or additional surgeries
- You can provide medical documentation linking your injuries to the hernia mesh
The opportunity to file a lawsuit extends to those affected by various hernia mesh brands, as numerous products have been implicated in recalls and legal actions.
Sometimes symptoms of complications can arise months or years after the implant surgery. Patients may have extreme symptoms that are easy to identify or mild signs that are more difficult to diagnose. In some cases, it’s possible to have multiple symptoms simultaneously. – National Library of Medicine
Evidence Required for a Hernia Mesh Lawsuit
The most vital piece of evidence in any hernia mesh lawsuit is your medical record. This should detail:
- The specific type of hernia mesh used in your surgery
- The complications you experienced following surgery
- Any subsequent treatments or surgeries you needed due to these complications
Additional evidence may include:
- Injury photographs
- Medical expert testimonies
- Documentation of lost wages and other financial impacts
Damages You Can Recover
Potential compensation for hernia mesh lawsuit victims can include:
- Medical expenses for treatment, surgeries, and ongoing care
- Lost wages and reduced earning capacity
- Pain and suffering, both physical and emotional
- Damages for loss of quality of life
In some cases, punitive damages may be awarded to penalize companies that failed to meet safety obligations or adequately warn about the risks associated with their products.
Hernia Mesh Recall Information
Several hernia mesh products have been recalled due to high rates of complications. Manufacturers involved in these recalls include:
- Ethicon – Voluntarily withdrew their Physiomesh from the market in 2016
- C.R. Bard – Multiple recalls for various mesh products
- Covidien – Recalls for Parietex and other mesh products
- Atrium Medical Corp – FDA recalls of C-Qur products
Specific claims against these manufacturers involve design flaws and materials issues. For instance, Covidien’s Parietex hernia patch implant allegedly had a defective absorbable barrier and polyester fibers, leading to migration or failure.
Statute of Limitations for Washington Hernia Mesh Lawsuits
The statute of limitations for filing a hernia mesh lawsuit in Washington is three years from the day the injury occurred or was discovered. This means you have a three-year window to file your lawsuit once you become aware of your injury related to the hernia mesh.
Given these time constraints, it’s advisable to consult with a hernia mesh attorney as soon as possible if you suspect you’ve suffered complications from hernia mesh.
FAQs
1. How long does a hernia mesh lawsuit take to settle?
The duration of a hernia mesh lawsuit can vary widely, from several months to several years, depending on factors such as case complexity, the discovery process, court scheduling, trial motions, and possible appeals.
2. What is the average settlement for hernia mesh lawsuits?
typically range from $65,000 to $80,000, with certain cases reaching up to $1,000,000 depending on complexity and severity of injuries.
3. How do I find out if my hernia mesh has been recalled?
You can check the FDA’s website for a list of recalled medical devices, including hernia mesh products. Your doctor or lawyer can also provide information on whether your specific mesh has been recalled.
4. What are the signs that my hernia mesh may be failing?
Signs of hernia mesh failure include persistent pain, swelling, fever, nausea, and changes in bowel habits. Consult your doctor if you experience any of these symptoms.
5. What should I do if my hernia mesh has been recalled?
If your hernia mesh has been recalled, contact your surgeon immediately to discuss your options. You should also consult a lawyer to understand your legal rights and potential for compensation.
6. Can I file a lawsuit if my hernia mesh hasn’t been recalled?
Yes, you can still file a lawsuit even if your specific hernia mesh hasn’t been recalled. Many successful lawsuits involve products that haven’t been formally recalled but have still caused harm.
7. How is the hernia mesh lawsuit different from a class action?
Most hernia mesh cases are part of multidistrict litigation (MDL), which consolidates similar cases for efficiency but treats each case individually. Class actions, by contrast, treat all plaintiffs as one group with identical compensation.
8. Will I have to go to court for my hernia mesh lawsuit?
Most hernia mesh lawsuits settle before reaching trial. However, you should be prepared for the possibility of court appearances if a settlement cannot be reached.
9. What if I had multiple hernia surgeries with mesh?
You may still qualify for a lawsuit if you had multiple surgeries. The key factor is establishing which mesh product caused your complications.
10. How do I know which manufacturer made my hernia mesh?
Your medical records, particularly your operative report, should identify the specific mesh product used in your surgery. Your attorney can help you obtain and review these records.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for hernia mesh complications. With only three years from the date of discovery to file your claim in Washington, it’s crucial to act promptly to protect your legal rights.
Our services include:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our legal representation
- Payment only if we win your case
Don’t let time constraints prevent you from seeking the compensation you deserve. Contact our experienced hernia mesh attorneys today to discuss your case and explore your legal options.
See all related medical device lawsuits our attorneys covered so far.
Get Your Free Consultation From Washington Hernia Mesh Lawyers
If you or someone close to you has endured complications from hernia mesh, Schmidt & Clark, LLP stands ready to assist you through these challenging times. Our skilled team specializes in managing hernia mesh cases and will navigate you through every step of the legal journey.
We are dedicated to helping you comprehend your legal rights and assess your eligibility for filing a hernia mesh lawsuit. We offer free consultations, and our services are contingency-based, meaning you won’t incur any fees unless we secure a victory in your case.
References:
[2] https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair#What
[3] https://www.sciencedirect.com/science/article/pii/S2666138120300025