Wisconsin Hernia Mesh Lawsuit | 2025 Latest Updates

If you or a loved one experienced complications such as chronic pain, infection, or required revision surgery following hernia mesh implantation, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to defective medical devices.

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.

Wisconsin Hernia Mesh Lawsuit Overview

Wisconsin hernia mesh lawsuits target manufacturers including Ethicon, C.R. Bard, Covidien, and Atrium Medical Corp for defective mesh products used in hernia repair surgeries.

These legal actions allege that design flaws and non-biologically inert materials in these devices have caused severe complications for patients, including chronic pain, adhesions, and bowel obstructions [1].

Over 50,000 lawsuits have been filed nationwide, with many consolidated into multidistrict litigation (MDL) to expedite the legal process.

Wisconsin cases have seen significant developments, including a notable $1.5 million award to a plaintiff who suffered severe complications from a hernia mesh implant, highlighting the serious nature of these claims and their impact on patients.

What Is Hernia Mesh?

Hernia mesh is a common medical device that supports weakened or damaged tissue during hernia repair surgeries. According to a 2023 notice from the FDA, it is also known as hernia surgical mesh and is frequently utilized in these procedures.

While a variety of hernia mesh products are available, they’re not all created equally. Some of these products have been found to have significant defects, leading to cases of defective hernia mesh implants, which have subsequently become the subject of numerous lawsuits.

For example, Atrium’s C-QUR hernia mesh product was found to have a fish oil coating that could peel off and stick to the packaging when exposed to humidity. This design flaw has caused significant distress and harm to patients.

Similarly, it has been alleged that C.R. Bard used a plastic resin known as Pro-fax 6523 in its hernia mesh products. This fact could have severe implications for the ongoing Multi-District Litigation (MDL) class action.

Latest Wisconsin Hernia Mesh Lawsuit Updates

April 8, 2024

– A bellwether trial for plaintiff Jacob Bryan is scheduled to begin, serving as a test case for jury reactions to evidence in hernia mesh litigation. The outcome of this trial is expected to significantly influence settlement negotiations and compensation amounts in both the specific MDL and other similar Wisconsin cases.

March 2024 – The Bard hernia mesh MDL continues to grow, now totaling 20,972 cases nationwide. Wisconsin plaintiffs are among those consolidated in this action, which streamlines pretrial proceedings while maintaining each case as separate and distinct for resolution purposes.

January 2024 – A Wisconsin federal court awarded $1.5 million to a plaintiff who suffered severe complications from a hernia mesh implant, including chronic pain and multiple revision surgeries. This significant verdict has implications for other pending Wisconsin hernia mesh cases.

Related Article: Washington Hernia Mesh Lawsuit

Hernia Mesh Usage and Complication Statistics

Understanding the scope of hernia mesh usage and associated complications provides important context for Wisconsin litigation:

• Hernia repair is one of the most common surgeries in the United States, with over 1 million procedures performed annually
• Approximately 90% of these surgeries involve the use of surgical mesh products
• Over 50,000 lawsuits have been filed nationwide concerning hernia mesh complications
• Wisconsin has seen a significant number of these cases, with complications reported in patients throughout the state
• Recent settlements for hernia mesh lawsuits have ranged from $10,000 to $500,000, depending on the severity of complications
• In Wisconsin, experts suggest that settlement amounts typically range between $65,000 and $80,000, with more severe cases seeing awards as high as $1 million
• The economic impact includes not only direct medical costs but also lost wages and diminished quality of life for affected patients
• The Bard hernia mesh MDL alone currently includes 20,972 cases nationwide, with Wisconsin residents among the plaintiffs

Main Side Effects Named In The Lawsuits

According to 2020 research by Science Direct, these lawsuits primarily stem from complications arising from faulty hernia mesh. Patients have reported a variety of issues, including [2]

:

• Chronic Pain: Persistent discomfort that can be debilitating and significantly impact quality of life, often requiring long-term pain management
• Mesh Movement: Migration of the mesh from its original implantation site to other areas of the body, potentially causing damage to surrounding tissues and organs
• Bowel Obstruction: Blockage of the intestines that can lead to severe pain, vomiting, and potentially life-threatening complications requiring emergency surgery
• Tissue Perforation: Puncturing of tissues or organs by the mesh, which can cause dangerous infections, bleeding, and require immediate surgical intervention
• Infection: Bacterial contamination at the surgical site that may become chronic and difficult to treat, sometimes requiring mesh removal
• Adhesions: Abnormal bands of scar tissue that form between tissues and organs, causing pain and potential organ dysfunction
• Wound Dehiscence: Opening of the surgical wound that can increase infection risk and require additional medical intervention
• Hernia Recurrence: Failure of the mesh to prevent the return of the hernia, necessitating additional surgeries

These serious complications have resulted in additional surgeries, increased medical expenses, and significant physical and emotional distress for patients across Wisconsin.

Even though surgical meshes reduce recurrence rates, they have side effects such as infection, adhesion, and bowel obstruction – Ali Jangjoo, MD at the Department of General Surgery at Mashhad University of Medical Sciences

Do You Qualify for a Wisconsin Hernia Mesh Lawsuit?

You may qualify for a Wisconsin hernia mesh lawsuit if:

• You underwent hernia repair surgery in Wisconsin or while a resident of Wisconsin
• Your surgery involved the implantation of mesh from manufacturers like Ethicon, C.R. Bard, Covidien, or Atrium Medical Corp
• You experienced complications such as chronic pain, infection, mesh migration, or required revision surgery
• Your complications can be linked to a defect in the mesh product
• You are within Wisconsin’s three-year statute of limitations (with potential extensions under the “discovery rule”)

Your case may be based on:

• Negligence: Demonstrating that the medical professional or manufacturer failed to meet a duty of care
• Strict Liability: Focusing on the defectiveness of the surgical hernia mesh product itself rather than the conduct of the medical professional or manufacturer

Types of Evidence To Present

Presenting solid evidence is crucial for the success of a hernia mesh lawsuit. This involves comprehensive documentation to substantiate your claims:

• Medical Records: Documentation from your initial hernia surgery, including the specific mesh product used
• Follow-up Visit Notes: Records showing the development and progression of complications
• Revision Surgery Records: Documentation of any additional surgeries needed to address mesh complications
• Imaging Studies: CT scans, MRIs, or X-rays confirming the presence and complications of hernia mesh
• Expert Testimony: Statements from medical professionals establishing the link between the mesh and your injuries
• Product Identification: Information about the specific hernia mesh product implanted, including manufacturer and model

Potential Compensation You Can Recover

Victims of defective hernia mesh in Wisconsin may be eligible to recover various types of compensation:

• Medical Expenses: Costs for the initial hernia repair surgery, follow-up treatments, medications, and any revision surgeries needed due to complications
• Lost Wages: Compensation for income lost while recovering from complications or undergoing additional treatments
• Future Earnings: Damages for reduced earning capacity if mesh injuries result in long-term work limitations or permanent disability
• Pain and Suffering: Compensation for physical discomfort, emotional distress, and mental turmoil resulting from mesh complications
• Loss of Quality of Life: Damages for limitations on daily activities, hobbies, and family relationships due to mesh complications
• Punitive Damages: In cases of gross negligence by manufacturers, additional compensation may be awarded

Hernia Mesh Lawsuit Average Settlement Amounts in Wisconsin

When it comes to hernia mesh lawsuit settlements, it’s important to understand that amounts can vary. However, experts suggest that settlement amounts typically range between $65,000 and $80,000. More severe cases have seen awards as high as $1 million.

These figures are approximate, and individual settlements can differ significantly based on the specifics of each case. Factors that influence these amounts include:

• The severity of injuries
• Medical expenses
• Lost wages
• The effect on the plaintiff’s quality of life

Recent Wisconsin settlements and verdicts provide some insight:

• A Wisconsin federal court awarded $1.5 million to a plaintiff who suffered severe complications
• Settlements in the $10,000 to $500,000 range have been reported, depending on case specifics
• Mass tort settlements may result in tiered compensation based on injury severity

The Role of Multidistrict Litigation (MDL) in Wisconsin Cases

Multidistrict litigation (MDL) plays a crucial role in managing hernia mesh lawsuits in Wisconsin. By consolidating several cases, MDL helps expedite the legal process, allowing for a more efficient resolution of claims.

One such instance is when a Wisconsin federal court awarded $1.5 million to a plaintiff who suffered severe complications from a hernia mesh implant.

Moreover, the outcomes of these lawsuits can significantly impact federal regulations and medical device oversight. This is why ongoing hernia mesh lawsuits and the latest round of bellwether trials in Wisconsin are being closely watched.

As it stands, the Hernia Mesh MDL alone has a growing number of ongoing Bard hernia mesh claims, currently totaling 20,972 cases. An MDL like this streamlines pretrial proceedings for numerous plaintiffs, with each case remaining separate and distinct.

Bellwether trials, such as the case scheduled for Jacob Bryan on April 8, 2024, serve as litmus tests for jury reactions to evidence.

These trials can significantly influence settlement negotiations and amounts in both the specific MDL and other similar litigation, including those in Wisconsin.

What Is the Statute of Limitations for Hernia Mesh Lawsuits In Wisconsin?

The statute of limitations for the hernia lawsuit in Wisconsin is three years from the date of injury, but it’s important to note the “date of discovery” rule, which can extend this period.

This rule holds that the statute of limitations period may start when the injury is discovered or should have been reasonably discovered. This means that even if your injury occurred more than three years ago, you might still be eligible to file a lawsuit if you only recently discovered it.

Important considerations about Wisconsin’s statute of limitations:

• The three-year period generally begins when you first experience symptoms or complications
• Under the “discovery rule,” the clock may not start until you discover or should reasonably have discovered that your complications were caused by the hernia mesh
• Consulting with an attorney promptly after experiencing complications is crucial to ensure your claim is filed within the applicable timeframe
• Special circumstances, such as fraud or concealment by manufacturers, may extend the filing deadline

FAQs

1. What hernia mesh products are commonly involved in Wisconsin lawsuits?

Wisconsin lawsuits frequently involve products from manufacturers like Ethicon (Physiomesh), C.R. Bard (Ventralex ST), Atrium Medical Corp (C-QUR), and Covidien. These meshes have been associated with complications including chronic pain, infection, and device failure requiring revision surgery.

2. How long will a Wisconsin hernia mesh lawsuit take to resolve?

The timeline for resolving a Wisconsin hernia mesh lawsuit typically ranges from 1-3 years, depending on case complexity, evidence strength, and whether the case settles or goes to trial. Cases consolidated in MDL may follow different timelines based on bellwether trial schedules.

3. Will I need to appear in court for my Wisconsin hernia mesh lawsuit?

Most hernia mesh lawsuits settle before trial, meaning you may not need to appear in court. However, you might need to participate in depositions or other legal proceedings. Your attorney will guide you through any required personal appearances during the litigation process.

4. Can I still file a lawsuit if my hernia mesh surgery was several years ago?

Yes, you may still qualify to file a lawsuit even if your surgery was several years ago, thanks to Wisconsin’s “discovery rule.” This rule starts the three-year statute of limitations from when you discovered or should have discovered that your complications were related to the hernia mesh, not from the surgery date.

5. What role does the FDA play in regulating hernia mesh products?

The FDA regulates hernia mesh products by reviewing and approving them for safety and effectiveness. The agency also monitors adverse event reports and issues recalls if necessary, though critics argue the approval process may not adequately identify long-term risks.

6. How can I prove that my injuries were caused by hernia mesh?

Proving injuries were caused by hernia mesh involves providing medical records, expert testimony, and documentation of symptoms and treatments. Your attorney will work with medical experts to establish the causal connection between the defective mesh and your specific complications.

7. What are the common symptoms of a hernia mesh infection?

Common symptoms of a hernia mesh infection include redness, swelling, fever, pain at the surgery site, and flu-like symptoms. Immediate medical attention is necessary if an infection is suspected, as infections can become chronic and may require mesh removal.

8. What makes Wisconsin hernia mesh cases different from those in other states?

Wisconsin hernia mesh cases operate under the state’s specific laws regarding product liability and medical malpractice, including its three-year statute of limitations with discovery rule provisions. Wisconsin courts also have their own precedents regarding medical device litigation that may impact case outcomes.

9. Do I need a Wisconsin-based attorney for my hernia mesh lawsuit?

While not strictly required, an attorney familiar with Wisconsin state laws and court procedures can be advantageous. Many national firms with experience in hernia mesh litigation have local counsel or familiarity with Wisconsin requirements to effectively handle your case.

10. What if the manufacturer of my hernia mesh has declared bankruptcy?

If a mesh manufacturer has declared bankruptcy, you may still have options for compensation through bankruptcy trusts established to pay claims. Additionally, other parties in the distribution chain (distributors, hospitals) might share liability. Your attorney can advise on the best course of action based on your specific situation.

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 Wisconsin. With a three-year statute of limitations that may be extended under the “discovery rule,” it’s crucial to consult with an attorney as soon as possible after experiencing complications to ensure your rights are protected.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your potential hernia mesh claim
• No upfront costs or fees – we only get paid if you receive compensation
• Experienced representation from attorneys familiar with Wisconsin product liability laws
• Comprehensive support gathering medical records and evidence
• Access to medical experts who can establish the connection between your mesh and your complications

Don’t risk losing your right to compensation – contact our experienced team today to discuss your Wisconsin hernia mesh case and explore your legal options.

References

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