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As legal disputes over hernia mesh patches continue to rise, many patients are facing unexpected complications from these devices. If you’ve had a hernia mesh implant, you might be wondering about the potential risks and legal recourse available to you.
In this article, we’ll delve into the growing concerns surrounding hernia mesh patches, including the types of issues reported and the steps you can take if you’re affected. Stay tuned to discover crucial insights that could impact your understanding and actions regarding hernia mesh litigation.
Table Of Contents
- Quick Summary
- Hernia Mesh Lawsuits
- Main Side Effects Named In The Lawsuits
- How Do You Qualify for a Hernia Mesh Lawsuit?
- Hernia Mesh Lawsuit Average Settlement Amounts in Wisconsin
- Potential Compensation for Victims of Hernia Mesh Lawsuits in Wisconsin
- Filing a Wisconsin Hernia Mesh Lawsuit
- FAQs
- Get Your Free Consultation From Wisconsin Hernia Mesh Lawyers
Quick Summary
Hernia Mesh Lawsuits
Across Wisconsin, hernia surgery patients who underwent hernia repair surgery began experiencing severe post-operative complications linked to their hernia mesh implants. These devices, designed to support hernia repair, were found to be defective, sparking a wave of legal action in the form of hernia mesh cases.
The lawsuits involve a range of hernia mesh products manufactured by companies like:
- Ethicon
- C.R. Bard
- Covidien
- Atrium Medical Corp
It’s worth noting that these lawsuits are not limited to a single product or manufacturer. From Ethicon’s Physiomesh to C.R. Bard’s Ventralex ST implant, multiple products have been implicated in these hernia mesh lawsuits.
Patients have lodged complaints about various issues, including design flaws and non-biologically inert materials that lead to abnormal tissue attachment.
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 [1].
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.
The Rise of Hernia Mesh Lawsuits
The rise in hernia mesh lawsuits is directly linked to the complications and side effects caused by the synthetic hernia mesh used in repair surgeries. Patients have reported a slew of issues, such as chronic pain, adhesions, and bowel obstructions, all leading back to their hernia mesh implant.
Allegations made in these lawsuits suggest that these surgical mesh implants were either manufactured or designed defectively. For instance, polypropylene hernia mesh products like ProLite, Strattice, and ProLoop, all manufactured by Atrium Medical Corp, have been implicated in recent lawsuits.
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.
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
- Mesh movement
- Bowel obstruction
- Tissue perforation
In some cases, these complications have necessitated additional surgeries, increasing medical expenses and leading to further physical and emotional distress.
These serious complications, such as abscesses, adhesions to the bowel, and wound dehiscence in the abdominal wall, have given rise to numerous lawsuits. They have also served as the basis for claims for the recovery of medical expenses.
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
How Do You Qualify for a Hernia Mesh Lawsuit?
You qualify for a hernia mesh lawsuit by demonstrating that the medical professional or manufacturer failed to meet a duty of care, which is a common ground for negligence claims.
Alternatively, your case may be based on strict liability, where the focus is on the defectiveness of the surgical hernia mesh product itself rather than the conduct of the medical professional or manufacturer.
Expert witnesses, often medical professionals, play an essential role in these lawsuits. They help demonstrate the link between the faulty hernia mesh and the claimant’s injuries. This clarification is essential for the jury to understand the medical issues at hand.
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
Potential Compensation for Victims of Hernia Mesh Lawsuits in Wisconsin
If you’re a victim of a defective hernia mesh, you might be wondering about the types of compensation you could be entitled to. This can include economic damages like medical bills and lost wages, as well as non-economic damages such as pain and suffering.
Medical Expenses
One of the main types of compensation in hernia mesh lawsuits is for medical expenses. These include costs for the initial hernia repair surgery and any subsequent revision surgeries necessitated by mesh complications.
To substantiate medical expense claims, you will need to provide medical documentation. This could include imaging studies confirming the presence and complications of hernia mesh or records of treatments for mesh-related complications.
Lost Wages and Future Earnings
Apart from medical expenses, hernia mesh lawsuits can also seek compensation for lost wages. This includes the income that plaintiffs could not earn while recovering from complications.
If hernia mesh injuries result in long-term work incapacity or permanent disability, plaintiffs can seek compensation for future earnings as well. The severity of the injuries and their impact on the plaintiff’s career are considered in settlements.
Pain and Suffering
Compensation for pain and suffering is another crucial aspect of hernia mesh lawsuits. This encompasses the physical discomfort, mental distress, and emotional turmoil experienced by victims, often resulting from conditions like chronic pain and emotional distress.
Estimating pain and suffering damages can be complex, as they represent subjective impacts without a predefined calculation method. Nonetheless, attorneys assess factors like medical documentation, the individual’s prognosis, and life impact to appraise the value of pain and suffering in hernia mesh lawsuits.
Filing a Wisconsin Hernia Mesh Lawsuit
Filing a hernia mesh lawsuit in Wisconsin requires several steps and comprehensive documentation. The statute of limitations must also be strictly adhered to.
Types of Evidence To Present
Presenting solid evidence is crucial for the success of a hernia mesh lawsuit. This involves comprehensive medical documentation to substantiate the injuries and complications attributed to the hernia mesh implant.
The documentation should include medical records from the initial hernia surgery, follow-up visit notes, and records of any additional hernia revision surgery necessitated due to hernia mesh complications.
What Is the Statute of Limitations for the Lawsuit 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.
Related Articles:
- Washington Hernia Mesh Lawsuit
- West Virginia Hernia Mesh Lawsuit Attorney
- Virginia Hernia Mesh Lawsuit
FAQs
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.
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. A lawyer can help gather and present this evidence.
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.
See all related medical device lawsuits our attorneys covered so far.
Get Your Free Consultation From Wisconsin Hernia Mesh Lawyers
At Schmidt & Clark, LLP we stand by your side during challenging times. Suffering from complications related to hernia mesh can be overwhelming, and our skilled legal team is prepared to assist you.
We specialize in these complex cases and will navigate you through every step of the legal journey. Our commitment is to help you recognize your legal options and assess your eligibility for a hernia mesh lawsuit.
We offer free consultations, and you won’t incur any fees until we successfully resolve your case. Reach out to us for a thorough case review concerning hernia mesh complications.
Reference:
- https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair
- https://www.sciencedirect.com/science/article/pii/S2666138120300025