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Wisconsin Hernia Mesh Lawsuit Attorney

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Hernia Mesh Lawsuit
If you or someone you know has experienced complications from hernia mesh, Schmidt & Clark, LLP, is here to help. Recognized for our expertise in plaintiff representation, our primary goal is to ensure you receive the justice and compensation you’re entitled to.

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Quick Summary

  • Navigating the Legal Landscape: Wisconsin’s hernia mesh lawsuits highlight critical post-operative complications stemming from defective implants. Familiarizing yourself with these cases can provide context for your situation and potential legal action.
  • Understanding Your Legal Standing: If you’re experiencing severe complications from a hernia mesh implant in Wisconsin, you may be entitled to compensation. Assessing your case against ongoing litigation trends is vital for determining the strength and potential success of your claim.
  • Seeking Legal Advice: Consulting with a legal expert who specializes in medical device litigation, particularly hernia mesh cases, can offer clarity on your options and the next steps. An experienced attorney can guide you through the process, from evaluating your case to potentially filing a lawsuit for compensation.

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:

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?

According to a 2023 notice from the FDA, hernia mesh is also known as hernia surgical mesh, and it is a common medical device used to provide additional support to weakened or damaged tissue during hernia repair surgeries. It 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 class action Multi-District Litigation (MDL).

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 have a significant impact on 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]:

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 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 involves several steps and requires 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.

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See all related medical device lawsuits our attorneys covered so far.

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

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:

  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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