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If you or a loved one experienced infections, adhesions, chronic pain, organ perforation, bowel obstruction, or other complications following hernia mesh implantation that required revision 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.
Table Of Contents
- Hernia Mesh Revision Surgery Lawsuit Overview
- Latest Hernia Mesh Revision Surgery Lawsuit Updates
- FDA Reports and Statistics
- Hernia Mesh Revision Surgery Injuries & Side Effects
- What Are Common Hernia Mesh Products That Have Needed Revision Surgery?
- Do You Qualify for a Hernia Mesh Revision Surgery Lawsuit?
- Hernia Mesh Recall Information
- Statute of Limitations for Hernia Mesh Revision Surgery Lawsuits
- FAQs
- 1. How long does hernia mesh revision surgery take?
- 2. Why is revision surgery riskier than the initial hernia repair?
- 3. What are the benefits of hernia mesh revision surgery?
- 4. Can you have hernia mesh surgery more than once?
- 5. Which manufacturers are commonly named in hernia mesh revision surgery lawsuits?
- 6. What percentage of hernia mesh repairs result in failure requiring revision?
- 7. How much does hernia mesh revision surgery cost?
- 8. What criteria must be met to prove manufacturer liability for revision surgery?
- 9. How long do I have to file a lawsuit after revision surgery?
- 10. What is the average settlement amount for hernia mesh revision surgery cases?
- Take Action Now: Time-Sensitive Legal Claims
- References:
Hernia Mesh Revision Surgery Lawsuit Overview
Hernia mesh revision surgery lawsuits focus on the serious complications and subsequent corrective procedures required after failed hernia mesh implants.
These lawsuits allege that manufacturers produced defective products, failed to warn about risks, or were negligent in design and testing.
Thousands of patients have undergone painful revision surgeries to remove or replace failed mesh devices that caused infections, adhesions, perforations, and other severe complications.
The FDA has issued multiple warnings and recalls for various hernia mesh products, highlighting the significant risks associated with these medical devices.
Manufacturers including Ethicon, Atrium, Bard, and Covidien currently face substantial litigation related to their hernia mesh products.
Latest Hernia Mesh Revision Surgery Lawsuit Updates
August 2022 – A Rhode Island jury awarded a Hawaii municipal employee $4.8 million after determining that Bard failed to warn him about defects in the Davol hernia mesh kit that led to his injuries and subsequent revision surgeries.
May 2022 – In a Bard Bellwether Trial, a jury awarded the plaintiff $250,000 for injuries resulting from a defective mesh implant. Both sides filed motions challenging the outcome, with Bard claiming the plaintiff failed to prove a defect and the plaintiff arguing for a new trial based on improper jury instructions.
May 2022 – C.R. Bard was ordered to pay $184 million in damages in the case of Maureen Cavanagh et al. v. C.R. Bard Inc., et al., after the jury determined Bard’s hernia mesh products were defective.
January 2021 – A jury found Atrium Medical Corporation’s mesh devices defective and ordered the company to pay $1.6 million in damages to patients who required revision surgeries.
March 2021 – In Rouffa et al. v. Atrium Medical Corp., a jury awarded $610 million in damages after finding Atrium’s mesh products defective, causing severe complications requiring multiple revision surgeries.
April 2019 – Ethicon agreed to a negotiated settlement of $117 million, acknowledging their device endangered victims’ lives after the defective mesh had been implanted, often necessitating revision surgeries.
Related Article: Hernia Mesh Patch Lawsuit Update
FDA Reports and Statistics
The FDA has documented numerous adverse events related to hernia mesh products that have led to revision surgeries:
- The FDA has received thousands of adverse event reports related to hernia mesh implants over the past decade
- A significant percentage of these reports involve complications requiring revision surgery
- According to FDA data, hernia mesh complications account for more than half of all medical device complications reported
- The FDA has issued multiple safety communications and recalls for various hernia mesh products due to high complication rates [1]
“Even though a small percentage of patients have a mesh-related complication, the number of patients with complaints can be high.”
– Dr. Shirin Towfigh, Surgeon, Beverly Hills Hernia Center
While hernia mesh manufacturers often claim a 90-99% success rate for their products, independent studies suggest that 5-15% of patients experience chronic pain and other complications that may require revision surgery.
Read Also: Risks With Revision Surgery
Hernia Mesh Revision Surgery Injuries & Side Effects
Hernia mesh revision surgery is often necessary due to severe complications caused by defective mesh products. These procedures are typically more complex and risky than the initial implantation.
- Infection: Bacterial contamination at the surgical site or internally, often requiring removal of the mesh and extensive antibiotic treatment
- Adhesion: Mesh adhering to surrounding tissues and organs, causing severe pain and requiring complex surgical separation
- Bowel Obstruction: Blockage of the intestines due to mesh complications, creating potentially life-threatening emergencies
- Perforation: Puncturing of intestines or other organs when mesh migrates, leading to peritonitis and sepsis
- Mesh Migration: Movement of the mesh from its original placement to other areas of the body
- Mesh Erosion: Breakdown of the mesh material over time, causing damage to surrounding tissues
- Mesh Failure/Breakage: Physical failure of the mesh product requiring complete removal and replacement
- Chronic Pain: Persistent, debilitating pain often caused by nerve entrapment or inflammatory response to the mesh
These procedures are more challenging because the surgeon must navigate through scar tissue and deal with mesh that may have adhered to organs or migrated from its original position [2].
Revision surgery itself carries additional risks, including post-operative depression, increased risk of infection, and the potential need for further surgeries [3].
What Are Common Hernia Mesh Products That Have Needed Revision Surgery?
Revision surgery has been necessary for medical devices used for hernia surgery by several manufacturers.
These specific mesh manufacturers have been associated with lawsuits claiming revision surgery and severe hernia mesh complications [4].
- Atrium: Atrium is the largest hernia mesh manufacturer. Their C-QUR mesh product has been linked to several FDA recalls and personal injury hernia mesh lawsuits.
- Bard: Bard has several hernia mesh implant products known to be defective and has undergone FDA recalls.
- Covidien: Covidien’s Parietex mesh product is known to have serious complications and has undergone several FDA recalls and lawsuits.
- Ethicon: Ethicon is a part of Johnson and Johnson and has been a part of several class action lawsuits due to their Physiomesh implant.
- Genzyme: This is a small company, but their Sepramesh devices are subject to big lawsuits.
- Gore Medical: Gore-created Gore-Tex is used in hernia mesh devices that are dangerous, and the company has been a part of the lawsuit.
“When mesh was first invented for hernia repairs, the materials used to create the mesh were hard pieces of plastic. Over time, these pieces of plastic contributed to chronic pain”
– Dr. Todd S. Harris, California Hernia Specialists
Do You Qualify for a Hernia Mesh Revision Surgery Lawsuit?
You may qualify for a hernia mesh revision surgery lawsuit if:
- You had an original hernia repair with mesh on or after January 1, 2006
- You suffered severe complications such as infection, adhesion, perforation, migration, or chronic pain more than 30 days after the initial surgery
- You underwent revision surgery to remove or replace the failed mesh, or
- You need revision surgery but cannot have it due to medical issues
- Your complications can be linked to a defective mesh product
Eligibility is particularly strong if your mesh was manufactured by companies frequently named in lawsuits, including Atrium (C-QUR), Bard, Covidien (Parietex), Ethicon (Physiomesh), Genzyme (Sepramesh), or Gore Medical.
Related Article: Signs & Symptoms of a Defective Hernia Mesh Device
Evidence Required for a Hernia Mesh Revision Surgery Lawsuit
To build a strong case for your hernia mesh revision surgery lawsuit, you’ll need to gather and present specific evidence:
- Medical Records: Documentation of your original hernia surgery, the type of mesh used, and all subsequent complications
- Revision Surgery Records: Operative reports detailing the need for revision, findings during surgery, and condition of the mesh
- Product Information: Identification of the specific mesh product and manufacturer
- Medical Expenses: Documentation of all costs related to complications and revision surgery
- Lost Wage Documentation: Evidence of time missed from work due to complications and recovery
- Expert Testimony: Medical opinions linking your complications to the defective mesh
Damages You Can Recover
If your case is successful, you may be eligible to recover various types of damages:
- Medical Expenses: Costs for revision surgery, hospital stays, medications, and ongoing treatments
- Lost Wages: Compensation for time missed from work during treatment and recovery
- Loss of Earning Capacity: Damages for any long-term impact on your ability to work
- Pain and Suffering: Compensation for physical pain and emotional distress
- Loss of Consortium: Damages for impact on your relationship with your spouse
- Punitive Damages: Additional compensation in cases of gross negligence by manufacturers
Settlement amounts for hernia mesh revision surgery cases typically range from $40,000 to $1 million, with the average settlement around $120,000. Cases involving multiple revision surgeries or particularly severe complications may result in higher awards.
Average Settlement
A Hernia mesh lawsuit claim will vary in an average Hernia mesh settlement. lawsuits for those who have had revision surgery will range between $40,000 to $1 million.
Victims with one revision surgery who recovered quickly with minimal complications from hernia mesh products will likely receive $40,000 to $60,000.
Survivors of victims who have died from defective hernia mesh brands may be awarded over $1 million.
Victims with serious complications and multiple revision surgeries could receive hundreds of thousands of dollars. The average hernia mesh settlement will be around $120,000.
Below are case settlements of recently resolved hernia mesh lawsuits:
- August 2022 – A Rhode Island jury awarded a Hawaii municipal employee $4.8 million after Bard failed to warn him there was a defect in the Davol hernia mesh kit he received years ago that led to his injuries.
- May 2022 – Bard Bellwether Trial– A jury awarded the plaintiff $250,000 in the second Bellwether hernia mesh trial. However, a motion was filed on each side to challenge the outcome. Bard says the plaintiff failed to prove a defect, and the plaintiff is arguing for a new trial claiming jurors were not adequately instructed on how to evaluate the burden of proof.
- May 2022 – C.R. Bard – $184 million. In the case of Maureen Cavanagh et al. v. C.R. Bard Inc., et al., the jury of Bard’s hernia mesh products was defective, awarding the victims $184 million in damage.
- January 2021 – Atrium Medical Corporation – The jury found Atrium’s mesh devices defective and ordered them to pay $1.6 million in damages.
- March 2021 – Atrium Medical Corporation – $610 million – Rouffa et al. v. Atrium Medical Corp. – The jury found Atrium’s mesh products were defective and ordered them to compensate the victim with $610 million in damages.
- April 2019 – Ethicon– Ethicon agreed to a negotiated hernia mesh lawsuit settlement of $117 million, agreeing the device endangered the victim’s life after the defective mesh device had been implanted.
Hernia Mesh Recall Information
Several hernia mesh products have been recalled due to high rates of complications leading to revision surgeries:
- Ethicon Physiomesh: Voluntarily withdrawn from the market in 2016 after data showed higher-than-average reoperation and revision rates
- Atrium C-QUR: Subject to FDA recalls due to packaging issues that could lead to product contamination
- Bard Davol Composix Kugel Mesh: Multiple recalls between 2005-2007 due to a defective “memory recoil ring” that could break and cause bowel perforation
- Covidien Parietex: Some products faced scrutiny due to high rates of complications
These recalls strengthen the legal claims of patients who required revision surgery after receiving these products, as they demonstrate the manufacturers’ acknowledgment of product defects.
Statute of Limitations for Hernia Mesh Revision Surgery Lawsuits
The statute of limitations for Hernia Mesh Lawsuits varies by state, but is typically 1-4 years from either:
- The date of your revision surgery, or
- The date you discovered (or reasonably should have discovered) that your complications were linked to a defective mesh product
Most states have a 2-3 year statute of limitations for product liability cases. It’s crucial to consult with an attorney as soon as possible after revision surgery to ensure your claim is filed within the appropriate timeframe.
Some states also have a “statute of repose” that creates an absolute deadline regardless of when you discovered the injury, typically 6-10 years after the product was implanted.
Related Articles:
- Bard Composix Hernia Mesh Surgical Complications
- Atrium ProLite and ProLoop Hernia Mesh Lawsuits
- Organ Tissue Perforation Related to Hernia Mesh
FAQs
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for hernia mesh revision surgery complications. Most states have a statute of limitations of only 2-3 years from either your revision surgery date or when you discovered your complications were caused by a defective mesh product. Waiting too long could permanently bar you from seeking the compensation you deserve.
At Schmidt & Clark, LLP we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our legal services
- Payment only if we win your case or secure a settlement
- Over 20 years of experience representing injured patients against large corporations
Our experienced attorneys can help you gather medical evidence, secure expert witnesses, file your claim within applicable deadlines, and represent you throughout the legal process. Don’t risk losing your right to compensation – contact us today.
Related Articles:
- Bard Composix Hernia Mesh Surgical Complications
- Atrium ProLite and ProLoop Hernia Mesh Lawsuits
- Organ Tissue Perforation Related to Hernia Mesh
- Hernia Mesh Patch Lawsuit Update
- Risks With Revision Surgery
- Side Effects of Hernia Repair Surgery
- Signs & Symptoms of a Defective Hernia Mesh Device
References:
- https://www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair
- https://www.drugwatch.com/hernia-mesh/removal/
- https://www.claritysurgicalny.com/blog/all-about-mesh-removal-after-hernia-repair
- https://bostonhernia.com/faq/how-likely-is-it-that-a-hernia-will-come-back-after-repair/