Understanding Hernia Mesh and the Importance of Hiring a Skilled Hernia Mesh Attorney
Understanding Hernia Mesh and the importance of hiring a skilled hernia mesh lawyer is crucial for those who have undergone hernia repair surgery. As medical technology advances, new surgical techniques are developed to treat various health conditions, including hernias. One such innovation is the use of hernia mesh during surgery.
In this blog post, we will delve into the types and common uses of hernia mesh in surgical procedures. However, despite its benefits, complications may arise from using these meshes. We will discuss potential issues such as chronic pain after surgery and infection risks related to hernia mesh.
What is Hernia Mesh?
Hernia mesh is a medical device used in hernia repair surgery to provide support to weakened or damaged tissue. It is typically made from synthetic materials such as polypropylene, polyester, or other biologic materials and has been widely used for decades. The primary purpose of hernia mesh is to reinforce the affected area and prevent the hernia from recurring.
Types of Hernia Mesh
- Synthetic Mesh: Made from man-made materials like polypropylene, polyester, or PTFE (polytetrafluoroethylene). Synthetic meshes can be further classified into absorbable and non-absorbable types.
- Biological Mesh: Derived from animal tissues such as porcine (pig) or bovine (cow) sources. These meshes are designed to be absorbed by the body over time and promote tissue growth at the site of repair.
Common Uses in Surgical Procedures
Hernias occur when an organ, usually part of the intestine, pushes through a weak spot in the surrounding muscle wall. There are several types of hernias that may require surgical intervention using hernia meshes, including:
- Inguinal Hernias: Occurring in the groin area where abdominal contents protrude through a weak point in the inguinal canal.
- Femoral Hernias: Located near the femoral artery within the upper thigh region; these tend to affect women more often than men due to their wider pelvic structure relative to males’ narrower one.
- Ventral Hernias: Also known as incisional hernias, they develop at the site of a previous abdominal surgery where the muscles have not properly healed.
- Umbilical Hernias: These occur when parts of the intestine protrude through an opening near the navel and can be present from birth or develop later in life as a result of increased pressure on the abdominal wall (e.g., pregnancy).
Potential Complications of Hernia Mesh
Hernia mesh, while commonly used in hernia repair surgeries, can sometimes lead to complications. Some of the most frequently reported issues include chronic pain, infection, adhesion (where the mesh sticks to internal organs), bowel obstruction, recurrence of the hernia, and rejection by the body.
Chronic Pain After Surgery
One potential complication associated with hernia mesh is chronic pain after surgery. This discomfort may be due to nerve damage or inflammation caused by the mesh itself. In some cases, patients require additional surgeries to remove or replace the problematic mesh.
Infection Risks Related to Hernia Mesh
Infections are another possible risk related to hernia meshes. These infections can develop shortly after surgery or even years later. They often result from bacteria entering through an incision site and attaching themselves onto the synthetic material of a mesh implant. Severe infections may necessitate removal of the infected mesh and further treatment with antibiotics.
- Bowel Obstruction: Bowel obstructions occur when scar tissue forms around a hernia mesh causing blockages within intestines. This condition requires immediate medical attention as it could potentially become life-threatening if left untreated over time.
- Hernia Recurrence: The possibility of a hernia recurrence after an initial repair is also a concern with the use of mesh. In some instances, the mesh may shrink or move from its original position, leading to a return of the hernia.
- Rejection: In rare cases, a patient’s body may reject the mesh material altogether. This can result in chronic pain and inflammation and may require additional procedures to remove the problematic mesh.
Over the years, hernia mesh lawsuits have become increasingly prevalent across the United States. These legal cases primarily involve patients who experienced complications after undergoing surgery with defective or poorly designed meshes. Some of the recent significant cases involving faulty meshes include:
- C.R. Bard Settlements: In August 2023, C.R. Bard agreed to pay $60 million to resolve thousands of hernia mesh claims.
- Atrium Medical Corp Settlement: In December 2023, Atrium Medical Corp settled a class-action lawsuit for an undisclosed amount over their C-Qur mesh product.
- Ethicon Physiomesh Cases: Johnson & Johnson’s subsidiary Ethicon is currently facing numerous lawsuits regarding its Physiomesh Flexible Composite hernia mesh device.
The increasing number of settlements and verdicts demonstrate that courts are recognizing patients’ suffering due to defective hernia meshes and holding manufacturers accountable for their negligence. As more individuals come forward with similar experiences, it becomes crucial for those affected by these medical devices to seek legal representation from a knowledgeable personal injury lawyer familiar with hernia mesh litigation.
When to Hire a Hernia Mesh Lawyer
If you have undergone hernia repair surgery involving mesh and are experiencing complications, it may be time to consider hiring a skilled hernia mesh lawyer. Some signs that indicate the need for legal assistance include:
- Chronic pain after surgery
- Infections related to the hernia mesh implant
- Bowel obstruction or adhesion issues caused by the mesh
- Hernia recurrence despite having undergone surgical repair with mesh
An experienced personal injury attorney can provide you with the necessary legal guidance to ensure your rights are protected and that fair compensation is obtained for any damages incurred due to bowel obstruction, adhesion issues, hernia recurrence or faulty products. They will assist in gathering evidence of medical negligence or faulty products, as well as handling communication with insurance companies and other involved parties.
The Role of a Skilled Hernia Mesh Attorney in a Hernia Mesh Case
In hernia mesh cases, lawyers play an essential role in helping their clients obtain fair compensation for the complications they have experienced. Their responsibilities include gathering evidence, negotiating with insurance companies and other involved parties, and representing clients in court proceedings if necessary.
Evidence Collection Process
A hernia mesh lawyer will thoroughly investigate your case to gather crucial evidence that supports your claim. This may involve obtaining medical records documenting the complications you’ve experienced due to hernia mesh surgery, consulting with expert witnesses who can attest to the defective nature of the mesh used or improper surgical techniques employed during your procedure, and collecting testimony from others who have faced similar issues.
Negotiating Settlements
Once sufficient evidence has been gathered, your attorney will negotiate on your behalf with insurance companies or manufacturers responsible for producing faulty hernia meshes. They will use their expertise and knowledge of America’s personal injury laws to ensure you receive fair compensation for damages such as medical expenses, lost wages due to inability to work during recovery or long-term disability resulting from these issues; pain and suffering endured throughout this ordeal – both physical and emotional aspects considered here too.
what a great firm! Always available for any questions/concerns I had. Were very honest with me and always kept me in the loop. Highly recommend!
Daniel Mendoza
Shamis & Gentile Client
Frequently Asked Questions:
What is the average settlement for a hernia mesh?
The average settlement amount for hernia mesh lawsuits varies depending on the severity of complications and individual case factors. Settlements can range from tens of thousands to millions of dollars. It’s essential to consult with an experienced personal injury lawyer who can evaluate your specific situation and provide guidance on potential compensation.
What is the statute of limitations on hernia mesh?
The statute of limitations for filing a hernia mesh lawsuit is typically four years from when you discovered or should have reasonably discovered your injury caused by defective medical devices. However, it’s crucial to speak with a knowledgeable attorney as soon as possible since exceptions may apply.
Can I sue if my hernia mesh has failed?
If your hernia mesh has failed due to manufacturing defects or inadequate warnings about potential risks, you may be eligible to file a lawsuit against the manufacturer. An experienced personal injury lawyer can help determine if you have grounds for legal action and guide you through the process.
How long does it take to settle a mesh lawsuit?
The time required to settle a mesh lawsuit depends on various factors such as the complexity of the case, the number of plaintiffs involved, and whether it goes to trial or not. Settlements can take anywhere from a few months to several years. It is important to work with an experienced hernia mesh lawyer who will advocate for your best interests and expedite your case as much as possible.
What is the average settlement for a hernia mesh?
The average settlement for a hernia mesh lawsuit can vary significantly depending on the circumstances of each individual case. Generally, settlements in these types of cases range from tens of thousands to hundreds of thousands or even millions, depending on factors such as severity and duration of injury, medical expenses incurred due to the hernia mesh implantation, lost wages and other economic losses resulting from the injury. Additionally, punitive damages may be awarded if there is evidence that the manufacturer acted with gross negligence or recklessness. Ultimately it is up to a jury to decide what amount should be awarded in any given case.
Can I sue if my hernia mesh has failed?
Yes, you may be able to sue if your hernia mesh has failed. In order to determine whether or not a lawsuit is appropriate in your case, it is important to consult with an experienced personal injury lawyer who can review the facts and circumstances of your particular situation. Your attorney will also help you understand any applicable statutes of limitations that might apply in your state as well as other potential legal issues related to product liability claims for defective medical devices such as hernia mesh implants.
How long does it take to settle a mesh lawsuit?
The time it takes to settle a mesothelioma lawsuit varies greatly depending on the complexity of the case and other factors. Generally, however, most cases can be settled within two years from when they are first filed in court. This timeline may be extended if there is a need for additional discovery or if either party decides to appeal any decisions made by the court during trial proceedings. Additionally, settlement negotiations between parties may take longer than expected due to disagreements over compensation amounts or other legal matters. Ultimately, each case will depend upon its own unique circumstances and should not be assumed to follow any set timeframe for resolution.
Importance of Hiring a Hernia Mesh Lawyer
While hernia mesh can be an effective treatment option, it can also lead to complications such as chronic pain and infection risks. In some cases, faulty meshes have resulted in significant lawsuits with substantial settlement amounts awarded.
If you or a loved one has experienced complications related to hernia mesh, hiring a hernia mesh lawyer may be necessary to receive compensation for medical expenses and lost wages. It’s important to choose a qualified attorney with experience handling hernia mesh cases who can assist with evidence collection and negotiating settlements. Non-mesh surgical options exist for treating hernias, but lifestyle changes can also aid in prevention.
Contact us for a free case evaluation. Submit your claim today.