Hernia mesh surgery is a routine procedure for the vast majority of patients. However, a defective hernia mesh implant can cause severe injuries that can cause medical bills to pile up while your personal and family finances suffer. In some extreme cases, hernia mesh failure can even lead to death.
If you’re a hernia mesh victim suffering from a poor surgical repair of your hernia due to defective hernia mesh products, you can recover compensation for damages with the help of an experienced hernia mesh attorney from Nessler & Associates.
Since medical products in widespread use may have injured many people, multiple plaintiffs may be able to pursue mass torts against the manufacturers. Our law firm helps victims take the proper legal steps for their unique situation. Contact us for a free consultation.
Our law group works tirelessly to ensure manufacturers of defective medical devices are held accountable for the injuries suffered by patients and that our clients receive the compensation they are owed.
What is a Hernia?
A hernia occurs when an organ or other tissue protrudes through a weak point in the connective tissue or muscles, such as the abdominal wall. Most hernias occur in the passageway known as the inguinal canal in the groin, causing bulges on one side of the pelvis. Inguinal hernias are responsible for 75 to 80% of all hernias.
What is Hernia Mesh?
Hernia mesh is a synthetic or animal material that reinforces the surrounding muscle and tissue to prevent the hernia from recurring. Surgeons may implant an absorptive that can break down and eventually dissolve within the body. They can also choose to use a non-absorbable mesh for a permanent implant.
What Injuries Can Lead to a Hernia Mesh Lawsuit?
The use of hernia mesh has led to adverse injuries such as tissue damage. If a hernia mesh shifts or entangles against surrounding tissues and organs, it can cause tissue damage. Various symptoms may result from tissue damage, including pain, inflammation, and infection. Severe cases can lead to organ damage or even death.
Other injuries that may lead to a hernia mesh lawsuit include:
- Nerve damage
- Internal bleeding
- Muscle weakness
The Dangers of Defective Hernia Mesh Products
Several hernia mesh manufacturers have recalled their mesh devices due to serious health complications, including C.R. Bard, Inc., Atrium Medical Corp., and Ethicon, Inc., a Johnson & Johnson subsidiary. Complications from these medical devices include:
- Infections resulting in headaches, fever, and sepsis
- Inflammation due to the body’s response to a foreign object
- Adhesion of the hernia mesh to the wrong tissue like the hernia mesh
- Mesh migration that can cause internal organ damage
- Bowel perforation from a degrading or eroding mesh
- Chronic pain in the groin or testicles
Recurrent hernias can also occur for various reasons, including faulty sutures and shorter surgical times. Pursuing a hernia mesh claim can hold medical device companies responsible for dangerous manufacturing defects. A hernia mesh claim may be appropriate if you had surgery to repair a hernia and suffered from complications due to the use of defective medical devices.
What are the Hernia Mesh Recalls
Many hernia mesh manufacturers have recalled over 211,000 products from 2005 to 2019 due to the possibility of causing severe injuries or death. These manufacturers include the following:
Bard Composix Kugel Hernia Patch Recall
The U.S. Food and Drug Administration (FDA) has issued a Class I recall for Kugel Mesh hernia patches in 2006. C.R. Bard and Davol Inc. manufactured the patches. The recall was issued after discovering that the patches may cause bowel perforations and abnormal connections between the intestines and other internal organs.
Atrium Medical Corp. Recall
In 2013, Atrium Medical Corporation recalled their C-QUR hernia meshes due to concerns that the coating on the mesh could cause infections. The FDA has received reports of patients who experienced infections after receiving C-QUR hernia meshes. These infections required revision surgery to remove the infected internal tissue.
Sofradim Versatex Monofilament Mesh Recall
The FDA issued a Class II recall for Versatex Monofilament hernia meshes manufactured by Sofradim Products, a French company, following reports of hernia recurrence after surgery.
Other Hernia Mesh Recalls
The FDA has noted hernia mesh recalls from manufacturers due to the harmful effects of hernia mesh defects. Among these are:
- Johnson and Johnson’s recall of Physiomesh flexible composite mesh in 2016 from the higher than normal hernia recurrence
- Ethicon Proceed and Physiomesh hernia meshes in 2014 because of the manufacturing defects that could compromise the sterility of the hernia
- Parietex Composite Parastomal Mesh in 2018 due to mesh failure and hernia recurrence
If you have been implanted with a hernia mesh and are experiencing complications, it is vital to seek medical attention immediately. You may consider filing a report with the FDA’s MedWatch program to report your symptoms from the failed mesh. You can contact an experienced attorney at our law firm to seek financial compensation for your ordeal.
Is it Too Late for Me to File a Hernia Mesh Lawsuit in Illinois?
The statute of limitations in Illinois to seek financial compensation for adverse events regarding a defective hernia mesh device is 2 years. There may be grounds to pursue legal action if your health issues occurred after the statute of limitations expired.
Illinois follows a statute of repose in which you may file a lawsuit for a hernia mesh failure after 12 years from first receiving it.
However, if you are experiencing painful symptoms from your hernia mesh, it is best to file your claim within the two-year statute of limitations. An experienced hernia mesh lawyer can help you determine whether you have a lawsuit against the hernia mesh manufacturer.
They can also investigate if the hernia in question is defective, whether it has been recalled, and if the defect injured you and caused you financial damages.
Why You Should Work with a Hernia Mesh Lawyer
A qualified hernia mesh lawyer from Nessler & Associates can help you understand your legal rights and options. We can also inform you about the legal process of filing a hernia mesh lawsuit. Here are some reasons why you should work with an experienced lawyer from our law firm:
Knowledge in Cases Involving Hernia Meshes
Attorneys specializing in personal injury, medical malpractice, and mass tort can help you with your hernia mesh case. We have experience working with clients who have experienced complications from hernia meshes. Your attorney can discuss the recalled hernia mesh devices and their health complications.
Legal Support Through Your Hernia Mesh Claim
Your hernia mesh lawyer will work with you to build a strong case that supports your claim against the defective product. Your attorney can document and preserve every piece of evidence related to your case, such as medical bills and laboratory tests. They may also recommend keeping your hernia mesh as crucial evidence for your claim.
We can prepare interrogatories with the manufacturer if your claim goes before the court. You may also have your attorney seek expert witnesses to testify on your behalf about how the product was used and whether it caused harm.
Work on Your Behalf on a Contingency Fee Basis
During the free consultation, the lawyer can disclose how they structure their legal payments and whether they are paid on a contingency fee basis. A contingency fee arrangement allows you to pursue your hernia mesh claim without paying legal fees outright. If your lawsuit succeeds, you will be entitled to a certain percentage of your settlement, while your lawyer will get another, ranging from one-third to 40%. When you work with a lawyer at our law firm, we strive to make your case successful and help you achieve a fair settlement.
Compensation You Can Receive in a Hernia Mesh Lawsuit
Your lawyer will assess the value of your claim based on the extent of your injuries, current and future financial losses, and pain and suffering endured after your hernia repair.
Economic damages for medical expenses, including revision surgery and loss of wages, can help you recoup your losses. A surgical mesh lawsuit can include non-economic damages such as:
- Pain and Suffering
- Mental anguish
- Loss of quality of life
- Loss of enjoyment of life
- Loss of consortium
If you or someone you love is suffering from chronic pain and other hernia mesh complications surgery, contact the hernia mesh lawyers at Nessler & Associates for help recovering compensation. We can advise you on your legal rights to compensation and help you pursue your claim against the hernia mesh manufacturer.
We work with you on a contingency basis, meaning we only get paid if our legal team wins your case. Call us at (800) 727-8010 for a free initial consultation regarding your hernia mesh case.