If you had hernia repair surgery after 2009 that used a mesh and suffered complications, you may be entitled to compensation for your injuries. Contact the Kishish Law Group today for a free and confidential case evaluation by filling out our contact form or calling us toll free at 1 (888) 609-4664.
Over 1 million hernia repair surgeries are performed every year by doctors in the United States. Surgeons performing hernia repair surgery often use a surgical mesh to strengthen a repair and prevent the hernia from coming back. Use of a mesh in surgery is common—the FDA estimates that by 2000, more than 90% of groin hernia repair surgeries used a mesh. However, use of hernia meshes may result in complications and some patients claim that implanted hernia meshes led to severe injury or death.
Lawsuits against many manufacturers of hernia meshes allege that these manufacturers failed to provide doctors with adequate warnings about the likelihood of side effects with the use of hernia meshes or that manufacturers failed to properly disclose problems with their products.
If you or a loved one had hernia repair surgery with a mesh and experienced side effects, a lawsuit may help you recover lost wages, pay for medical bills and compensate you for your suffering.
How can a hernia mesh hurt me?
According to the United States Food and Drug Administration (FDA), hernia meshes have been associated with the following adverse effects:
- Pain and infection
- Return of the hernia
- Bowel obstruction
- Mesh migration and shrinkage
Dr. C. Richard Patterson, a retired surgeon and chief medical officer, writes that when a hernia returns due to mesh movement, shrinkage or failure in other ways, subsequent surgeries to repair the hernia are more prone to failure. Dr. Patterson also notes that hernia meshes have been associated with nerve damage and damage to the intestinal walls, both complications that may require additional surgeries to correct. Additionally, erosion of the mesh can cause damage to other parts of the body and cause injuries that may require lengthy hospital stays.
Which brands of hernia meshes are affected?
Current multidistrict litigation involves Atrium's C-QUR™ Mesh and the Bard® Kugel™ Patch. Lawyers are also seeking to establish multidistrict litigation to combine cases involving Ethicon's Physiomesh™. However, even if one of these products was not used in your surgery, you are still encouraged to seek legal help if you suffered injuries following a hernia repair surgery using a mesh. Many hernia mesh products may produce the same side effects and injuries these products are alleged to cause, and you may be able to seek legal remedies for your injuries.
Parties agreed to consolidate cases involving Atrium's C-QUR™ Mesh into multidistrict litigation in an action filed December 8, 2016. Atrium's product was previously subject to a class 2 device recall after it was discovered that the coating could adhere to the packaging. That recall was later terminated by the FDA. Some cases in this litigation allege that the coating used in the hernia meshes can cause an allergic reaction insufficiently disclosed by the manufacturer.
C.R. Bard's Kugel™ Composix patches, manufactured by Bard subsidiary Davol, are also currently subject to multidistrict litigation. Bard agreed earlier to settle a portion of the claims against them, offering $184 million to settle the majority of the claims involving the Kugel patch. However, affected patients continue to seek suits against Bard, some claiming that Bard failed to resolve a known buckling problem with the patches.
Johnson & Johnson subsidiary Ethicon voluntarily recalled their Physiomesh™ products in May 2016 after their internal safety teams found that surgeries using Physiomesh had a higher likelihood of hernia recurrence than other hernia repair surgeries. The Judicial Panel on Multidistrict Litigation will hold a hearing on May 25, 2017 to decide whether to consolidate the claims against Ethicon. Plaintiffs allege that the polypropylene part of the mesh could not withstand normal abdominal pressures, resulting in the hernia returning through the mesh, necessitating more surgeries to correct the hernia.
Do I have a hernia mesh lawsuit?
If you underwent hernia repair surgery using a mesh and suffered following the surgery, the Kishish Law Group can help. Even if you don't know what kind of mesh was used or if a mesh was used in your surgery, we can help you find the information necessary to pursue your best legal option. We are committed to seeking justice for our clients and getting the compensation they deserve.
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