News

Hernia Mesh Lawyers: Behind the Class Action Lawsuit

Pond Lehocky Giordano is investigating injury claims on behalf of individuals who received hernia repair via surgically implanted meshes or patches.

You may be eligible to file a lawsuit if you’ve experienced significant injuries due to a hernia mesh procedure or needed additional surgeries to correct complications from the original operation. Our experienced team of medical device liability lawyers is dedicated to ensuring that you have the maximum restitution possible for your pain, suffering, and medical bills. With over 250 years of combined courtroom experience and a track record of over 100,000 successful cases, the seasoned trial lawyers at Pond Lehocky Giordano LLP are more than qualified to represent you in court.

To schedule a free, no-obligation consultation with our legal experts, call 1-800-568-7500 or fill out our contact form today.

What Is Hernia Mesh?

A hernia is a prevalent medical condition that requires surgical intervention. Nearly one million hernia repair surgeries are performed annually in the United States. Consequently, hernia repairs have become the most frequent surgical procedure in modern medicine. Over the past two to three decades, mesh or patch implant devices have been most commonly used in hernia repairs. These devices primarily addressing the following types of hernias:

1. Incisional Hernia: Weakening of the abdominal muscle.
2. Ventral Hernia: Muscle weakness specifically in the abdominal wall.
3. Femoral Hernia: Located in the upper thigh or outer groin.
4. Inguinal Hernia: Located in the inner groin.
5. Umbilical Hernia: Characterized by a bulge forming at the belly button.
6. Hiatal Hernia: Involves the protrusion of the stomach into the chest.

In hernia repair surgery, medical professionals reposition the protruding organ, typically an intestine, and perform surgical repairs on the muscle wall holding it in place.

A mesh or patch, akin to a miniature net or screen, is implanted by the surgeon in or around the repaired muscle tissue. This surgical mesh incorporates biological materials, facilitating the growth of connective tissue that acts as structural support, reinforcing the mended muscle wall at the hernia site. Eventually, the muscle tissue regenerates around the mesh or patch.

Given their status as implants, these devices must be constructed from inert materials that can coexist within the human body without triggering an immune response. Moreover, they must remain intact, preventing organ movement or protrusion into adjacent tissues post-surgery.

The Basis of Hernia Mesh Lawsuits

Earlier mesh products were primarily non-permanent and absorbable, constructed from animal byproducts intended to gradually dissolve within the body and disappear after implantation. While these absorbable devices boasted a commendable safety record, they did not provide permanent support to the abdominal wall.

In the early 2000s, a new generation of permanent hernia mesh devices from various manufacturers entered the market. These devices were constructed from a specific type of plastic encased in an inert coating designed to render them biocompatible within the body. Unfortunately, numerous permanent mesh or patch implants exhibited significant design flaws, leading to chronic pain and other adverse outcomes for patients, often necessitating revision hernia mesh surgeries.

As healthcare professionals reported adverse events to the U.S. Food and Drug Administration (FDA), the agency’s warnings and product recalls were eventually issued, paving the way for hernia mesh class action lawsuits.

The core issue with these hernia mesh devices lies in their biocompatibility within the human body. Rather than remaining inert post-implantation, these permanent mesh devices presented design or manufacturing problems, rendering the synthetic materials incompatible with the human immune system.

Once implanted, these defective hernia mesh devices triggered immune system responses, resulting in inflammation and various complications. Another related problem was the rapid degradation of their outer coating, leading to abnormal attachment of the mesh to internal organs or tissues.

In July 2023, the FDA released updated information concerning hernia mesh products and their applications upon reviewing adverse event reports over the past 22 years, noting that these reports detail health issues including injury, pain, and disability.

Lawsuits filed due to injuries or complications arising from defective hernia mesh rely on the basis that the manufacturers of these hernia mesh products failed to warn consumers and medical providers about their defects.

Typical Injuries in a Hernia Mesh Lawsuit

Defective hernia mesh devices can give rise to internal injuries and health complications, most commonly:

  • Abscess formation
  • Adhesions (scar tissue binding organs)
  • Bowel obstruction
  • Bulging
  • Fistulas (abnormal connections between body parts)
  • Hernia recurrence
  • Infection
  • Internal bleeding
  • Mesh detachment, migration, or shrinking
  • Pain or nerve damage
  • Perforation of organs or tissues
  • Seroma (fluid buildup)

Many of these complications necessitate additional surgical interventions for repair or correction. Some patients experienced these complications within days of hernia mesh implantation, while others faced a considerable delay between their hernia surgery and the onset of symptoms linked to defective mesh devices.

How Can a Hernia Mesh Lawyer Help?

At Pond Lehocky Giordano, our team of expert pharmaceutical liability lawyers will handle every step of your hernia mesh lawsuit for you so you can focus on your own health and recovery. Throughout the legal process, our legal team will help by:

Gathering evidence

Your lawyer will investigate the circumstances of your case and gather evidence to support your claim. This may include medical records, testimony, medical bills, and any other documents pertinent to your case.

Filing a lawsuit

Your lawyer will file a lawsuit on your behalf, seeking compensation for your damages. This may include medical expenses, lost wages, pain and suffering, wrongful death, and other damages.

Negotiating a settlement

In some cases, hernia mesh lawsuits may be settled out of court. Your lawyer will negotiate with the hernia mesh manufacturer and their legal teams to secure a fair settlement that meets your needs.

Notable Defective Products from Hernia Mesh Lawsuits

Hernia mesh recalls and lawsuits have predominantly focused on three product lines: Kugel Mesh, Ethicon Physiomesh, and Atrium C-Qur Mesh/Patch. The following table provides information on these products and their respective manufacturers:

Manufacturer Products Date Range
C. R. Bard Kugel Hernia Mesh 1998-2007
Ethicon Physiomesh 2010-2016
Atrium Medical C-Qur Mesh/Patch 2006-2015

Additionally, our legal team is investigating claims related to LifeCell Strattice and Surgimesh, which are discussed further below.

LifeCell Strattice Hernia Mesh Lawsuits

LifeCell Strattice, another hernia mesh implant, has triggered product liability lawsuits. Manufactured by LifeCell Corp., a subsidiary of Allergan Inc., the Strattice mesh implant has been utilized in thousands of hernia repair surgeries over the past decade. Unfortunately, the Strattice mesh suffered from similar issues as polypropylene hernia mesh devices, leading to FDA recalls and legal actions.

Surgimesh Hernia Mesh Lawsuits

Our legal team is also examining Surgimesh lawsuits. Surgimesh, produced by a French company and distributed in the U.S. by BG Medical, LLC, is composed of non-woven polypropylene fibers coated with silicone to prevent abnormal tissue attachments. This mesh has faced legal challenges due to design flaws.

Frequently Asked Questions about Hernia Mesh Lawsuits

How can I identify hernia mesh failure?

When a hernia mesh implant fails, it may result in various physical symptoms, including:

  • Abdominal bloating or discomfort.
  • Constipation or bowel obstruction.
  • Fever.
  • Nausea and vomiting.
  • Hernia recurrence.
  • Pain and swelling.

Patients typically seek medical attention when these symptoms become severe, leading to the identification of hernia mesh implant failure.

What is the deadline for filing a hernia mesh lawsuit?

The statute of limitations for filing varies by state. So, if you suspect that you may have a claim, consult with an attorney as soon as possible. The timing is crucial because health problems may appear years after the initial surgery.

What documentation do I need for a hernia mesh lawsuit?

Plaintiffs will require an extensive evidentiary record to prove their claim. This includes but is not limited to medical records, bills, expert witness reports, and financial information. Pond Lehocky Giordano will help you gather this information and make the process as smooth as possible.

Who can qualify for a hernia mesh lawsuit?

The strength and viability of your hernia mesh lawsuit depend on when you had your hernia mesh surgery and what injuries you subsequently suffered. Primarily, you or your loved one need to have had surgery to repair a hernia and/or have suffered medical complications from the hernia mesh that necessitated revision surgery. If your hernia mesh case was rejected or declined by another firm, Pond Lehocky Giordano may still be able to assist you with your lawsuit.

Talk to a Lawyer About Your Hernia Mesh Lawsuit

If you’ve experienced significant injuries due to a hernia mesh procedure or needed additional surgeries to correct complications from the original operation, our pharmaceutical liability lawyers can help you decide on the right course of action and figure out if you are entitled to compensation from the mesh’s manufacturer or other involved parties. We offer free consultations with our attorneys so that we can help you better understand your legal options and the strength of your case. For more information, call Pond Lehocky Giordano LLP at 1-800-568-7500 or fill out our contact form today.

Related News

Vaccine Injury Attorneys for SIRVA & More

Vaccine Injury Attorneys for SIRVA & More

Vaccines play a crucial role in protecting public health by preventing the spread of infectious diseases. While vaccines are generally safe and effective, there are rare instances where individuals may experience adverse reactions or injuries as a result of...

read more