Physicians have used hernia mesh for decades to treat various health issues many people experience. However, in recent years, several patients who have received hernia mesh implants to treat their medical conditions have reported complications induced by the implant, including intestine blockage, infection, and mesh migration.

Further, it is also common for hernia patients to require additional surgery to replace the faulty mesh and fix any internal injury caused by the implant. If this has happened to you after receiving a hernia mesh implant, you could qualify for a lawsuit to receive compensation for your losses.

A hernia mesh implant lawsuit is a legal claim against the makers of the hernia mesh by patients who experienced complications and adverse side effects after receiving the implant. A skilled and seasoned attorney who understands how the court treats these claims can help you secure the best possible outcome.

Understanding What Hernia and Hernia Mesh Are

A hernia can form when a fatty body tissue or organ squeezes or pokes through an opening or weak area in any nearby connective muscle or tissue, mainly at the walls of your abdomen. Generally speaking, hernia severity could range from clearly visible bulges on your skin to concealed internal ones. Here are various types of hernia that you ought to know about:

  • Femoral Hernia—This type of hernia occurs below your groin area in the upper part of the thigh

  • Inguinal Hernia—This type of hernia occurs around the groin area of the body and is more prevalent in men

  • Umbilical Hernia—As the name suggests, this hernia type occurs around your belly button or navel and could occur in both infants and adults

  • Hiatal Hernia—This hernia type occurs when a portion of your stomach pokes or protrudes through the diaphragm directly into your chest

  • Incisional Hernia—As the name implies, this hernia type stems from an incision scar caused by your previous abdominal surgery

  • Perineal Hernia—This type of hernia occurs mainly around the pelvic part of the body, but it is rare

In most cases, hernias are caused by excess pressure or strain around the affected part of the body. Some of the common causes of this pressure or strain include the following:

  • Injury

  • Constipation

  • Obesity

  • Childbirth

  • Lifting heavy weights

  • Sneezing or constant coughing

Overexertion, smoking, and poor nutrition can weaken your muscles, increasing your odds of developing a hernia.

Most hernia problems are not fatal but could worsen with time, causing bothersome pain and making it difficult to carry out everyday tasks. In minor cases, keeping your hernia flat using a truss or support belt could help reduce the symptoms of this issue. However, sometimes, a hernia surgery could be necessary, which is where hernia mesh comes in.

Hernia mesh is a medical device your surgeon uses to support or reinforce your damaged or weakened tissues during a hernia treatment surgery to prevent the reoccurrence of the hernia. While previously, hernia meshes were plastic-made, nowadays, most are synthetic-made. Polyester, polypropylene, and animal-derived materials, like cow tissues, are examples of synthetic materials used to make mesh.

Depending on your hernia type, severity, and preferences, your surgeon could recommend any of the following types of hernia mesh to help fix the condition:

  • Coated mesh—This mesh type has a protective coating to help reduce inflammation and adhesions

  • Non-absorbable mesh—This mesh type will remain in your body after the procedure

  • Absorbable mesh—As the name implies, this mesh is absorbed by the body slowly after the surgery

  • Composite mesh—This mesh type combines both non-absorbable and absorbable materials

While physicians have used hernia mesh devices or implants for decades to lessen hernia recurrence, many patients have reported adverse complications after receiving specific implants, leading to lawsuits against the manufacturers of the products. Below are examples of hernia mesh manufacturers:

  • Covidean

  • Bard Davoll

  • Atrium

  • Gore Medical

  • Braun Melsungen

  • Lifecell Corporation

  • Ethicon

Examples of Health Complications Caused by Hernia Mesh and Common Symptoms to Expect

The complications caused by hernia mesh devices can significantly alter your life. According to the FDA, some of the common complications associated with hernia mesh devices include the following:

  • Infection

  • Mesh shrinkage or migration

  • Bowel obstructions

  • Hernia recurrence

  • Adhesions

  • Seromas

  • Mesh erosion

  • Organ perforation

  • Mesh contraction

  • Fistula

Aside from affecting your physical and emotional health, these complications can also negatively affect your financial life because they are expensive to treat. Fortunately, all these losses are compensable when you file a lawsuit against the product maker.

If you have developed any of the above complications after receiving a hernia mesh device, you could qualify for adequate compensation for all your losses, including emotional distress. Below are some of the common symptoms associated with the above complications:

  • Bloating

  • Nausea and vomiting

  • A noticeable lump around the affected part of the body

  • Flu-like symptoms

  • Fever

  • Unusual inflammation of the incision site or wound

If you have experienced any or all of these symptoms after receiving a surgical mesh, consulting with a physician as soon as possible is wise. Then, hire an attorney to investigate the case and prepare a compensation claim against the defective hernia mesh device manufacturer.

Factors That Will Affect Your Eligibility to File the Hernia Mesh Lawsuit

Unfortunately, not every patient will qualify to file a hernia mesh lawsuit against the manufacturer of the implant they received. Below are factors that could affect your eligibility to file a hernia mesh lawsuit:

The Type of Complication You Developed or Experienced After Undergoing a Hernia Mesh Surgery

While you should take any post-surgery complications or side effects seriously, not all of them will qualify you to file a hernia mesh lawsuit. To qualify to file a hernia mesh lawsuit, you must have sustained severe complications like the ones mentioned above.

Having a recorded medical journal that links your complications with the specific hernia mesh device or implant received can help your attorney build a strong compensation claim against the maker of the product. These records help prove to the judge the injury you sustained and how it has affected your general health and life quality.

The Type of Hernia Mesh Device You Received

Hernia mesh implants are not manufactured equally, and different implants are associated with specific complications. Also, most hernia mesh lawsuits involve certain types of hernia mesh devices because of their high rate of complications. Below are common hernia mesh devices that are currently under investigation due to their high rate of complications:

  • The Covidien hernia mesh device

  • Bard hernia mesh device

  • The Ethicon hernia mesh device

  • Atrium hernia mesh device

Once your attorney identifies the specific type of hernia mesh device used in your hernia surgery, he/she can collect relevant evidence and prepare your claim against the maker.

Surgery Timing and the Onset of Complications

The specific details of your unique surgery can influence your eligibility for a hernia mesh lawsuit, including the timing of the surgery and the onset of your complications. Some of the key factors to consider include:

  1. The Surgery Date

The date your doctor implanted the hernia mesh device on your body can help determine whether you have a valid hernia mesh claim. Generally, you can file a hernia mesh lawsuit if your hernia mesh surgery occurred on or after 1st January 2006.

  1. Onset of Adverse Side Effects or Complications

How soon you experience complications after the hernia mesh surgery can affect the strength of your claim and its connection with the device received.

  1. Statutes of Limitations

How long you have to file your hernia mesh lawsuit will depend on the facts of your case. Since a hernia mesh case falls under the umbrella of product liability matters, the statute of limitations starts to run on the date you sustained a mesh-related injury or discovered that you have an injury.

Generally speaking, in most cases, you will have not more than two years from the date you sustained the hernia mesh-related complication or learned about the injury to file your hernia mesh lawsuit. Ensure you file your lawsuit on time to avoid compromising your right to file a lawsuit against the faulty hernia mesh implant manufacturer.

Legal Grounds for Filing Your Hernia Mesh Lawsuit

If you have developed complications after a hernia mesh implant surgery, you can file a product liability lawsuit against the maker of the medical device based on the following grounds:

Design Defects

A hernia mesh implant with a design defect or flaw is inherently dangerous, meaning the defect cannot be fixed during manufacturing or labeling. Sometimes, the manufacturers of these devices are unaware of these design flaws, and in other cases, they are aware but choose to ignore them. Any defectively designed medical device is inherently dangerous to human health and life.

According to strict liability legal doctrine, the hernia mesh implant manufacturer could be liable for your losses if:

  • The hernia mesh's defective or flawed design posed a foreseeable health risk to users, and they manufactured it as it is

  • The surgeon implanted it safely as required

For example, Ethicon and Atrium could be liable for your injuries under this legal ground because these manufacturers use polypropylene to make hernia mesh devices. Unfortunately, polypropylene can cause life-changing reactions and deteriorate with time, leading to internal injuries.

Manufacturing Defects

Unfortunately, even the most safely designed medical devices can become dangerous to human health when manufactured with a defect. A defect occurs when the manufacturer deviates from the original or intended design.

Since hernia mesh devices are fragile, when the manufacturer deviates from the original design, regardless of how slight, the final product can cause severe injuries to a patient. To increase your odds of securing compensatory damages on your hernia mesh lawsuit based on this legal ground, your attorney must prove that:

  • The surgical mesh device implanted in your body had a manufacturing defect when the manufacturer released it for sale

  • The manufacturing defect was the substantial cause of your injury

Testimonies from workers who played a role in manufacturing the medical device can help prove this fact and increase your chances of securing a favorable outcome.

Improper Labeling or Failure to Warn

Every medical device has its risks, and manufacturers must disclose these risks to doctors and patients through proper labeling to ensure they are well-informed before recommending or using the product. Specifically, makers of hernia mesh implants must do the following:

  • Warn doctors of non-obvious risks that hernia mesh devices could cause

  • Inform doctors how these risks could be avoided to protect patients’ health

Unfortunately, some manufacturers of hernia mesh devices fail to warn doctors and patients of possible dangers or risks their devices could cause. That means many doctors and patients use these devices without knowing they can experience complications afterward.

If the surgical mesh device is properly labeled and warnings indicated, a patient can avoid the implant for other alternative, non-risky treatments. Failure to warn or improper labeling is a valid legal ground for submitting a hernia mesh lawsuit. Your attorney can argue that mesh packaging omitted crucial warnings that could have helped you and your surgeon make a wise decision about your treatment.

Medical Malpractice

Even if the hernia mesh implant is safe for use, it can cause severe health complications due to medical malpractice. If the surgeon incorrectly implanted the hernia mesh device in your body or he/she used the wrong hernia mesh size or type, he/she could be liable for your losses. Your attorney must show the court that the doctor was negligent when proving this legal ground. Specifically, he/she must prove that:

  • The doctor owed you a duty of care

  • The doctor breached his/her duty of care

  • The breach caused your injuries and losses

How an Attorney Can Help if You Have a Hernia Mesh-related Claim

A skilled and experienced attorney can help you navigate the confusing and complex legal process to secure a favorable outcome. Aside from offering you the necessary legal advice, the attorney you will hire can help:

Evaluate Your Unique Case

The attorney you choose will thoroughly evaluate your unique case, including your medical record, the specific type of hernia mesh device implanted in your body, the symptoms you experienced, and all other crucial factors.

Therefore, a comprehensive evaluation of your case is vital in determining the area of liability in your case and the appropriate cause of action to secure compensatory damages for your losses.

Gather Evidence to Support Your Claim

Building a viable claim requires gathering adequate evidence and documentation, including the following:

  1. Medical Records

During the lawsuit hearing or settlement negotiation, your attorney needs sufficient evidence to help link your complications or injury to the specific hernia mesh device you received. That is where your medical records become vital. Some medical records that can strengthen your claim include imaging studies, surgical reports, and other related documents.

  1. Product Information

Your attorney can help you gather information on the type of surgical mesh implanted on your body during the surgery and its specific design.

  1. Expert Opinions

Testimonies and opinions from various medical experts can help prove the link or relationship between your complications and the medical device implanted in your body to increase your odds of securing a favorable outcome.

  1. Other Documentation

Other documentation, like your medical bills, photos of your injuries, and insurance paperwork, can also help prove that you deserve maximum compensation for the losses caused by the faulty hernia mesh device.

Prove Your Claim in Court

When the manufacturer of the defective hernia device implanted in your body is not ready to negotiate a favorable settlement, a skilled and dedicated attorney can take your claim to trial and let the judge decide the outcome.

During your trial hearing, your attorney can help prove your case and provide all supporting evidence, including eyewitness testimonies and expert statements, to stand a chance of securing the best possible outcome.

Potential Damages You Could Receive on Your Hernia Mesh Implant Lawsuit

If everything works in your favor, you will receive compensation for economic and non-economic damages, including the following:

  • Current and future medical expenses, including medication costs

  • Lost wages

  • Lost earning capacity

  • Pain and suffering

  • Emotional distress

  • Miscellaneous out-of-pocket expenses

  • Loss of consortium

  • Loss of enjoyment in life

  • Reduced quality of life

While there is no standard for calculating non-economic losses, with the help of your attorney, you can secure the utmost compensation for your losses. In arriving at fair compensatory damages for your non-economic and economic losses, the court will consider the following factors:

  • The likely outcome of your medical condition

  • The severity and type of your hernia mesh-related complications

  • How the injury affects your daily activities

  • How the injury affects your relationship with your family and friends

  • Whether the injury can cause permanent disability

  • How long it could take to recover from the injury fully

  • Whether injury caused permanent scarring

  • Your attorney's arguments and evidence

Find a Credible Personal Injury Attorney Near Me

Because of the complexity of product liability cases and the available deadlines, you should contact an attorney as soon as possible if you have experienced complications after a hernia mesh implant surgery. With the help of our credible attorneys at Los Angeles Personal Injury Attorney, you can stand a chance of securing the utmost compensation possible for your injuries and losses.

We invite you to call us at 424-231-2013 to schedule your first obligation-free consultation with one of our experienced product liability attorneys.