5 Mistakes Hernia Mesh Victims Should Avoid
Legally Reviewed and Edited by: Terry Cochran
If you are a hernia mesh patient who has suffered complications, it is important to understand the legal options available to you. You may be unaware of how to get compensation for your injuries or how long you have to file a claim against the responsible party.
It’s critical to act fast when you become aware of a complication with your hernia mesh device. Avoid making these five mistakes to better your chances of filing a successful claim for compensation against the negligent party.
Not Knowing the Manufacturer of Your Hernia Mesh Device
You need to know who manufactured your hernia mesh product to file a claim. Contact the hospital where you had your surgical procedure. You can obtain your surgery and discharge records from the hospital’s medical records department.
A personal injury lawyer can also obtain the documents on your behalf. Your attorney can determine the mesh implant’s product code, name, and manufacturer using your medical records. They can advise you on whether the FDA has recalled your hernia surgery mesh patch or if the manufacturer has voluntarily recalled it.
A lawyer can also investigate any recalls or legal cases involving the manufacturer of the device.
Hernia mesh implants come in many types, and each hernia mesh manufacturer may offer more than one hernia mesh product. Some of them are the subjects of hernia mesh multidistrict class-action lawsuits such as Ethicon/Johnson & Johnson, C.R. Bard, and Atrium Medical Corp.
- The Atrium Medical Corp. voluntarily recalled its C-QUR TacShield, C-QUR Edge Mesh, C-QUR V-Patch Mesh, and C-QUR Mesh products in 2013. With high humidity, these products could experience packaging issues that would complicate sterility and cause more complications for patients.
- In 2016, Ethicon recalled its Physiomesh Flexible Composite Mesh from all markets. This is because the results of a Polish clinical trial showed a high recurrence rate among participants.
- The Proceed hernia mesh device from Ethicon had packaging integrity issues in 2014, which could compromise the product’s sterility and cause complications in patients. In 2020, Proceed was recalled after a customer found a hair strand inside the packaging.
- Covidien/Medtronic withdrew their Parietex Composite Parastomal Mesh in 2018. After parastomal hernia repair using the Sugarbaker technique, the manufacturer found mesh failure several years later, leading to hernia recurrence, bulging, and pain.
A product liability and negligence lawsuit can be filed against your hernia mesh device manufacturer. You can ask your lawyer whether you should bring a case on your own or join a hernia mesh class action lawsuit.
Not Keeping Records of Hernia Mesh Complications and Medical Treatments
For your case to be successful, your attorney will ask you for documentation of the complications you experienced because of your hernia mesh. List all the symptoms you experienced from your hernia mesh device. You can also ask your treating doctor for a list of symptoms.
The dates of your initial hernia mesh surgery and subsequent hernia mesh revision surgeries are all vital information for your case. Keep a record of how long you were in the hospital for your hernia repair surgeries. If you need assistance putting together your medical documentation, your lawyer can guide you through the process.
Some hernia mesh products pose a high risk of causing significant medical complications, such as adhesions, discomfort, bowel obstruction, and hernia recurrence.
Other hernia mesh complications include:
Laparoscopic hernia repair involves sewing surgical mesh to the abdominal wall. The mesh may become distorted and shrink with age, and mesh erosion may cause problems. It can move from its current location to elsewhere in the body.
Not only does that increase the risk of recurrence, but the mesh can damage any tissue or organ it comes into contact with. The migration of mesh can cause organ punctures, intestinal obstructions, and bowel perforations, which can endanger their function.
Hernia mesh is supposed to be inert and non-contaminating. However, it may cause adverse side effects such as pain, inflammation, and fever. Most infections occur when bacteria grow on the hernia mesh. A severe infection may require patients to undergo intravenous antimicrobial treatment and additional medical care.
Multiple hernia mesh removal surgeries
Doctors may have to perform additional surgeries to remove a failed hernia mesh. When the failed mesh has disintegrated into fragments, surgeons aren’t always able to remove everything from the body during the initial surgery.
Fragments from the hernia mesh can result in lifelong abdominal pain, for which you should be fairly compensated.
Working with the Wrong Hernia Mesh Attorney
It is possible to sue the mesh manufacturer, but you may also hold the surgeon who placed the abdominal wall mesh liable for medical malpractice. Medical malpractice cases involve more legal procedures, including filing affidavits and attending a pre-court screening. A class action lawsuit may take years to complete with many plaintiffs and attorneys involved. The lawsuit may also take place outside of your state.
A reputable hernia mesh lawyer has medical knowledge and awareness of medical malpractice issues. They are open to answering your questions about the legal process and can help you collect medical documentation. A skilled medical malpractice lawyer is also familiar with the statute of limitations for filing a medical malpractice claim in Michigan.
Eileen Kroll, a senior partner with Cochran, Kroll, & Associates P.C., has a unique background that combines her nursing training and legal experience. You can rely on her perspective to gain a unique insight into your case and strengthen your claim against the surgeon or manufacturer responsible for your injuries.
Taking Too Long to File a Hernia Mesh Claim
To recover fair compensation, it is essential that a hernia mesh victim doesn’t miss the statute of limitations for a hernia mesh case. Monitoring the statute of limitations is critical. An attorney specializing in mesh surgery for hernias can advise you regarding the statute that applies to your case.
Medical malpractice statute of limitations
In Michigan, medical malpractice lawsuits have a two-year statute of limitations from the day the healthcare provider caused the patient’s injury. You may also file a medical malpractice claim within six months of discovering the existence of a claim.
The maximum statute of limitations for filing a medical malpractice lawsuit is six years, regardless of when the error occurred. There is no six-year deadline for suing when the defendant misled the court or caused permanent damage to reproductive organs.
Product liability statute of limitations
The statute of limitations for product liability is three years. However, it does not apply if a court finds that the manufacturer or distributor of the product knew from the beginning that it was defective and could cause injury.
Accepting a Low Settlement Amount
A quick, out-of-court settlement with the manufacturer or the surgeon who performed your hernia mesh surgery may sound like a good way to end your claim. But, you might not get enough compensation if you settle quickly since they may not consider the severity of your injuries and the cost of future medical treatment.
In hernia mesh lawsuits, you can receive economic and non-economic damages, but it’s difficult to estimate the total value of the claim because each case is unique. A lawyer can help you determine the economic and non-economic damages in your case, including:
Your damages will cover medical care for hernia mesh or future surgical procedures. For instance, compensation is available for the cost of a second surgical hernia mesh implant procedure to treat an inguinal hernia if it causes complications. The damages can also cover additional surgeries required because of hernia mesh complications.
Loss of wage-earning capacity
If you can no longer earn a living because of a hernia mesh injury, you can seek compensation for these lost wages. In addition to income lost while you were injured or recovering, you can also pursue awards for future income that you cannot earn because of a defective hernia mesh device or surgical mistake.
Pain and suffering
A defective hernia mesh device can cause physical pain and emotional distress due to infection and other complications. The mental distress from your injuries and hernia mesh repair surgeries could have also caused you anguish and emotional distress, for which you deserve to be compensated.
Your Hernia Mesh Claim Requires the Right Legal Actions
Being proactive and knowledgeable about your hernia mesh case is the most important thing you can do. Research the hernia mesh device manufacturer and keep records of all your medical complications and treatments related to your condition.
For your medical care and wellbeing, don’t wait too long before filing a claim. Find a lawyer who can assist you in filing for compensation and protecting your legal rights. At Cochran, Kroll, & Associates, P.C., our attorneys have the experience and knowledge to handle your hernia mesh lawsuit.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.