Hernia Mesh Lawsuit Settlements
If you have had a hernia mesh repair procedure performed and suffered serious side-effects or had to have the operation redone, you may want to learn more about hernia mesh claims. While hernia mesh lawsuit settlements amounts can vary, you’ll still want to work with the best lawyer for hernia mesh lawsuit in Michigan.
The team at Cochran, Kroll & Associates, P.C. has extensive experience handling medical malpractice lawsuits, including mass torts and multidistrict litigations. When pursuing hernia mesh litigation, it’s essential to know the type of hernia mesh you have and what complications you suffered to determine if you can receive compensation.
Hernia Mesh Recalls
Since the Food and Drug Administration (FDA) initiated hernia mesh recalls in 2016, thousands of patients have filed hernia mesh lawsuits in both the United States and Canada against C.R. Bard and other manufacturers of hernia mesh products.
In most of these lawsuits, patients allege that the products were faulty by design or manufacturing, that they were fake products, and that the companies failed to adequately warn surgeons of potentially serious complications.
With over 8,000 cases pending, the presiding U.S. District Court judge has determined that bellwether trials will begin in January 2021, focusing on Steven Johns’ Bard hernia mesh lawsuit. This case will set a precedent for other hernia mesh claims.
Filing a Hernia Mesh Lawsuit
If you’ve suffered from serious side-effects after having a hernia mesh patch placed, you’ll likely need to file a product liability case. Because these cases are challenging to prove, you should work with an experienced hernia mesh attorney like senior partner Eileen Kroll at Cochran, Kroll & Associates, P.C. Her decades of experience as a registered nurse give her insight into your case both medically and legally.
When filing a medical malpractice or medical device liability suit, you’ll need to follow these steps:
File a Complaint
Your attorney at our law firm will thoroughly investigate your allegations. They will work with you to prepare a claim, ensuring that all details are accurate and included. Once the complaint is filed, the defendant gets the opportunity to respond to your allegations.
Pre-trial Discovery, Depositions, and Motions
Your Cochran, Kroll & Associates, P.C. attorney will request documents regarding the details of the investigation and prepare interrogatories (written questions) for the defendant to respond to. Depositions will be taken (oral evidence and answers) under oath with a court reporter documenting proceedings. The defendant will do their own interrogatories and depositions.
Your attorney may file pre-trial motions to exclude evidence, clarify procedural issues and other requirements. There may be several hearings on these motions.
Your attorney will present your case in court, cross-examine and counter cross-examine witnesses, and make arguments on the merits of your case and requested compensation.
The jury will deliberate and agree on a verdict and settlement. The judgment may include a monetary award if you win the case. Depending on the complexity of the issues and the number of witnesses, the trial may take several weeks.
Post-Verdict or Appeal
Your attorney or the defendant may file post-trial motions to set aside verdicts or to appeal. Otherwise, your attorney will work with the defendant to secure compensation if the manufacturer lost the case.
Your attorney and the defendants’ attorneys may agree on a settlement amount at any stage during the pre-trial or trial period. However, you will need to agree to a settlement before it’s finalized.
Settled and Current Hernia Mesh Lawsuits/MDLs
The FDA issued a Class I recall for the Composix Kugel Patch manufactured by C.R. Bard in 2006, but most of Bard’s products remain on the market.
Johnson & Johnson’s Ethicon division issued an emergency safety alert in 2016 and withdrew its Physiomesh Flexible Composite Mesh products from the market, but other Ethicon hernia mesh products are still available. This action followed a clinical study showing a high rate of revision surgeries and the FDA warning statement.
The FDA issued Atrium Medical Corp several warning letters regarding manufacturing defects and sterility issues with the C-QUR mesh device. Manufacturing was temporarily halted in 2015 to correct these issues.
Injured patients have filed thousands of lawsuits against multiple manufacturers. Many of these lawsuits are part of federal multidistrict litigation (MDLs), which are often used to hear cases with similar injuries against the same defendant in a more efficient way. The federal courts pool cases into one pre-trial and assign it to a specific court.
An appointed MDL committee then guides the cases. Depending on the product, manufacturer, and types of injuries, you may be included in the class action or an MDL or be heard individually if there are not enough cases to warrant a class-action or MDL.
Hernia mesh lawsuit timelines can vary. CR Bard Inc settled a ten-year-long MDL in 2016 and a class-action in Canada. Another lawsuit for a similar product is currently pooled into an MDL, with several others pending against Ethicon and Atrium Medical in the federal court district of New Hampshire.
Hernia Mesh Firms
Several hernia mesh manufacturers are involved in these cases, most notably
- Ethicon (a Johnson & Johnson Company): Physiomesh Flexible Composite Mesh
- Atrium Medical Corp: C-QUR Mesh
- Bard (Bard Davol): Composix E/X Mesh, Composix LIP Mesh
- Covidien / Medtronic
What is Hernia Mesh?
Hernia mesh is a surgical product or medical device commonly used in hernia repair surgeries, in about 90% of hernia repair surgeries. In the USA, nearly a million of these surgeries are performed annually.
Hernias occur when abdominal tissues separate and abdominal organs slip through the opening. Hernias often cause lumps, pain, and sometimes obstruction.
You can develop hernias due to an injury or if a surgical incision fails to heal. To stabilize the tissue surrounding the opening and seal it up, surgeons will often use a hernia mesh. It is made of synthetic materials such as polypropylene, which may degrade after implantation.
To solve the degradation problem, Atrium Medical Corp coated their devices with Omega 3 from fish oil to stop it from adhering to other tissues. However, in addition to causing infections and allergic reactions, Omega 3 did not prevent it from sticking. Other mesh products have degraded, broken, punctured bowel and caused bowel obstruction, concomitant infections, fistulas, and repeat surgeries.
The material used for hernia mesh is similar to that used for surgical repair products such as transvaginal mesh and bladder sling devices, resulting in thousands of personal injuries from medical devices lawsuits.
Hernia Mesh Complications
Failed hernia mesh repairs with serious complications have required several additional surgeries to remove the device, repairs and reconstructions, and treatments for infections. Some cases have resulted in permanent damage or death.
Known Side Effects Include:
- Mesh migration
- Mesh shrinkage
- Tissue fusion
- Hernia recurrence
- Severe or chronic pain
- Bowel blockage
- Organ perforation
Common Injuries of Hernia Mesh Implants:
- Erosion of the implant device
- Mesh failure
- Abdominal pain
- Groin and testicular pain
- Recurrence of the hernia
Most Serious Injuries in Hernia Mesh Cases:
- Perforation of organs or tissues and organ damage
- Bowel obstruction
- Chronic pain
- Life-threatening infections
- Multiple surgeries
- Autoimmune problems
- Delayed or long-term consequences
- Wrongful death
Can I File a Hernia Mesh Lawsuit?
When determining if you can file a hernia mesh lawsuit, it is important to understand the difference between medical negligence, an unavoidable injury, or an error of judgment. To win a lawsuit, your lawyer will likely need to prove negligence on behalf of the surgeon or the product maker.
To prove negligence, your lawyer will have to show that the defendant had a duty of care, that they breached that duty, that your injury would not have occurred without the breach of duty, and that you have provable damages.
Duty of Care
You will have to prove who owed you a duty of care. In a hernia mesh lawsuit, you’ll need to show that the product maker owed a duty of care to inform doctors and patients of any potential problems.
Who Owed You a Duty of care?
In most hernia mesh lawsuit settlements, lawyers argue that the medical device manufacturers owe a duty of care to the consumers of their products, the medical professionals that use the medical device in treatment, and the facilities that purchase the medical devices.
They have a duty of care to the patient to ensure a safe product when used as intended and provide directions and adequate warnings of the potential side effects and risks.
Was That Duty of Care Breached?
Your lawyer will investigate if your doctor breached their duty of care through an incorrect diagnosis, using a faulty implant knowingly, or making a serious mistake during the surgery.
If the doctor acted in good faith, then your lawyer will likely try to show that the hernia mesh manufacturer breached their duty of care by creating a defective product or through a failure to provide adequate warning of foreseeable side-effects and complications.
Did the Breach Harm You, and Can You Prove a Causal Connection?
You have to prove the defective implant directly caused your injuries.
Can You Prove Actual Loss or Harm?
You must be able to quantify the harm suffered in hernia mesh surgery in financial terms. This may include economic damages like past and future medical bills, travel cost, and lost wages, which has no cap. Non-economic damages such as pain and suffering, mental or emotional anguish, or loss of enjoyment or loss of consortium are harder to prove.
Arrange a Free Consultation
If you or a loved one have a hernia mesh device and experienced complications, call Eileen Kroll, a nurse and personal injury trial attorney, at Cochran, Kroll & Associates, P.C. at (866) 642-4529 today. She will arrange for a free consultation to discuss your case and determine if you can move forward with a claim. All cases are handled on a contingent fee basis. We don’t get paid until you receive the compensation you deserve.
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.