HERNIA MESH LAWSUIT
MEDICAL DEVICE & PHARMACEUTICAL INJURY
Houston Hernia Mesh Lawsuit Attorneys
Our experienced defective medical device attorneys at Reich and Binstock are currently investigating claims that certain hernia surgical mesh implants are defective and have caused serious injuries to hernia surgery patients.
Because of the litany of adverse and potentially serious side effects, patients across the country are filing lawsuits against the manufacturers of hernia mesh. The lawsuits allege the that the manufactures are liable for:
- Manufacturing a defective product
- Failing to adequately test hernia mesh
- Failing to warn the public about the risks of mesh
- Intentionally, knowingly and recklessly concealing information about the defective mesh
- Intentionally misrepresenting the quality and safety of hernia mesh
- Negligently designing and marketing unsafe hernia mesh
What Is a Hernia?
An organ or fatty tissue squeezes through a weak area in the surrounding muscle or connective tissue (fascia), causing a hernia. Inguinal (inner groin), incisional (coming from an incision), femoral (outer groin), umbilical (belly button), and hiatal hernias (upper stomach) are the most frequent.
- Inguinal hernia: The intestine or bladder protrudes through the abdominal wall or into the inguinal canal in the groin in an inguinal hernia. Inguinal hernias account for around 96 percent of all groin hernias, and the majority of them arise in males due to an inherent weakness in this region.
- Incisional hernia: The intestine pushes through the abdominal wall at the site of prior abdominal surgery in an incisional hernia. This kind is particularly frequent in older or overweight persons who have undergone stomach surgery and are now sedentary.
- Femoral hernia: The intestine enters the canal carrying the femoral artery into the upper thigh, causing a femoral hernia. Femoral hernias are more frequent in women, particularly pregnant or obese women.
- Umbilical hernia: A portion of the small intestine goes through the abdominal wall at the navel in an umbilical hernia. It is most prevalent in infants, but it can also affect obese mothers or those who have had a lot of children.
- Hiatal hernia: Hiatal hernias occur when the upper stomach squeezes through the hiatus. The hiatus in a hole in the diaphragm through which the esophagus travels.
Are Hernias Common?
In the United States, about 1 million hernia repairs are performed each year. Hernias are a very prevalent medical issue that can affect both men and women, as well as children. Internal organs or tissue protrude through the muscular wall of your abdomen, causing a hernia. It can occur when a muscle has a weak area, whether it was there at birth or as a result of tension and overexertion. You could detect a bulge or discomfort, but hernias can sometimes go unnoticed for long periods of time.
What Treatment Options Are Available for Hernias?
According to the FDA, there are both non-surgical and surgical treatment options for hernias.
- Wait and see. With this option, your doctor will monitor the hernia to ensure that it is not getting larger or causing complications. Watchful waiting is an option for people who do not have complications or symptoms with their hernias.
- Laparoscopic: The surgeon makes several small incisions in the abdomen that allow surgical tools into the openings to repair the hernia. Laparoscopic surgery can be performed with or without surgical mesh.
- Open Repair: The surgeon makes an incision near the hernia and the weak muscle area is repaired. Open repair can be done with or without surgical mesh. Open repair that uses sutures without mesh is referred to as primary closure. Primary closure is used to repair inguinal hernias in infants, small hernias, strangulated or infected hernias.
What Is Surgical Mesh?
Surgical mesh is a medical device that is used to provide weaker or injured tissue more support. The vast majority of surgical mesh devices on the market today are made of synthetic materials or animal tissue.
Knitted mesh and non-knitted sheet types of surgical mesh composed of synthetic materials are available. Absorbable, non-absorbable, or a mix of absorbable and non-absorbable synthetic materials can be utilized.
Animal-derived mesh is produced from animal tissue that has been treated and sterilized to be appropriate for use as an implanted device, such as intestine or skin. These meshes generated from animals are absorbable. Most of the tissue utilized to make these mesh implants comes from pigs or cows.
Non-absorbable mesh is considered a permanent implant since it will remain in the body forever. It’s utilized to give the repaired hernia some long-term support. Over time, absorbable mesh will deteriorate and lose strength. It is not designed to offer long-term repair site reinforcement. New tissue development is designed to add strength to the repair as the material declines.
Why Is Hernia Mesh Causing Problems?
Pain, infection, hernia recurrence, scar-like tissue that sticks tissues together, blockage of the large or small intestine, bleeding, abnormal connection between organs, intestines and vessels are the most common adverse events for all surgical repair of hernias—with or without mesh—according to FDA’s analysis of medical device adverse event reports and peer-reviewed scientific literature.
Pain, infection, hernia recurrence, adhesion, and intestinal obstruction are the most frequent side effects of mesh hernia repair. Mesh migration and mesh shrinkage (contraction) are two more possible complications that might arise after mesh hernia surgery.
Many of the FDA-reported problems associated with surgical mesh hernia repair have been linked to recalled mesh products that are no longer on the market. The most frequent problems linked with recalled mesh include pain, infection, recurrence, adhesion, blockage, and perforation. Recalled mesh devices were the leading cause of intestinal perforation and obstruction problems, according to the FDA’s review of medical adverse event data.
What is the Average Payout for a Hernia Mesh Lawsuit?
A typical settlement amount for hernia mesh litigation varies dramatically, as it does for many medical malpractice or product liability cases. The average compensation for faulty hernia mesh is influenced by a number of factors. The type of hernia mesh used in the repair operation, as well as whether or not the product was recalled by the FDA or the manufacturer, are some of these considerations. Below, we list other key factors which impact hernia mesh lawsuit settlement amounts.
- Severity and extent of the injuries
- How those injuries impacted the victim’s quality of life
- Economic impact of medical bills, surgeries, lab tests, and other related expenses
- Degree to which the victim’s ability to work suffered or will suffer
- Amount of current and future lost income
- Whether the lawsuit is individual or collective
The amount you receive in a hernia mesh lawsuit settlement is determined by the unique circumstances of your case, such as your medical bills. Of course, chatting with a reputable hernia mesh lawyer can help you have a better idea of what to expect. An examination of previous settlements in the United States, on the other hand, indicates how much you may get in a hernia mesh claim. If you settle a failed mesh case, you may get anything from $3,000 to $1 million, according to prior settlements. Previous hernia mesh lawsuit payouts ranged from $40,000 to $60,000 for each plaintiff.
Is Hernia Mesh Safe in 2021?
According to the FDA, less than 10% of inguinal groin hernias were treated without mesh before the turn of the century. Over three-quarters of the million repairs performed in the United States each year are for inguinal groin hernias.
Furthermore, medical scientific data research has confirmed that mesh used for hernia repair increases the likelihood of the wound not reopening. Given this information, it’s worth noting that the FDA admits a number of adverse medical occurrences connected to hernia mesh in the past, but that many of these were tied to devices that have since been recalled.
So, following a careful risk-benefit review with your treating physician, hernia mesh repair can be a safe procedure. There are also additional dynamics to consider in terms of your own health and aggravating issues before restoration.
How Many Hernia Mesh Lawsuits are There?
As of 2021, there are three federal hernia mesh MDLs with a total of more than 17,000 lawsuits. Each one is suing a different medical equipment company. While thousands of hernia mesh lawsuit cases have already settled, thousands more still wait.
Is it Too Late to File a Hernia Mesh Lawsuit?
The statute of limitations for filing a hernia mesh claim for compensation varies by state. In most state courts, the victims (“plaintiffs”) have just a year or two to file a lawsuit after discovering their hernia mesh damage. In Texas, the statute of limitations for filing a hernia mesh lawsuit is 2 years after the day that the harm occurred.
Have Any Hernia Mesh Product Recalls Been Issued?
Between February 2005 and February 2019, the FDA recalled over 211,000 hernia mesh units. Patients experienced hernia mesh injuries, the mesh product had a high failure rate, or the packaging was insufficient and created a danger of damage, prompting the recalls.
For more than a half-dozen products, the bulk of hernia mesh damage claims have been filed against four manufacturers — Atrium, Bard, Covidien, and Ethicon – and have been successful. A jury concluded that Bard’s hernia mesh product caused the plaintiff’s injuries in a 2010 case and awarded a $1.5 million judgement. Bard agreed to a $184 million settlement with more than 2,000 other claimants as a consequence of the case. There are likely to be a slew of further settlements and judgements in plaintiffs’ favor. Unfortunately, many cases were paused or delayed due to restricted court access during COVID-19.
Am I Eligible for a Hernia Mesh Lawsuit?
If you underwent hernia mesh surgery and had significant problems, you may be qualified to bring a hernia mesh lawsuit, especially if the mesh was manufactured by Ethicon, Atrium, or Bard Davol. There are a few fundamental conditions for eligibility, which vary depending on the patient or legal firm taking cases. We list the most common eligibility requirements below.
- Hernia repair surgery for the first time with mesh on or after January 1st, 2006
- More than 30 days after surgery, suffered significant injuries such as adhesions, hernia recurrence, intestinal obstruction, mesh migration, organ perforation, or infection
- Hernia revision surgery or additional surgery due to complications
- Additional surgery scheduled due to complications
- Surgeon recommended additional surgery due to complications
- A medical professional advised that you need surgery due to complications, but cannot have it because of medical issues
Houston Hernia Mesh Lawyers
If you or someone you know has suffered health issues as a result of hernia mesh, call us at at 713-622-7271 or fill out our contact form below for a free and confidential consultation about your legal options. From our office in Houston, we represent clients nationwide who have been injured by defective medical devices, including hernia mesh.
There is a never a fee unless we recover on your behalf.