Hernia mesh injuries: frequently asked questions

Surgical mesh is a sheet of loosely woven material used to provide permanent or temporary support for organs and tissues that are being repaired or reconstructed. The most common surgical application today is inguinal hernia surgery; however, surgical mesh is also employed in other types of hernia repair as well as reconstructive surgery such as pelvic organ prolapse (POP) or for the treatment of stress incontinence. But hernia mesh may come with side effects.

Hernia mesh has been in use for decades, but some patients say that they have suffered serious complications from certain types of mesh. Additionally, some hernia mesh products have been recalled from the market after widespread complications were reported.

Further, an alternative to mesh exists. The Shouldice hernia repair method was developed in the late 1940s at a Canadian hospital. This method uses the patient’s own natural tissues, has no serious complications, and boasts a success rate of over 99 percent. Hernia patients who have concerns about the dangers of surgical mesh should ask their doctor about this alternative; however, some hernia mesh lawsuits allege that patients were not given the option.

What are hernia mesh complications?

The mesh used for surgical repairs has been implicated in serious injuries, raising questions of what medical device manufacturers knew, or should have known, about possible dangers and complications.

Although hernia mesh is used in approximately 90% of all hernia repair surgery, adverse event reports received by the U.S. Food and Drug Administration (FDA) indicate links between the use of surgical mesh and the following complications:

• Abnormal bleeding
• Adhesion (abnormal tissue bonding)
• Blockage of the bowel or intestines
• Contraction (the mesh shrinks)
• Fistula (abnormal connections between organs and/or blood vessels)
• Hernia recurrence
• Infection
• Migration (the mesh falls out of place)
• Organ perforation
• Seroma (fluid buildup at the surgical site)

Any of these complications can cause severe, debilitating pain and additional health problems which may or may not be correctable with revision surgery.

An investigation appearing in the British Medical Journal in September of 2018 indicates that mesh complications have affected as many as 170,000 in the UK out of a total of 570,000 hernia mesh operations performed over a six-year period. If that figure is any indication, it means that the rate of complication could be as high as 30%.

Can I file a hernia mesh lawsuit?

Patients and their loved ones who experienced complications after being implanted with hernia mesh may be able to take legal action to compensate them for their injuries. If the mesh used in their surgery was defective or falsely marketed, the manufacturer may be held accountable for any damages the product caused.

What damages can I expect from a hernia mesh lawsuit settlement?

Damages for hernia mesh injuries can include the following:

• Pain and suffering
• Medical expenses
• Lost wages from missing work
• Punitive damages against the manufacturer

A hernia mesh lawsuit can also result in damages related to future losses, such as expected treatment, surgery or recovery, as well as loss of enjoyment of life.

Reportedly, one hernia mesh injury lawsuit filed against C.R. Bard resulted in $1.5 million in damages in a Rhode Island court.

Other mesh lawsuit verdicts have amounted to much more. In a 2017 lawsuit, Ethicon was reportedly slammed with a $20 million verdict over allegations that its mesh was defective. Johnson & Johnson has reportedly paid $120 million in settlements over allegations one of its transvaginal mesh products were defective.

What Is the average settlement for a hernia mesh lawsuit?

Exact hernia mesh lawsuit settlement amounts vary, but manufacturers have reportedly paid over $1 billion to end hernia mesh injury claims so far. For example, Boston Scientific agreed to pay $189 million in a settlement with the United States in March. Plaintiffs in civil lawsuits may be able to recover their own compensation.

The average settlement for hernia mesh lawsuit claims will depend on a number of factors, according to legal experts, such as the type of mesh used, whether it was subject to a recall, the injuries it caused and associated medical costs and any long lasting damage suffered by the patient.

Currently, most hernia mesh injury claims are organized under two separate sets of multidistrict litigation (MDL).

Has there been a recall on hernia mesh?

Many of the products associated with hernia mesh injuries have been taken off of the market, according to the FDA. A recall on hernia mesh has been issued for products made by Atrium Medical, Bard Davol and Ethicon.

Is there a hernia mesh recall list?

The Food and Drug Administration keeps a record of all recalled hernia mesh. Currently, the hernia mesh recall list includes the following products:

• Gentrix Surgical Matrix
• Atrium Medical C-QUR Mesh
• Parietex Composite Parastomal Mesh
• Bard Composix Kuegel Hernia Patch
• Ethicon Proceed Surgical Mesh

Filing a hernia mesh lawsuit

If you or someone you love has suffered from complications after receiving a hernia mesh implant, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by mesh problems, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages and more.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation and maximize your potential compensation.