Brigette Honaker  |  August 4, 2022

Category: Legal News

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Man with stomach pain

Assuming that complications do not arise, hernia mesh repair implants are intended to be permanent. However, people who are injured from hernia mesh implant side effects call their safety into question.

What is hernia mesh repair?

A hernia occurs when a part of the abdomen weakens, allowing abdominal organs to push through. This may result in a visible bulge in the affected area.

Hernias can occur in the groin (femoral or inguinal), upper stomach (hiatal), belly button (umbilical), or in the site of a surgical scar (incisional). Between 75 and 80% of hernias are inguinal or femoral, 2% are incisional, 3 to 10% are umbilical, and 1 to 3% are any other type of hernia.

Hernias can be caused by numerous activities or medical problems including constipation, persistent cough, cystic fibrosis, enlarged prostate, straining during urination, being overweight, excess abdominal fluid, lifting heavy items incorrectly, peritoneal dialysis, poor nutrition, smoking, physical exertion, and undescended testicles.

Many people may notice they have a hernia when they feel a lump or bulge that can be pushed “back in” to the abdomen. The bulge may also disappear when lying down. Often times, hernias are most noticeable after laughing, crying, coughing, straining while on the toilet, or doing other physical activity.

Symptoms of a hernia include increased pain at the site, pain while lifting, a dull ache in the impacted area, signs of bowel obstruction, and more. Symptoms will often depend on the hernia’s size and severity.

Hernia repair

Regardless of the cause, a hernia can usually be repaired fairly simply. Some hernias do not need immediate surgery. Inguinal hernias often do not require surgery, with most repairs of these hernias being elective.

Generally, if a patient is not experiencing complications or severe symptoms, surgery is not worth the risk. However, if tissue becomes trapped in the abdominal wall (incarceration) or if blood supply is cut off (strangulation), a doctor may recommend immediate hernia surgery to protect the health of internal organs.

During surgery, a doctor may repair the abdominal wall using sutures or a mesh product. Smaller hernias may be able to be fully resolved through stitches, but larger hernias may need mesh to “patch” the hole in the abdominal wall. There are countless hernia repair mesh products available for use and the choice is up to the surgeon. Hernia repair surgery can be done through a large incision in the abdomen (open surgery) or through laparoscopic means.

How long does a hernia mesh repair last?

Hernia mesh implants are supposed to be permanent, according to the U.S. Food and Drug Administration (FDA). “Non-absorbable mesh will remain in the body indefinitely and is considered a permanent implant,” the FDA states.

There are absorbable mesh products that are not designed to provide long term repair to a hernia. Over time, these mesh products will degrade and lose strength. Instead of permanently supporting a hernia with mesh, these implants aim to encourage new tissue growth, which will then serve to reinforce the hernia repair.

Surgical mesh is reportedly shown to improve outcomes and reduce the risk of recurrence, but it may still happen. Hernias naturally have a high rate of recurrence, meaning that a patient may get another hernia in the same area even if the hernia repair mesh is successful at patching the abdominal wall or hernia site.

The life of a hernia mesh implant may also be cut short if a mesh product is defective, like those that have been recalled, or if a patient suffers complications.

What are hernia mesh complications?

Woman recovering from surgeryMesh complications can take many forms and may be caused by several factors.

Hernia recurrence is the most common hernia complication, according to a study published in RadioGraphics journal. Whether from the weakening of surrounding muscles or other factors, hernia recurrence happens when a weakness in the repaired area results in another hernia – sometimes in the exact same place.

In cases with mesh placement, the rate of hernia recurrence ranges from 7.5% to 10%, depending on how the repair surgery is done. Although this is lower than the non-mesh repair recurrence rate of up to 30%, the rate of recurrence is still significant.

Fluid collection is reportedly a frequent complication following hernia repair – particularly after hernia mesh repair. Both seromas (collections of serous fluid) and hematomas (collections of blood) are possible.

Infection is another potential complication following hernia mesh repair. According to the RadioGraphics study, infected fluid collection occurs in between 1% and 5% of hernia patients. Infections can be superficial or deep and usually develop after a week or so following surgery.

Other common hernia mesh complications include:

  • Pain
  • Adhesion (scar-like tissue that fuses tissues together)
  • Obstruction (intestinal blockage)
  • Bleeding
  • Fistulas (abnormal connections between organs, vessels, or intestines)
  • Perforation (hole in tissues or organs)
  • Contraction (mesh shrinkage)
  • Mesh migration

Depending on the mesh coating, the body may also reject the hernia mesh product. Although most of these complications are not life-threatening with prompt medical treatment, they can cause significant pain and costly medical treatment. In many cases, hernia mesh complications will require revision surgery. This means that surgery will be necessary to remove the failed mesh and potentially replace it, which can be complicated by mesh migration.

Unfortunately, revision surgery may not always fix the issue — and revision surgery comes with its own risks.

Some damage resulting from hernia mesh complications, especially issues like adhesion, may be permanent.

According to the FDA, some complications may be related to a defective surgical mesh product that was recalled. Recalled mesh products, like Ethicon’s voluntary recall of their Physiomesh, are most often associated with pain, infection, recurrence, adhesion, obstruction, and perforation, according to the agency.

Can I take legal action if my hernia mesh failed?

Some hernia mesh failures, such as a genuine hernia recurrence, cannot be avoided. However, manufacturers may be held liable for failure due to defective repair products. A lawsuit against the manufacturer can help consumers recover compensation for their pain and suffering, physical injuries, and monetary damages caused by a hernia mesh complication and related treatment. Consumers could even collect benefits for lost wages if their complications landed them in the hospital or unable to work for an extended period of time.

If you suffered from hernia mesh complications after a hernia repair, you may be eligible to take legal action against the mesh manufacturer. Even if the mesh was not recalled, consumers may be entitled to compensation. Consulting with a qualified hernia mesh attorney can help determine your eligibility. Top Class Actions has laid the groundwork by connecting you with an experienced attorney, as pursuing litigation can be a daunting prospect.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The hernia mesh attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, hernia mesh lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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