Class Action Lawsuit Lawyers

Hernia Mesh Class Action Lawsuits

Hernias are very common. What shouldn’t be common is needing a revision surgery due to the impact failure or defect. If your C. R. Bard hernia mesh failed, you are entitled to compensation as you would with any other personal injury case. Many people don’t understand their rights when injured in cases like this, which is why seeking the advice of a class action lawsuit lawyer who specializes in this can be very helpful to you. Reading on, you can learn everything that you need to know about hernia mesh class action lawsuits so that you know if you have a claim for compensation.

Defects of Hernia Mesh Products

There are different defects that can occur when using the Bard mesh products for hernias. In this section, you can learn more about the different defects that could potentially happen with these devices.

Erosion and Shrinkage of the Hernia Mesh

One of the most common of the defects in these products is that they can erode as well as shrink after they were implanted. Since these devices are designed to work with the abdominal wall in order to prevent additional hernias, when they shrink this can lead to pain as it pulls on the abdominal tissue.

The hernia mesh devices from Bard are more prone to this problem due to the fact that they are manufactured using polypropylene. The problem with this type of plastic material is that it tends to deteriorate as it comes into contact with oxygen. These devices are put in areas where they are surrounded by oxygen-rich tissue, triggering this oxidation process.

As the mesh device starts to erode, it will begin the process of shrinking and shriveling up, which then tugs on the tissue the mesh was attached to. As this happens, it can lead to:

• Chronic pain
• Bleeding
• Perforated organs and muscles
• New hernias, since the mesh was supporting the abdominal tissue to heal a hernia and because it pulls away tissues to create more hernias

Fistulas, Bowel Obstruction, and Adhesion

Mesh devices can also potentially adhere to as well as combine with the sensitive tissues and organs. This is very problematic as this can lead to dangerous severe medical complications that could be life-threatening. These issues include fistulas and bowel obstructions.

The hernia mesh devices from Bard are specifically made to adhere to the patient’s abdominal wall. Thanks to the support of the mesh implant, the abdominal wall is supposed to be strong enough to avoid any hernias in the future. The goal is to create scar tissue, which grows into the porous structure of the mesh device.

The issue with this is that there is the potential for these devices to also adhere to other tissues and organs. When the mesh ends up adhering to organs that they aren’t supposed to stick to, this can lead to pretty serious issues.

These Bard devices are made with preventative measures such as forward and backward facing sides, which are there to prevent these adhesions to other organs or tissues. Unfortunately, these measures aren’t foolproof, especially when the devices erode and shrink.

When this happens, it can lead to a fistula. Issues that can arise due to this problem include:

• Reduction in mobility
• Internal bleeding
• Chronic pain
• Muscle and tissue perforation

Another more serious issue is when it adheres to the bowel, as this can lead to bowel obstruction, which is a blockage in the intestines. This can be a potentially life-threatening condition because the scar tissue caused can build up, obstructing one’s digestive flow.

Infected Mesh Devices

There has also been evidence that these devices can get infected. These devices are made to be a porous device. The problem is that the porous nature of these devices that make them so effective for hernia repair surgeries also makes them the perfect breeding ground for bacteria to grow. In cases where the hernia mesh device is not properly sterilized before use or is somehow compromised during the surgery, this can lead to infections.

Migration of the Hernia Mesh Device

There is the potential that these hernia mesh devices can migrate (move away from) the original site where they were implanted. Typically the device eroding is what can lead to this issue of migration, but this can also be caused if the means that it was attached to the abdominal wall falls off. This allows the device to migrate through the body, causing issues for the patient.

Grounds for Hernia Mesh Device Lawsuits

There are two primary grounds for the current lawsuits against Bard about their hernia mesh devices: defective design and a failure to warn about the dangers of their hernia mesh devices. This section will take a closer look at these grounds so that you can better understand them.

Design was Defective

Lawsuits claim that the design of the hernia mesh device was defective, increasingly the likelihood of the patient getting injured. Because of the defective design, patients are entitled to gain compensation for their injuries. What design defects are the issue? These are the most prevalent design issues:

• The fact that they are manufactured from polypropylene means that they are likely to erode after implantation.
• While they are meant to prevent any unwanted adhesions, they sometimes fail to adhere in other places.
• These implants are difficult to remove.
• Some of the products have “memory rings”, which can break.

In addition to the issues already discussed, these memory rings have their own issues that patients should be aware of. The so-called “memory rings” let the surgeon fold the device so that they can insert it through a small incision. These metal rings unfold to their original shape. The issue with these is that sometimes they can break after insertion. The parts that break off can both perforate and pierce the internal organs and tissues.

Failure to Sufficiently Warn Others of Dangers Associated with Using Their Products

Other lawsuits are focused on the claim that the company failed to warn both the doctors and patients of the potential risks of using their mesh devices to repair hernias. Manufacturers of implants and medical devices have a legal duty to warn doctors and patients about any risks or side effects associated with using their products. This is important because doctors rely on the information from manufacturers to offer medical advice. Surgeons rely on this information to know which devices and implants they should be using on their patients. Patients need this information in order to make an informed decision about their medical care.

However, medical device and implant manufacturers are still businesses who want to make money, which is why they may not be as forthcoming about this information as they should be. If they warn others of any dangers or risks associated with their products, they won’t sell as much, and this impacts their bottom line. That’s why medical device companies avoid properly communicating these risks.

Understanding Hernia Mesh Class Action Lawsuits

Lawsuits about hernia mesh devices are being filed against C.R. Bard and various other hernia mesh device manufacturers including Ethicon. The lawsuits allege that these companies released products that were defective and “unreasonably dangerous” into the medical device marketplace. They also allege that they didn’t adequately warn the doctors or patients about any potential side effects that may be associated with using their products.

There is some background information that is important to know about these mesh products. Over a decade ago, as early as the year 2005, a company named Chevron Phillips known for their Marlex polypropylene discovered that Bard was using their product for hernia mesh implants. The manufacturer of the Marlex polypropylene stopped selling their polypropylene to Bard because they knew that the product was not designed for this purpose. The assumption is that Chevron Phillips didn’t want to be associated with any lawsuit that would come against Bard as a result of them using their polypropylene.

Bard, who had their product already approved by the FDA, didn’t want to go through the process again and decided to find another manufacturer to get polypropylene from. This led them to purchase substandard quality polypropylene from a Chinese manufacturer. This product was even worse, as there was evidence that the hernia mesh devices manufactured from this product oxidized more quickly than the original product. These substandard hernia mesh devices were launched for sale in 2014. According to lawsuits, these newer mesh devices made from the low-quality polypropylene were more defective than the original products that they produced.

When you have a hernia repair surgery, the surgeons will start by pushing the protruding organ (which is typically the intestine) back into where it belongs. They then repair the muscle wall that is responsible for holding the organ in place. This is where they use mesh or patch devices. These devices are used to offer structural support for strengthening the muscle wall and encourages muscle regrowth around the device.

The trick is that the material used for the mesh devices is that they need to be strong enough to stay intact inside of the body without trigger a response from the immune system. In the past, these mesh devices were made from animal byproducts, which were absorbable. These were safe to use, but they didn’t offer the lasting support that one would get from the newer hernia mesh devices. The problem is that these newer devices used synthetic materials that were not compatible with the human body, leading to a whole host of issues.

Injuries Caused by Defects in Hernia Mesh Devices

Defective hernia mesh devices can cause both internal injuries and other health complications. Most commonly, these injuries include:

• Bowel obstruction
• Internal infections
• Internal pain
• Mesh detachment and/or migration
• Puncturing of the adjacent organs and tissue
• Adhesion to other tissue and organs

You may notice these injuries just a few days after the hernia repair surgery. Unfortunately, there are some injuries that you may not notice until some time after your surgery. If you are experiencing any symptoms that concern you, it’s important that you seek out medical attention as soon as possible to see if the mesh device used for your hernia repair surgery is the cause of your symptoms. 

Do You Qualify for a Hernia Mesh Class Action Lawsuit?

Another thing to take a look at is whether or not you qualify for a hernia mesh class action lawsuit. To join a class action lawsuit, the following needs to apply to your situation:

• Went through a hernia repair operation
• Had a Bard’s hernia mesh device implanted during the surgery
• Experienced a side effect or suffered an adverse reaction after the surgery
• Any medical conditions that you are suffering from were caused by the hernia mesh implant
• Suffered from injuries that are quantifiable in terms of monetary compensation

If these situations sound like you, then you can look into your rights to file for a claim to receive compensation for you. It’s also important to remember that there is a statute of limitations that needs to be considered for this case. You cannot file a claim if a specific period of time has passed.

What Compensation You Are Entitled To

Victims are entitled to compensation if they suffered damages as a result of the hernia mesh device used in the hernia repair surgery. Not only are they entitled to what’s known as “compensatory damages”, but they may also be entitled to punitive damages as well. What’s the difference between these two types of damages?

Compensatory damages are awarded to victims to compensate them for their losses in a personal injury case. These can cover both economic and non-economic damages. Economic damages refer to things like medical bills and lost wages, while non-economic damages cover pain and suffering.

Punitive damages are awarded to victims if they can prove that their injuries were the result of fraud, malice, or oppression in situations. The goal of punitive damages is to punish the wrongdoer for their part in the victim’s injuries. To prove this, you need to prove that the wrongdoer was extremely reckless or intended harm with their actions. It can be very hard to prove punitive damages, especially in a case against Bard.

The compensatory damages that you may be entitled to include:

• Current and future medical bills
• Current and future lost wages
• Reduction in earning capacity
• Physical pain
• Mental anguish
• Loss of consortium

Hiring Class Action Lawsuit Lawyers

It’s very important that you hire a class action lawsuit lawyer to fight for you during these types of cases. You are able to file a claim in a class action lawsuit without a lawyer, but that it’s an option that is typically recommended. One reason why is because class action lawsuits are still highly complex lawsuits that require a lot of knowledge and expertise to get the best possible outcomes. These are highly complex cases that require a lot more time and knowledge than you may have. That’s why you need to hire a class action lawsuit lawyer.

When you contact a class action lawsuit lawyer, they can meet with you for a no obligation consultation. From this meeting, the lawyer can look over your case to determine whether or not you have a viable claim for damages. If you do, they will begin working on your case. It’s essential that you move quickly when you are considering filing a claim because you do need to make sure that you don’t miss out on the compensation that you deserve because you missed the statute of limitations.

The lawyer will look over your medical records to determine if you have one of the hernia mesh devices that are currently a part of a class action lawsuit. If so, they will then look to make sure that you qualify for the class action lawsuit. If they determine that you qualify, they will get started as soon as possible. They can compile the right evidence and contact medical experts to look over your case, ensuring that you have the best case possible.

You should only work with a lawyer that has experience with class action lawsuits. These can be incredibly complex cases and experience can be helpful to ensuring that you get the compensation that you are entitled to. The lawyer will walk you through the process every step of the way so that you always know what to expect. They are also there to answer any questions that you may have throughout the process. You do have rights and a class action lawyer can be the best asset to have on your side every step of the way.

Contact Us Today

The Injury Firm has many years of experience in dealing with all types of personal injury cases, including class action lawsuits. Our team always has our clients’ best interests at heart, fighting to get the best possible outcomes for each case. Our knowledge and experience in these types of cases is very valuable to our clients, especially since damages can be financially, physically, and emotionally devastating. If you were injured as a result of your hernia mesh implant, contact us today to see how we can help you.