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Mass Tort Attorneys

Mass Tort - Hernia Mesh

Sadly, some businesses neglect their responsibility to keep all customers safe every year, and it leads to mass tort cases. More recently, it has been hernia mesh in the news. If you’ve been injured by one of the many hernia mesh defects, it’s time to contact The Injury Firm and start on the path towards the compensation that you deserve.

If you have suffered any injuries as a result of hernia mesh, know that plenty before you have filed a personal injury claim and received compensation they deserved. With the right hernia mesh lawsuit, we can file for product liability and hold the manufacturers responsible for their negligence. 

The Hernia Mesh Problem

If you’ve ever suffered a hernia, you’ll know the pain that accompanies the issue. For those unaware, a hernia is where an organ pushes through a small hole in the connective tissue or muscle. Although they can happen anywhere in the body, it’s normally the abdomen and typically the intestine that pushes through a perforation in the muscle.

Medical professionals face the difficult task of putting the organ back to its original location and then repairing the muscle wall. According to some studies, as many as nine in every ten cases use mesh, a material that is implanted by the surgeon to provide structural support.

Containing biological materials, the product strengthens the muscle wall and encourages connective tissue to grow effectively. After either open surgery or a non-invasive laparoscopy, the muscle actually grows around the mesh. Therefore, it makes sense that these surgical devices need to exist inside the body without causing harm. They need to stay strong to help muscle and tissue growth while not forcing the immune system to respond.

Initially, the most common solution was a temporary product made from the byproducts of animals. Over time, the body would absorb the mesh and patients could get on with their life. Unfortunately, the abdominal wall support was lacking in many cases and the patient would experience another issue soon after.

Then, scientists started to work on a permanent mesh device, and this led to the current mesh implants. Made using a type of plastic, experts thought that a special coating would allow the body and the implant to co-exist healthily. Sadly, the hernia mesh lawsuits around the country show that these implants haven’t been as successful as first thought.

 

Common Side Effects from Hernia Mesh Defects

Over time, many patients with hernia mesh experienced pain that eventually required further surgery, caused infections, or led to other problems. The FDA (Food and Drug Administration) received reports of:

  • Hernia recurrence
  • Pain
  • Allergic reactions
  • Adhesion
  • Infection
  • Mesh migration
  • Intestine obstruction

Some thought that the response from the FDA was too slow, but it eventually issued safety warnings for certain products and even had some products recalled. The damage was already done for some patients, and they’re now filing product liability claims for compensation against these hernia mesh defects.

Defective Products

Shockingly, four different products have caused problems of this nature (hence the mass tort cases against the respective companies). Here are the four under-fire products:

  • Atrium C-QUR Hernia Mesh - Made by Atrium Medical Corporation, the product got clearance from the FDA in 2006 and was available for seven years before the recall. Many surgeons started to avoid using the product after allergic reactions, bowel obstructions, infections, and other problems.
  • Ethicon Physiomesh - Receiving clearance from the FDA as late as April 2010, this subsidiary of Johnson & Johnson wasn’t required to undergo clinical trials or a full FDA review before entering the market. After less than six years, the product was recalled by Johnson & Johnson after identifying a much higher failure rate in an unpublished study compared to competing products.
  • CR Bard Hernia Mesh - CR Bard has developed dozens of hernia mesh products over the years, and this includes Ventrio, SepraMesh, PerFix Plug, Composix E/X Mesh, Marlex, Kugel, Ventralex, and Bard 3D Max. Despite their differences, they all use Marlex HGX-030-01, a material with an MSDS warning from the manufacturer. In other words, it shouldn’t be used in permanent products. The manufacturer of the material knew that it could break down inside the body, but CR Bard seemed to ignore the warning.
  • Covidien Parietex Mesh - In 1999, Covidien (or Medtronic) started working on its product and said that the special polyester in the Parietex Mesh made it the best solution around. In 2017, it was finally tested on rats by researchers and complications arose quite quickly. Although the FDA hasn’t recalled Covidien products, it is monitoring the situation.

Existing Hernia Mesh Lawsuits

If you have experienced bowel obstruction, mesh migration, adhesion, mesh contraction, infection, hernia recurrence, pain, or any other side effects after a hernia mesh operation, you could make a personal injury claim today as part of a product liability case mass tort.
CONTACT THE INJURY FIRM TODAY - FREE CASE EVALUATION
954-951-0000

 

In 2011, CR Bard settled over 2,000 cases and paid $184 million to these individuals. However, thousands of cases are still unsettled, and you still have an opportunity to claim against the aforementioned manufacturers and companies.

While the COVID-19 global pandemic slowed legal proceedings somewhat, the bellwether trial for more recent cases is set to take place in 2021. If we use the 2011 case as an example, over 2,000 cases were settled for $184 million. Though it averaged around $70,000 per person, the amount was actually apportioned based on the seriousness of each case. Therefore, those with more serious side effects and damages received a larger compensation amount.

Filing a Mass Tort Lawsuit

Ultimately, the amount you receive from a product liability case after a hernia mesh defect all depends on the damages you experienced. First things first, you’ll qualify as long as you had hernia repair surgery and received a hernia mesh device as part of the surgery. Of course, you also need to have experienced side effects from the hernia mesh. Common side effects include mesh migration, pain, infection, and bowel blockage.

Since so many people have suffered from these products, your own hernia mesh lawsuit will likely now contribute to a much larger mass tort. What does this mean? Well, your case will be filed alongside hundreds of others against the manufacturer. The difference between a mass tort and a class-action lawsuit is that the former allows plaintiffs to share resources. For example, an expert witness statement can be used by all plaintiffs (this saves time and money for all parties).

Despite being part of a mass tort, The Injury Firm will still have a chance to present your case and ensure that you get the right compensation for your damages. Every victim experiences a unique set of circumstances, and a mass tort allows each plaintiff to present their case individually.

Before you miss your chance to make an injury claim after mesh implants, contact the resourceful personal injury team at The Injury Firm. You can tell us all about your case during the free consultation. If we take it on, we’ll gather evidence, build a strong case, and file as part of the ongoing mass tort.

If you’ve suffered any side effects or complications after surgery involving hernia mesh, get the legal protection you need today. Just because you’re facing a huge company, this doesn’t mean you don’t deserve compensation for damages (medical bills, lost wages, pain and suffering, and others).

PRIMARY OFFICE
The Injury Firm

1608 East Commercial Blvd. 
Ft. Lauderdale, FL 33334

Phone (954) 951-0000
Fax: (954) 951-1000

 


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