Hernia Mesh Lawsuit: New Settlement Updates (2023)

Were you surgically implanted with a hernia mesh product but are experiencing complications?

Thousands of people are suing the manufacturers for defective designs and failure to warn patients about risks. Many hernia mesh lawsuits are part of the federal Bard hernia mesh MDL (multi-district litigation).

Were you or someone you love injured by a hernia mesh device? Contact our personal injury attorneys at Rosenfeld Injury Lawyers, LLC today! At no cost or obligation - your hernia mesh attorney will get started on your case immediately if it makes sense to do so.

The defective medical device attorneys from our law offices can help answer your questions about your case and discuss whether filing a lawsuit is right for you. Call our hernia mesh lawyers at (888) 424-5757 (toll-free phone call) or use the contact form today to schedule a free consultation.

Hernia Mesh Defect Attorneys for People with Medical Complications

A mesh implant could cause painful complications and side effects.

The Federal Drug Administration (FDA) has issued multiple warnings about the risks of these medical devices. In 2016, they issued a voluntary recall on transvaginal meshes manufactured by Johnson & Johnson subsidiary Ethicon because of safety concerns. Yet, hernia mesh products are still being used today, and thousands more patients continue to suffer.

You might be able to bring a hernia mesh lawsuit against the company that made your defective hernia mesh device implant if you experience complications or side effects due to its use.

There is currently a hernia mesh lawsuit MDL (Multidistrict Litigation) pending against multiple manufacturers. These cases potentially lead to settlements for victims who file lawsuits before specific deadlines after the hernia repair surgery.

Femoral Hernias

Femoral hernias occur when a part of the intestine slides into the upper thigh through a weakness in the abdominal wall. This type of hernia is more common in women than men and is most likely to occur after 40.

A femoral hernia can cause pain and inflammation in the upper thigh or groin. Sometimes, the hernia might cause pain and swell in a male's scrotum.

Hernia surgery is typically recommended to fix a femoral hernia.

Laparoscopic hernia repair surgery is the most common type to fix a femoral hernia. The surgeon makes several small incisions in the abdominal wall during this procedure and inserts a laparoscopic camera to see inside the core.

Incisional Hernias

An incisional hernia occurs when an organ or tissue protrudes through a surgical incision in the abdomen that has not yet healed. This type of hernia is relatively common, occurring in up to 20 percent of people undergoing abdominal surgery.

Incisional hernias often occur because the person is obese, putting added pressure on the surgical incision, making it more likely to break open and cause a hernia. In addition to hernias, people who are obese are also more likely to develop other health problems, such as diabetes and heart disease.

Incisional hernias can cause pain and inflammation at the site of the surgery. In some cases, the hernia might cause a bulge under the skin that is visible.

Like most abdominal hernias, incisional hernias often require surgery to correct the problem. Laparoscopic surgery is typically used to fix an incisional hernia.

Inguinal Hernias

Inguinal hernias occur when a weakness in the abdominal wall allows tissue to push through, leading to a bulge under the skin on either side of the pubic bone.

Most inguinal (groin) hernias occur in men and are caused by an opening in the abdominal muscles that allows part of the intestine to protrude. This opening is present at birth but may not cause a hernia until years later.

The most common site for an inguinal hernia in women is near the navel.

Laparoscopic Hernia Repair

A laparoscopic mesh repair is a minimally invasive surgical procedure to fix a hole in the abdominal wall. The surgery is done through several tiny incisions in the abdomen and requires only general anesthesia.

A surgeon inserts a small camera, a laparoscope, into one incision to see inside the abdomen. Measures are taken to prevent the hernia from recurring, such as placing hernia mesh devices over the hole in the abdominal wall.

Hernia mesh implants are often done outpatient, which means the patient can go home the same day. Recovery time is usually short; most people can return to work and their normal activities within a week.

Chicago Hernia Mesh Attorneys

The hernia mesh lawyers at Rosenfeld Injury Lawyers, LLC, currently accept cases involving injured clients after hernia surgery. Contact our product liability lawyers today for a free case evaluation so you can file a hernia mesh claim.

The Dangers of Hernia Mesh Products on the Abdominal Wall

Since the 1980s, hernia mesh has been routinely used to repair hernias surgically, but medical device manufacturers have long known their dangers.

The polypropylene used in manufacturing many popular hernia mesh implants has been linked to complications and erosion that contribute to internal bleeding and the need for hernia revision surgery.

The failure rate for hernia mesh is significantly higher than was expected when the FDA first approved these medical devices. As a result, patients with these hernia surgical mesh implants often experience one or more severe side effects such as bowel obstruction, infection, chronic pain, scar tissue, and even organ damage.

The FDA has directly recalled or called on the company to voluntarily recall some polypropylene mesh medical devices from the market. Also, personal injury and product liability attorneys across the US have filed thousands of hernia mesh lawsuits due to defective designs and faulty device materials.

Hernia Mesh Injuries Are Leading to Lawsuits Across the United States

Legal claims are currently being filed against numerous polypropylene mesh device makers for failing to warn patients and doctors of the health risks associated with defective hernia mesh products.

If you developed a severe hernia mesh injury or your loved one died from abdominal wall mesh complications, contact an experienced hernia mesh lawyer at Rosenfeld Injury Lawyers, LLC (888-424-5757) to discuss your legal options.

A top hernia mesh lawyer can evaluate if you qualify for a hernia mesh lawsuit to receive significant financial compensation for your defective mesh injuries.

Our law group has helped many personal injury clients win the financial recovery they deserve for lost wages, mental anguish, pain and suffering, and past/future medical expenses related to the negligence of others.

It is critical to take legal action and file a hernia mesh lawsuit before your state statute of limitations expires. Contact a defective mesh device lawyer for a free case evaluation.

When Hernia Revision Surgery Is Necessary

Hernias are often detected when the stomach, intestines, or other organ protrudes through the abdominal muscle wall. Other procedures include surgical repair for pelvic organ prolapse, abdominal hernias, inguinal (groin) hernias, and complications involving stress urinary incontinence.

Surgeons had previously sewed the torn area back together through extensive corrective surgery. However, the abdomen might weaken after the simple hernia mesh repair and cause a more significant rip in the same location.

The recurrence of a torn abdominal muscle and peritoneum (the connective tissue lining of the abdomen) could cause a small hernia with an intestinal bulge to develop into a large hernia where loops of the intestine are pushed through the muscle.

In addition, in some severe hernia mesh cases, the intestines would become pinched in the muscle wall (strangulated hernia).

When Are Hernia Meshes Used?

When surgery is necessary, a doctor might recommend one of several procedures depending on the patient's health and the severity of the abdominal tear:

• Laparoscopy
• Open hernia mesh repair surgery

These repairs are not performed in hiatal hernia surgeries when a thin muscle separates the abdomen connective muscle and tissue from the chest.

The Risk of Severe Hernia Mesh Complications

There are still significant problems with choosing the wrong surgical approach. For example, using an implanted mesh device known to be defective in some patients can prove devastating to those who suffer severe side effects after the operation.

The FDA has received many reports of severe complications and adverse events from patients who have undergone hernia recurrence repairs using surgical mesh.

As a result, the agency has either recalled some mesh medical devices directly or encouraged medical device manufacturers to pull their defective mesh devices voluntarily.

What Are the Possible Medical Complications With Mesh Products?

Many physicians promote using mesh to repair some hernias because of the quick results and shorter recovery time than other surgical techniques.

According to a 2018 article in the Journal of the American Medical Association (JAMA), surgeons use a prosthetic mesh on nearly 200,000 patients undergoing elective incisional hernia repair every year.

Common Symptoms of a Defective Mesh Device

Experiencing any of the following symptoms after surgery might require immediate medical attention:

• Abdominal pain
• Fever
• Blood in the stool
• Difficulty urinating
• Organ damage
• Constipation
• Urinary tract infection
• Wound drainage
• Rash or swelling at the surgical site

If you feel that you have experienced adverse effects due to a mesh failure, your first step should be to consult your doctor. You may also want to file a report with the FDA's MedWatch Safety Information and Adverse Event Reporting program.

Risks of Hernia Meshes Causing Severe Side Effects

Unfortunately, the sutures or mesh products can shrink or move over time, leading to severe health problems like bowel obstruction or bowel perforation and severe injuries requiring revision surgery.

Significant abdominal hernia mesh failure issues have occurred with the polypropylene coating used to make hernia injury repair devices. The issues can be especially hazardous if the mesh perforates organs, tissue, veins, or arteries and leads to sepsis (a life-threatening blood infection).

In other cases, the device degrades and can cause severe hernia mesh complications and immune responses. In addition, biological hernia mesh implants and polypropylene fibers can become entwined in the body's organs, such as the testes and spermatic cord, and cause severe injuries and even lasting disability.

It is nearly impossible for a surgeon to extract the mesh. As a result, patients require multiple revision surgeries for hernia recurrence problems after years of constant and never-ending pain.

Hernia Mesh Brands Have Been Recalled

The Food and Drug Administration (FDA) has recalled numerous hernia mesh brands, including Atrium Medical, C.R. Bard Davol, and Ethicon.

These major medical device companies have pulled over 200,000 hernia mesh devices from the medical marketplace starting in 2005.

Hernia Meshes Can Cause Pain Years Later

Many patients who have undergone a hernia mesh surgery have reported severe pain, hernia recurrence, abdominal pain, and hernia mesh repair device failure. Nearly any symptoms associated with mesh can develop weeks, months, or years later.

Immediate medical attention is required in severe hernia mesh claims. If the device erodes, mesh migration could be deadly without a doctor's corrective surgery.

Common complications often requiring revision surgical repair associated with a defective hernia mesh product include:

• Adhesion, where the mesh adheres to internal tissue (often involving coated meshes)
• Fever, infection, discomfort, and nausea are all possible consequences of the erosion of the mesh implant device
• Pain from adhesion to the abdomen muscles, or by intestinal obstruction, nerve damage, and infection
• Bowel obstruction after the mesh migrates or adheres to tissue
• Long-lasting infections that could lead to sepsis
• Organ or tissue perforation as the device shrinks, moves (migrates), or erodes
• Seromas occur when fluid collects under the skin's surface
• Chronic intense pain and ensuing inflammation
• Mesh device failure
• Hernia recurrence requiring revision intraperitoneal or inguinal hernia surgical repair
• Groin and testicular pain
• Cancer from infected mesh material
• Pain and discomfort

Medical Device Manufacturers: Hernia Mesh Patches

The leading makers of hernia mesh patches and devices that have sold their products in the United States include:

• Atrium Medical Corp Mesh Devices
• Atrium Medical Corp C QUR Hernia Mesh
• C.R. Bard Hernia Mesh (Kugel Mesh, Ventralight ST, and Perfix Plug)
• OnFlex Mesh
• Ventrio Patch Hernia Repair Mesh Product
• Ventrio ST Patch
• Ventralex Surgical Mesh Patch
• Parastomal Patch
• Modified Kugel Mesh Hernia Patch
• Composix Kugel Hernia Mesh Patch
• Bard® Composix® Kugel Mesh® Extra Large Oval
• Bard® Composix® Kugel Mesh® Large Circle
• Johnson & Johnson (Ethicon Physiomesh)
• Proceed Hernia Surgical Mesh
• Ethicon Physiomesh Flexible Composite
• PVP Hernia Devices
• Ultrapro Hernia Plugs
• Ultrapro System Surgical Mesh
• Partially Observable Ultrapro Mesh
• Medtronic (parietex composite)
• Ventralex hernia mesh ST patch
• Ventralex hernia mesh (self-expanding)

Which Defective Devices Have Been the Subject of Hernia Mesh Recalls and FDA Actions?

The Food and Drug Administration and mesh device manufacturers have recalled numerous defective mesh products. In 2016, Johnson & Johnson subsidiary Ethicon, Inc launched its Physiomesh Flexible Composite Mesh, used in laparoscopic hernia repairs.

Since then, there has been an unacceptable increase in life-threatening hernia mesh complications in patients who had this device implanted, many of whom required additional revision surgeries to correct the problem. As a result, Atrium Medical Corp sold its Atrium C QUR Hernia Mesh between 2006 and 2015.

A few years ago, the Federal Drug Administration regulators forced the Atrium manufacturing facility to shut down under a court order, noting the company's repeated failures to correct major sterilization problems that compromised patient safety.

While Atrium's recalled defective mesh implants are off the market, many patients who underwent hernia mesh implant surgery still have the company's implanted devices. Hernia mesh recalls included Vpatch, FXpatch, Mosaic Mesh, Texshield, and Film Mesh implants due to bowel perforation, deterioration and other health problems.

As a result, manufacturers of polypropylene hernia mesh may face years of lawsuits and serious legal liability.

Hernia Mesh MDLs (Multi-District Litigation)

Hernia mesh manufacturers are currently facing several legal problems in the United States. These include Bard hernia mesh MDL (multi-district litigation), surgical hernia mesh class action lawsuits, individual medical malpractice lawsuits, and product liability cases.

A hernia mesh class-action suit is a type of hernia mesh lawsuit in which a group of people with similar claims join to file a lawsuit. Class actions make it easier to file hernia mesh litigation for thousands or hundreds of thousands of injured victims.

However, setting up a hernia mesh class-action lawsuit is not the best option to ensure injured patients receive the compensation they deserve, especially when so many victims have varying levels of harm.

Instead, the court might handle many similar cases through hernia mess MDL (multi-district litigation). This type of hernia mesh lawsuit involves similar cases consolidated in one court. The method helps to save time once the first bellwethWhat Financial Payouts Have Resulted from Hernia Mesh Lawsuits?er cases have been completed.

More than 16,000 pending cases have been filed involving allegedly defective mesh devices and thousands of patients claiming injuries.

Bellwether Cases

A bellwether case is a type of hernia mesh MDL lawsuit used to help predict the outcome of similar lawsuits.It is done by choosing a few representative cases to go to trial first. The hope is that these cases will set a precedent for other hernia mesh cases.

Bellwether cases are practical because they can help to speed up the process, save money, and help to ensure that all victims receive similar compensation for their severe injuries in their negotiated hernia mesh settlement or trial.

Therefore, the first few bellwether cases in the hernia mesh MDL are significant. These cases will set the tone for how the rest of the hernia mesh litigation will play out.

Hernia Mesh Settlement Amounts

So far, there have been a few bellwether cases against hernia mesh manufacturers. In one case, the jury found that Atrium Medical Corporation's C-QUR mesh was defective and ordered the company to pay $1.6 million in damages.

The award is a significant amount of money, but it is essential to remember that this is just one case and does not necessarily mean that all hernia mesh victims will receive this much money.

The case is still in the appeals process, so the final amount that Atrium will have to pay for its defective hernia mesh devices is still unknown.

It is crucial to speak with a hernia mesh law firm to determine how much you could receive in compensation based on past hernia mesh lawsuit settlements.

Recently Resolved Hernia Mesh Lawsuits

Many attorneys resolving hernia mesh lawsuits claim that the medical device manufacturer knew their products were defective and continued to market them as safe. Hernia mesh settlement amounts have been substantial.

Johnson & Johnson and its subsidiary Ethicon, Inc. have recently agreed to settle more than 1,000 hernia mesh lawsuits. Typically, the hernia mesh settlement terms are confidential, so it is unknown how much each victim will receive.

Updated Information

The case settlements below are just a small sampling of recently resolved Bard hernia mesh lawsuits. Many more cases involving defective hernia mesh products are still pending.

• August 2022 - A Bristol County, Rhode Island Superior Court jury awarded a Hawaii municipal employee $4.8 million after finding Bard failed to warn the patient there was a defect in the Davol hernia mesh kit he had received years ago that led to his injuries.
• June 2022 - Florida Bard Hernia Mesh MDL plaintiffs responded to the latest defense motion before the judge asked for a docket control order, hoping to have a "de facto" summary judgment. The hernia mesh plaintiffs stated that the unprecedented move would burden all future victims with pending cases. A decision is expected in a few weeks.
• May 2022 - C.R. Bard Bellwether Trial - Florida - Jurors awarded the plaintiff $250,000 in the nation's second bellwether hernia mesh trial involving the mesh manufacturer. However, the plaintiff and defendant filed a motion to challenge the outcome. Bard states the plaintiff failed to prove a product defect, and the plaintiff is arguing for a new trial claiming the jurors were not adequately instructed on how to evaluate the burden of proof.
• May 2022 - C.R. Bard - $184 million. In this case, Maureen Cavanagh et al. v. C.R. Bard Inc., et al., the jury found that Bard's hernia mesh products were defective, awarding the victim $184 million in damage. The case is one of the largest hernia medical device settlements to date.
• January 2021 - Atrium Medical Corporation - The jury found Atrium's mesh implants defective and ordered the company to pay $1.6 million in damages.
• March 2021 - Atrium Medical Corporation - $610 million - Rouffa et al. v. Atrium Medical Corp, et al. - The jury found that Atrium's mesh products were defective and ordered the defendant to compensate the victim with $610 million in damages.
• April 2019 - Ethicon (Johnson & Johnson) - The defendant agreed to a negotiated hernia mesh lawsuit settlement of $117 million, agreeing the device endangered the plaintiff's life after a defective medical mesh device had been implanted.

Why Is It Necessary to File Hernia Mesh Lawsuits?

If you have undergone a painful secondary mesh removal surgery to repair or exchange your defective mesh, you have the legal right to seek financial compensation for your harm.

Did you undergo a procedure involving a hernia mesh implanted in your abdomen muscles and experienced pain and discomfort? Your surgeon decided to use a medical device the manufacturer likely knew was defective, and you suffer the consequences of someone else's decision.

Filing a Bard hernia mesh lawsuit against those responsible for your severe injuries can provide you with funds to cope with your mounting medical bills when you need to recover fully.

The Chicago, IL, hernia mesh lawyers at Rosenfeld Injury Lawyers, LLC, can help you recover the compensatory damages you deserve under the law. Filing a mass tort lawsuit against the device manufacturer avoids participating in a hernia mesh class-action suit.

However, there are also benefits to becoming a part of the hernia mesh MDLs process, especially for patients who underwent a mesh removal procedure (revision surgery).

What Financial Payouts Have Resulted from Hernia Mesh Lawsuits?

Many patients who have suffered complications after undergoing hernia surgeries using repair devices have filed hernia mesh claims against the manufacturers.

Patients usually ask their hernia mesh attorneys how much financial compensation they can expect from a successful lawsuit. Typical resolutions involve payouts in mesh lawsuit settlements and jury awards.

Many hernia mesh lawsuits may eventually be resolved in a hernia mesh lawsuit settlement, especially after plaintiffs in similar cases have obtained a significant jury verdict award. Hernia mesh litigation associated with nearly every FDA medical device recall is initially resolved through "bellwether" trials.

How Other Cases Might Be Resolved

These trials allow the courts to gauge the effectiveness of the hernia mesh claims and see how they might be resolved. They also help determine whether a particular type of injury is common to all hernia mesh plaintiffs or if each person's experience is unique.

Once these trials have concluded and the jurors have returned their verdicts, the defendant will likely enter into hernia mesh settlement negotiations to avoid a costly, drawn-out trial process.

If the plaintiffs are unhappy with the offer, they can always refuse an agreement and take their case to trial. However, this could risk an unfavorable outcome and a lower award.

Take the First Step Towards Filing a Hernia Mesh Implant Lawsuit

The serious complications arising from a hernia surgery can undermine your quality of life and leave you grappling with chronic pain, discomfort, inflammation, and other physical problems.

Don't worry if you don't know what type of hernia mesh device was used in your surgery. Our Chicago law firm can file a mesh claim, obtain all necessary information, and gather evidence to build a solid case for you.

You should hire an experienced law group specializing in surgical mesh cases involving personal injury, product liability, and adverse health effects from defective hernia mesh devices. Your hernia mesh law firm can help you hold mesh manufacturers responsible.

Hernia Mesh Lawsuit Statute of Limitations

The statute of limitations in Illinois for personal injury or product liability cases is two years. You only have two years from your injury to file a medical hernia mesh lawsuit against the manufacturer.

If you miss this deadline, you will likely be unable to recover any damages because you will be banned from filing hernia mesh litigation after that time.

The statute limits the time you have to file a mesh lawsuit. Even though the statute of limitations for product liability lawsuits is two years, if you can show that the hernia mesh manufacturer knew about the risks associated with the product and did not warn consumers, the time restrictions may be extended.

Filing a Wrongful Death Lawsuit

When someone dies because of medical mistakes or a defective product, their family can sometimes sue for money through a wrongful death lawsuit. In this kind of lawsuit, people can ask for money to pay for the person's hospital and medical bills before they died, the pain and suffering the person went through, and other damages.

Family members who lost a loved one through medical malpractice or a defective product can seek financial compensation by filing a wrongful death lawsuit. In these surgical mesh cases, plaintiffs can seek damages for hospitalization and treatment costs before the deceased's death, pain and suffering, and funeral and burial expenses.

Qualifying family members include the surviving spouse, children, grandchildren, parents, grandparents, siblings, etc. If the decedent did not previously designate an individual to serve as the personal representative of their estate, the court would appoint someone to manage the estate and sue on behalf of the family.

If you or a loved one has suffered serious complications after undergoing hernia repair surgery with a mesh implant, you may be eligible to file a mesh injury lawsuit. These lawsuits are currently being filed against several mesh manufacturers, including Atrium, Bard, and Ethicon.

Hernia Mesh FAQs

Our personal injury attorneys understand that many families have unanswered questions about hernia mesh problems and deal directly with insurance companies to receive compensation for damages. A lawyer from our law office has answered some of those questions below.

Contact our hernia mesh lawsuit attorneys at (888) 424-5757 or use the contact form for additional information and answers, or schedule a free consultation to discuss your case.

Hiring a Personal Injury Lawyer to Resolve a Hernia Mesh Claim

Are you a victim of a defective mesh? Rosenfeld Injury Lawyers, LLC represent people injured by medical hernia repair procedures and hernia recurrence. Our hernia mesh lawyers provide free case consultation and urge you to call our law firm today at (888) 424-5757 or use the contact form.

Our Chicago hernia mesh lawyers have fought hard for clients harmed by defective devices and won millions to protect their families.

Our law group has resolved various product liability/hernia mesh cases involving transvaginal mesh, hernia patches, pelvic mesh, and hernia mesh devices and products.

Contingency Fee Agreement

Your hernia mesh lawyers will never ask you to pay upfront fees. Instead, you pay our personal injury lawyer only after successfully resolving your hernia mesh lawsuit and obtaining compensation on your behalf.

If our law firm does not win your case or negotiate an acceptable hernia mesh lawsuit settlement on your behalf, you owe us nothing for our services in your defective implant case.

All confidential or sensitive information you share with your experienced hernia mesh law firm remains private through an attorney-client relationship.

Resources:

• Hernia Invasive Implants | FDA
• About Hernia Repair | PMC