What You Need To Know About Hernia Mesh Lawsuits
Hernia repair using surgical mesh is a common procedure, with the U.S. Food and Drug Administration (FDA) estimating that there are over a million performed every year. Surgical mesh can help support weakened or damaged tissue, and many doctors rely on it to reduce the high recurrence rate of hernias and shorten patient recovery time.
However, certain types of surgical mesh also have unusually high incidences of complications following hernia repair surgeries, including pain, infection, recurrence, adhesion, bowel obstruction, and perforation of nearby tissues or organs. While some complications may be minor and go unnoticed, others can cause serious illness, injury, or even wrongful death.
As a result of these troubling complications, multiple medical device manufacturers have recalled their defective products, and thousands of lawsuits against the makers of defective hernia mesh are currently pending. If you or a loved one has suffered from unexpected complications following a hernia repair using surgical mesh, read on to find out if you may also qualify for compensation from a hernia mesh lawsuit.
What Types of Hernia Mesh Have Been Recalled?
As of 2021, three major medical device manufacturers have recalled a variety of different surgical mesh devices. Two other companies have recalled smaller numbers of hernia meshes as well. Since 2005, more than 211,000 units have been recalled in the United States, potentially affecting thousands of patients.
C-QUR Mesh is a type of permanent surgical mesh manufactured by Atrium Medical Corporation. After discovering multiple manufacturing violations at Atrium’s manufacturing plant, Atrium was ordered to stop producing C-QUR mesh by the FDA in 2013. The FDA also received high numbers of patient complaints regarding hernia mesh complications including infection, adhesion, bowel obstruction, hematoma, fistula, seroma, swelling, severe allergic reaction, and severe pain. In total, 145,000 C-QUR brand surgical mesh products were recalled.
Kugel Hernia Patch
Between 2005 and 2007, more than 137,000 hernia mesh products were recalled and withdrawn from the market by Bard Medical. Various models of the Composix Kugel Hernia patch were found to have a defective memory recoil ring, which could break and lead to bowel perforations and fistulas. In all, over 137,000 of Bard’s Kugel hernia patches have been recalled.
Proceed and Physiomesh
Ethicon Inc., a manufacturing company owned by Johnson & Johnson, recalled approximately 18,000 Proceed hernia mesh devices between 2005 and 2014. Issues with packaging reportedly contributed to potential delamination of the devices, which can increase the risk of bowel adhesions and fistulas after implantation. In 2016, Ethicon withdrew another one of its hernia meshes called Physiomesh after reports of the mesh causing hernia recurrence, adhesions, pain, inflammatory reactions, and mesh bunching or folding in the body.
Gentrix Surgical Matrix
Medical company ACell recalled two of its surgical mesh products in 2019 made from Gentrix Surgical Matrix. The meshes reportedly did not meet the company’s tensile strength specifications. Unlike most recalled hernia mesh, which is made from polypropylene plastic, Gentrix Surgical Matrix was composed of dissolvable biological materials.
Parietex Composite Parastomal Mesh
Medical subsidiary Covidien LLC announced a mesh recall in 2018 regarding its Parietex Composite Parastomal Mesh. More than 7,000 units were recalled due to complaints of mesh failure after several years of use. Possible complications include hernia recurrence, pain, bulging, and skin changes.
Can Mesh From Hernia Repair Cause Problems Years Later?
Hernia mesh complications may occur within the initial weeks after a hernia repair surgery, but they can just as easily happen months or even years after implantation. For this reason, it is crucial for hernia mesh patients to keep a close eye on their health and any unexplained symptoms they encounter post-surgery.
While a hernia recurrence may be an obvious sign that a hernia repair has failed, you may not associate more subtle abdominal issues with a defective, eroded, or incorrectly implanted mesh.
What Are the Symptoms of Hernia Mesh Complications?
Many symptoms can be a sign of hernia mesh complications, but only an experienced medical professional can accurately diagnose the cause of your symptoms. Commonly reported symptoms after hernia mesh complications include, but are not limited to:
- Mild to severe abdominal pain or burning. Discomfort may be acute or chronic in nature.
- Bulging in the area the hernia mesh device was implanted
- Treatment-resistant constipation
- Impotence (this is especially common with inguinal hernias)
- Nausea and lethargy
If you are experiencing any of these symptoms following a hernia repair surgery, it is important to consult your doctor or surgeon as soon as possible. Requesting a CT scan can serve as a valuable diagnostic tool and as evidence should your complications be caused by a defective hernia mesh or by medical malpractice.
What Is The Statute of Limitations On Hernia Mesh Lawsuits?
The statute of limitations on hernia mesh lawsuits varies from state to state. Under Louisiana personal injury law, those who wish to file a claim against a drug manufacturer or medical practitioner have exactly one year from the date the injury was discovered to file said lawsuit. This means that those who did not experience complications until months or years after hernia repair surgery still have a window in which they can file a claim.
Clearly, this is a very short period of time in which to gather evidence and go through the legal process of filing a claim. For this reason, it is strongly recommended to consult a Louisiana hernia mesh lawyer as soon as possible if you discover that your health condition, injury, or disability has been caused by defective hernia mesh.
Do I Qualify For a Hernia Mesh Lawsuit?
You may be eligible to file a hernia mesh lawsuit if:
The surgical mesh used in your hernia repair was subject to a manufacturer or FDA recall or market withdrawal.
You experienced documented problems or complications as a result of the defective mesh such as pain, hernia recurrence, infection, bulging, adhesions, fistulas, bowel obstructions, etc.
Because of problems caused by the hernia mesh, you had to have the mesh surgically removed. If you were told that you were unable to have the mesh removed surgically because the risk to your health was too high, you may also qualify.
That being said, hernia mesh lawsuits are complex and it is possible that other hernia mesh manufacturers have also produced defective surgical mesh. The best way to find out for sure if you may qualify is to contact a personal injury lawyer as soon as possible.
Contact a Hernia Mesh Attorney
At Mike Brandner Injury Attorneys, our experienced and dedicated team of Louisiana attorneys offer free consultations to all prospective clients, with no obligation to hire us. If you think you may be affected by a defective medical device, contact us today to arrange your complimentary case review.
We understand that time is of the essence—that’s why we encourage you to call us 24/7 for prompt legal assistance. You can also request your free case review online by filling out this form, or connect with a representative now via LiveChat. You won’t pay us a penny unless we win your case.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.