Do You Need Hernia Repair Surgery to File a Winning Hernia Mesh Lawsuit?

Hernia repair is one of the most common surgeries performed in the United States, with over one million procedures taking place annually. For many patients, the implantation of surgical mesh offers a permanent solution to a painful problem. However, for thousands of others, the mesh itself becomes the source of a nightmare.

Defective hernia mesh products have been linked to severe complications, including chronic pain, infection, bowel obstruction, and mesh migration. If you are suffering from these debilitating side effects, you may be considering legal action against the manufacturer. But a common question often holds victims back: “Do I need to undergo revision surgery before I can file a lawsuit?”

The answer is complex, but generally speaking: No, you do not necessarily need to have had revision surgery to file a claim, but your medical situation plays a critical role in the strength of your case.

At Walch Law, we understand that every patient’s medical journey is different. Some victims have undergone multiple corrective surgeries, while others are medically unable to do so or are managing their pain through other means.

Understanding the Role of Revision Surgery in Lawsuits

In the context of hernia mesh litigation, “revision surgery” refers to a procedure performed to remove, replace, or repair defective mesh. While revision surgery is often the clearest evidence of failure, it is not the only evidence.

Why Revision Surgery Is Common in These Cases

Revision surgery is frequently cited in lawsuits because it serves as definitive proof of damages. When a surgeon has to go back in to fix a problem, it generates a wealth of evidence:

Operative Reports: The surgeon documents exactly what they found (e.g., mesh that has crumpled, migrated, or adhered to organs).
Pathology: The removed mesh can be preserved and analyzed to prove it was defective.
clear Economic Damages: Surgery is expensive, creating a clear paper trail of medical bills and lost wages.

However, the legal system recognizes that not everyone can or should have surgery immediately.

When You Might Have a Claim Without Surgery

You may still have a valid and winning lawsuit if you have not had revision surgery, particularly in the following scenarios:

Surgery Is Too Risky: For some patients, due to age or underlying health conditions, another surgery could be life-threatening. If a doctor advises against removing the mesh because the risks outweigh the benefits, you should not be penalized for following medical advice.
Inoperable Mesh: In some severe cases, the mesh has grown so deeply into the bowel, nerves, or blood vessels that it is medically impossible to remove it safely. These cases often involve significant pain and suffering and can result in substantial settlements.
Conservative Management: Some patients manage their complications with medication, physical therapy, or nerve blocks. If you have documented proof that the mesh is causing your injury—even if you haven’t cut it out yet—you have grounds for a claim.

The Importance of Medical Evidence

Whether or not you have had surgery, the cornerstone of a winning hernia mesh lawsuit is proof of a defect and injury. You cannot simply claim the mesh hurts; you must prove it and if you do, your hernia mesh lawsuit can be worth a lot of money when you find the best Los Angeles hernia mesh lawyer for you.

If you have not had revision surgery, the burden of proof relies heavily on diagnostic testing and expert testimony.

Diagnostic Imaging

To build a strong case without surgical records, we rely on advanced imaging:

CT Scans: Can show bowel obstructions, abscesses, or fluid collections around the mesh.
MRI: Effective for visualizing soft tissue and nerve entrapment.
Ultrasound: Can sometimes detect mesh migration or folding.

If these scans show that the mesh has failed—for example, it has broken or moved—that is objective evidence of a defect, regardless of whether you have had it removed.

Medical Records and Doctor Notes

Your consistency in seeking treatment matters. If you aren’t having surgery, you must have a paper trail showing that you are actively treating the complications.

Pain Management Records: Documentation of chronic pain prescriptions or injections.
Specialist Referrals: Visits to gastroenterologists or pain specialists.
Contraindication Notes: A specific note from a surgeon stating that revision surgery is necessary but too dangerous is a powerful piece of evidence.

Common Complications That Validate a Claim

You do not need an operating room report to prove you are suffering. Many verifiable complications caused by defective mesh can be the basis of a lawsuit, including:

Chronic Pain: Long-term, debilitating pain that interferes with daily life.
Infection: Recurrent infections that require antibiotics or drainage.
Adhesion: The mesh sticking to internal organs, causing digestive issues or bowel obstruction.
Recurrence: The hernia coming back because the mesh failed to hold the tissue together.
Seromas: Fluid buildup at the surgical site that requires medical intervention.

Why Some Law Firms Require Revision Surgery

You may have contacted other law firms and been turned away because you haven’t had revision surgery. This is often a business decision by the firm, not a legal rule.

Cases involving revision surgery are generally “easier” to prove because the damages are high and the evidence is physical (the removed mesh). Cases without surgery can be more complex and require more work to establish the extent of the injury.

At Walch Law, we look at the whole picture. We are not looking for the easy way out; we are looking for justice for our clients. If you have a confirmed defective product inside you that is ruining your quality of life, we want to hear your story.

How Walch Law Builds Your Case

Navigating a product liability lawsuit against massive medical device manufacturers like Ethicon, Atrium, or Bard requires experience and tenacity. Here is how we help clients, regardless of their surgical status:

1. Expert Case Evaluation

We review your medical history in detail. We look for the specific brand and model of mesh used (like Physiomesh or C-Qur) to see if it is on a recall list or known to be defective.

2. Securing Expert Testimony

If you haven’t had surgery, we work with medical experts who can review your imaging and records. They can provide sworn testimony that your complications are consistent with mesh failure, linking your pain directly to the defective product.

3. Calculating Future Damages

If you cannot have surgery now, you may need it in the future. Or, you may require lifelong pain management. We calculate the cost of your future medical needs to ensure your settlement covers you for the long haul.

4. Fighting for Non-Economic Damages

We aggressively pursue compensation for the “human cost” of the injury. If you can no longer work, play with your children, or sleep through the night because of pain, those losses deserve financial recognition.

Don’t Wait for Surgery to Seek Legal Help

There are strict time limits, known as statutes of limitations, for filing a lawsuit. In California, this clock usually starts ticking when you discover your injury. If you wait until you have surgery to call a lawyer, you might miss your deadline and lose your right to sue forever.

Even if you are currently “watching and waiting” with your doctor, you should consult with an attorney immediately to preserve your rights.

Contact Walch Law for a Free Consultation

You should not have to face the physical pain of a hernia mesh injury and the financial stress of a lawsuit alone. Whether you have had revision surgery, are scheduled for one, or are medically unable to undergo the procedure, you have rights.

The experienced personal injury team at Walch Law is ready to fight for you. We take on the big medical device companies to secure the compensation you need to move forward.

Contact Walch Law today for a free, confidential consultation. We will honestly assess your case, explain your options, and help you determine the best path forward. We work on a contingency fee basis, meaning you pay absolutely nothing unless we win your case. Call us now to protect your future.