Hernia Mesh Lawsuits: What You Need to Know Before Filing
Surgery is meant to fix a problem, not create new ones. For thousands of patients who underwent hernia repair surgery, however, the medical device implanted to help them heal has instead caused debilitating pain and life-altering complications.
Hernia mesh, a net-like implant used to support damaged tissue, has become the center of massive pharmaceutical litigation. Defective designs and inadequate warnings have left countless individuals suffering from infections, chronic pain, and the need for risky revision surgeries.
If you or a loved one are dealing with the aftermath of a failed hernia mesh implant, you are likely frustrated and searching for answers. You may be wondering if your complications are normal or if a defective product is to blame. Call Walch Law now to get started for free.
What is Hernia Mesh and Why is it Used?
A hernia occurs when an organ, intestine, or fatty tissue squeezes through a hole or a weak spot in the surrounding muscle or connective tissue. It effectively creates a bulge that can be painful and dangerous if left untreated.
To repair this, surgeons often use a medical device known as surgical mesh. The mesh acts as a scaffold, reinforcing the weakened area and allowing tissue to grow into it, theoretically providing long-term support and reducing the chance of the hernia returning.
The FDA estimates that more than one million hernia repairs are performed each year in the United States, and the vast majority involve the use of mesh. While many of these surgeries are successful, a significant number of mesh products—specifically those made from synthetic materials like polypropylene—have been linked to severe adverse events.
Common Complications from Defective Hernia Mesh
The complications arising from defective hernia mesh are not just minor inconveniences; they can be medically catastrophic. The body may reject the foreign material, or the mesh itself may degrade, shrink, or move.
Chronic Pain and Infection
One of the most frequently reported issues is chronic, severe pain at the surgical site. This is often accompanied by deep-seated infections that are resistant to antibiotics. In some cases, the mesh acts as a breeding ground for bacteria, necessitating the complete removal of the implant to clear the infection.
Mesh Migration and Shrinkage
Defective mesh can shrink or contract over time, pulling on the surrounding tissue and nerves. In other cases, the mesh detaches from the surgical site and migrates to other parts of the abdomen. This “wandering” mesh can cause excruciating pain and requires immediate surgical intervention to locate and remove the device.
Bowel Obstruction and Perforation
Perhaps the most dangerous complication involves the mesh eroding into nearby organs. If the mesh migrates or cuts through tissue, it can puncture the bowel, bladder, or intestines. This can lead to:
- Perforation: A hole in the organ, leaking waste into the abdominal cavity.
- Obstruction: Blockage of the intestines, preventing the passage of food and waste.
- Fistulas: Abnormal connections forming between organs, such as between the bowel and the skin.
These conditions are medical emergencies that often require complex surgeries to repair damaged organs and remove the mesh.
Legal Grounds for a Hernia Mesh Lawsuit
Filing a lawsuit against a medical device manufacturer is a complex process known as product liability litigation. You generally do not sue the doctor who performed the surgery (unless they committed malpractice), but rather the company that designed and sold the defective product.
Most hernia mesh lawsuits are based on three primary legal theories:
1. Defective Design
This claim argues that the mesh product was inherently dangerous from the start. For example, many lawsuits allege that the polypropylene material used in certain mesh products oxidizes and degrades inside the body, causing inflammation and tissue damage. The argument is that no matter how well the surgery was performed, the device itself was destined to fail.
2. Defective Manufacturing
This occurs when the design of the product is safe, but something went wrong during the manufacturing process. This could involve contamination of the mesh during packaging or the use of substandard materials that differ from the approved design specifications.
3. Failure to Warn
Manufacturers have a legal duty to warn doctors and patients about the known risks associated with their products. Many lawsuits allege that companies like Ethicon (Johnson & Johnson), C.R. Bard, and Atrium Medical knew their mesh products had high failure rates but hid this information to protect profits. By downplaying the risks, they deprived patients of the ability to make an informed decision about their healthcare.
Building a Strong Case: Evidence Matters
Winning a hernia mesh lawsuit requires more than just proving you are in pain. You must draw a direct line between the specific mesh product used in your surgery and the injuries you are suffering now.
The Importance of Medical Records
Your medical records are the foundation of your case. They provide the timeline and the technical details necessary to prove your claim. Specifically, your attorney will look for:
- Operative Reports: These documents from your initial surgery identify the specific brand, model, and lot number of the mesh implanted. Without this, you cannot identify which manufacturer to sue.
- Revision Surgery Records: If you had to undergo additional surgeries to fix the problem, these records are crucial. They often contain the surgeon’s notes describing the state of the mesh (e.g., “mesh was folded,” “mesh had eroded into the bowel”) upon removal.
- Pathology Reports: If tissue or the mesh itself was removed and sent to a lab, these reports can prove the presence of infection or inflammatory responses caused by the device.
Why You Need the Best Los Angeles Hernia Mesh Attorney
Hernia mesh cases are not standard personal injury claims. They are mass torts that involve complex scientific and medical evidence. You are going up against massive pharmaceutical companies with unlimited legal budgets.
An experienced attorney knows how to navigate the complexities of Multi-District Litigation (MDL), where thousands of similar cases are consolidated to speed up the process. They can hire the necessary medical experts to testify on your behalf and ensure your claim is filed within the strict statutes of limitations.
Who Are the Major Manufacturers Being Sued?
Currently, tens of thousands of lawsuits are pending against major medical device manufacturers. Some of the most common products involved in litigation include:
- Ethicon (Johnson & Johnson): Physiomesh and Proceed mesh.
- C.R. Bard (Davol): PerFix, 3DMax, and Ventralex patches.
- Atrium Medical: C-Qur mesh.
- Covidien (Medtronic): Parietex mesh.
If you know you have a mesh implant from one of these manufacturers and are experiencing complications, you may have a valid claim. Even if you do not know the brand, a lawyer can help you find out by requesting your medical records.
Contact Walch Law for a Free Consultation
No one should have to suffer because a corporation prioritized profits over patient safety. If you underwent hernia repair surgery and are now dealing with pain, infection, or the need for revision surgery, you have rights.
At Walch Law, we understand the physical and emotional toll these injuries take. We are committed to holding negligent manufacturers accountable and fighting for the maximum compensation you deserve for your medical bills, lost wages, and pain and suffering.
Do not wait until it is too late. There are strict deadlines for filing these claims. Contact us today for a free, no-obligation consultation. Let us review your case and help you take the first step toward recovery.