Top 3 Signs Your Hernia Mesh Is Failing—and How to File a Lawsuit With Walch Law
A hernia repair surgery is meant to resolve pain and restore your quality of life. For many people, surgical mesh provides a durable solution. However, a significant number of patients experience severe, life-altering complications when this mesh fails. These failures can happen months or even years after the initial surgery, leaving patients confused, in pain, and facing more medical procedures.
Recognizing the early warning signs of hernia mesh failure is crucial. It not only protects your health by prompting you to seek medical care but also preserves your legal right to hold the device manufacturer accountable for your suffering. At Walch Law, our family has been helping injured Californians for over 45 years. This guide explains the top three signs of a failing hernia mesh, what to do if you experience them, and how we can help you file a lawsuit to get the compensation you deserve.
Top 3 Warning Signs Your Hernia Mesh Is Failing
If you have had hernia surgery, do not ignore new or worsening symptoms. While some discomfort is normal during initial recovery, the following signs could indicate a serious problem with your mesh implant.
1. Persistent or Worsening Pain
While some post-operative pain is expected, pain that continues long after your surgery or gets worse over time is a major red flag. This is the most common symptom of hernia mesh failure. The pain may feel different from the original hernia pain and can manifest in several ways:
- Pain at or near the repair site: This can be a constant, dull ache or sharp, stabbing pains.
- A burning or “tugging” sensation: This may indicate that the mesh is migrating or adhering to surrounding tissue.
- Pain with movement: Discomfort when you walk, bend over, lift objects, or even cough can signal a problem.
- New, unexplained pain: The sudden onset of pain months or years after you thought you had fully recovered is a serious warning sign.
2. Signs of Infection or Inflammatory Reaction
Defective hernia mesh can trigger a chronic inflammatory response or harbor bacteria, leading to persistent infections that are difficult to treat. Be on the lookout for:
- Local signs: Redness, warmth, swelling, or drainage at the incision site. The wound may fail to heal properly, or you may notice a foul odor.
- Systemic signs: A fever, chills, and a general feeling of being unwell (malaise) can indicate a body-wide infection.
- Repeat antibiotic use: If you require multiple courses of antibiotics to manage recurring infections near your hernia repair, it strongly suggests the mesh itself is the source of the problem.
3. Bulge or Hernia Recurrence
The mesh is designed to prevent your hernia from coming back. If you notice a new bulge or lump at or near the original hernia site, it could mean the mesh has failed, migrated, or shrunk, allowing the hernia to recur.
In addition to a visible bulge, you may experience other symptoms that require urgent medical attention, such as:
- Intense pressure or a feeling of fullness.
- Bowel changes like severe constipation or nausea and vomiting.
- Symptoms of a bowel obstruction, including severe abdominal pain, bloating, and an inability to pass gas or have a bowel movement. These are medical emergencies.
Other Common Complications of Hernia Mesh
Beyond the top three signs, defective mesh can cause a range of other serious issues:
- Migration: The mesh moves from its intended location.
- Adhesion: Scar tissue forms, causing the mesh to stick to nearby organs like the intestines.
- Erosion: The mesh wears through surrounding tissues or organs.
- Nerve Injury: The mesh entraps or damages nerves, causing chronic pain.
- Seroma/Hematoma: Pockets of fluid or blood form around the implant.
- Sexual Dysfunction: In inguinal (groin) hernia repairs, mesh failure can cause severe testicular pain and pain during intercourse.
What to Do First: Protect Your Health
- Seek Medical Evaluation: Do not ignore these red flags. Contact your doctor or surgeon immediately. If you have severe symptoms like signs of a bowel obstruction, go to the emergency room.
- Request Imaging: Ask your doctor for diagnostic imaging like a CT scan or ultrasound to visualize the mesh and surrounding tissues. If infection is suspected, cultures should be taken.
- Keep a Symptom Journal: Document your pain levels, the type of pain, and how your symptoms limit your daily activities. This will be invaluable for both your doctor and your legal claim.
- Preserve the Mesh: If you need revision surgery to remove the mesh, it is critical to tell your surgeon you want the explanted device preserved for legal review. Do not consent to its disposal. We can provide your surgeon with a formal letter to ensure this is handled correctly.
How to File a Lawsuit With Walch Law: Our Process
Filing a lawsuit against a medical device manufacturer is complex. We handle every step so you can focus on your health.
- Free Consultation: You will speak with our legal team to confidentially discuss your surgery, complications, and how your life has been affected.
- Medical Record Retrieval: We gather all your relevant records, including operative reports from your initial surgery, implant stickers that identify the device, imaging results, and notes from all follow-up care.
- Medical and Legal Review: We work with medical experts to review your records and confirm that your injuries were likely caused by the defective mesh.
- Claim Filing: We file a claim on your behalf. This is often done as part of a coordinated mass tort proceeding (MDL), which consolidates similar cases against a single manufacturer for efficiency.
- Lien Handling: We manage and negotiate with your health insurance providers to reduce any liens on your settlement, maximizing the money you put in your pocket.
- Negotiation and Settlement: We fight for a fair settlement that covers all your damages. While most cases settle, we are always prepared to take your case to trial if necessary.
- Regular Updates: We keep you informed at every stage of the process.
Damages Potentially Available in a Hernia Mesh Lawsuit
A successful claim can provide compensation for all your losses. While there are no guarantees, we fight to recover damages for:
- Medical Bills: Past and future costs for revision surgery, hospital stays, rehabilitation, and pain management.
- Lost Wages: All income lost while you were unable to work.
- Diminished Earning Capacity: Compensation if your injuries prevent you from returning to your previous career.
- Pain and Suffering: Significant compensation for your physical pain, emotional distress, and loss of quality of life.
- Loss of Consortium: Damages for the negative impact on your relationship with your spouse.
Frequently Asked Questions
1. Do I need revision surgery to have a case?
No. While a revision surgery is strong evidence, you can still have a valid claim based on chronic pain or other serious complications that have been documented by your doctor.
2. What if I don’t know the brand of my hernia mesh?
That’s okay. We can almost always identify the manufacturer and model from your surgical records and implant stickers.
3. How long do I have to file a lawsuit?
Statutes of limitation create strict deadlines. It is critical to contact an attorney as soon as you suspect a problem to protect your rights.
4. Can I sue if a doctor placed the mesh years ago?
Yes. The legal clock often starts ticking from the time you discovered (or should have discovered) the injury, not from the date of the original surgery.
5. Will I have to travel?
It is highly unlikely. Most aspects of these cases are handled remotely, and you would likely not need to travel for any legal proceedings.
6. What will this cost me?
Nothing upfront. Walch Law works on a contingency fee basis, meaning you pay no fees unless and until we win a financial recovery for you.
7. Should I talk to the device maker’s insurer or representative?
No. Never speak to anyone representing the manufacturer or their insurance company. They are trained to get you to say things that will hurt your claim. Direct all communications to your attorney.
Get the Expert Legal Help Your Family Deserves
You underwent hernia repair to improve your life, not to suffer from years of pain and additional surgeries caused by a defective product. The family at Walch Law is here to fight for you. We will coordinate with your doctors, handle the complex evidence gathering, and ensure the explanted mesh is preserved.
Contact us today for a free, confidential consultation. Let us handle the legal battle so you can focus on your recovery.