Why Are There So Many Hernia Mesh Lawsuits?

If you or a loved one has suffered from severe complications after a hernia repair, you may have seen commercials or articles about hernia mesh lawsuits. It can seem like these legal actions are everywhere, leaving many to wonder why. The answer is not simple; it is a combination of widespread use, serious product design flaws, devastating patient injuries, and alleged corporate misconduct.

The sheer volume of lawsuits is a direct reflection of the immense number of people whose lives have been turned upside down by a medical device that was supposed to help them. At Walch Law, we have been helping injured Californians for over 45 years, and we understand the profound impact a defective medical device can have on a family. Call us now to get started on your hernia mesh lawsuit.

The Perfect Storm: Reasons for the Mass Litigation

The thousands of lawsuits filed across the country did not appear out of thin air. They are the result of several converging factors that created a crisis for patients.

1. Widespread Use of Hernia Mesh

Hernia repair is one of the most common surgeries performed in the United States, with millions of procedures done each year. Over the past few decades, using surgical mesh became the standard of care for many types of hernia repairs, replacing older techniques that used sutures alone. This widespread adoption meant that millions of patients were implanted with these devices. When a product is used on such a massive scale, even a small percentage of failures can result in a very large number of injured people.

2. Serious Product Design and Material Flaws

At the heart of the litigation are allegations that many hernia mesh products were fundamentally flawed. These are not cases about a single bad batch; they are about inherent problems with the design and materials of the mesh itself. Key issues include:

Polypropylene Degradation: Many meshes are made from polypropylene, a type of plastic. Lawsuits allege that this material can oxidize and degrade inside the human body, causing it to become brittle, shrink, and stiffen. This can lead to chronic inflammation and pain.
Problematic Coatings: To prevent the mesh from sticking to organs like the intestines, manufacturers added coatings made from materials like fish oil, collagen, or other absorbable barriers. However, plaintiffs allege these coatings were often ineffective or caused their own severe inflammatory reactions, leading to adhesions and other complications.
Heavyweight, Stiff Mesh: Some older mesh designs were heavy and stiff. Instead of moving with the body, they created a rigid, foreign-body reaction, leading to chronic pain and a feeling of stiffness in the abdomen.

3. A Profile of Devastating Complications

The injuries caused by defective hernia mesh are not minor. They are often life-altering and require extensive medical intervention. The most common complications cited in lawsuits include:

Chronic, Debilitating Pain: Pain so severe it interferes with daily activities.
Recurrent Infections: Deep-seated infections that are difficult to treat with antibiotics.
Mesh Migration or Erosion: The device moves from its intended location or erodes into nearby tissues and organs.
Adhesion and Bowel Obstruction: The mesh forms dense scar tissue that sticks to the intestines, potentially causing a dangerous blockage.
Hernia Recurrence: The mesh fails completely, and the hernia returns.

Treating these issues often requires one or more complex and painful revision surgeries to remove the defective mesh and reconstruct the abdominal wall. The recovery can be long, and the economic losses from medical bills and lost wages can be catastrophic.

4. Allegations of Corporate Misconduct

A crucial element of the litigation involves claims that manufacturers knew about the risks but failed to warn doctors and patients. Lawsuits allege that companies:

Rushed Products to Market: Many mesh products came to market through the FDA’s 510(k) clearance pathway. This allows a device to be sold without rigorous clinical trials if it is “substantially equivalent” to a product already on the market. Plaintiffs argue this loophole allowed dangerous products to be sold without adequate safety testing.
Ignored or Hid Negative Data: Internal company documents uncovered during litigation have suggested that some manufacturers were aware of high complication rates but continued to market their products as safe and effective.
Used “Silent Recalls”: Instead of issuing formal recalls that would alert the public, some companies quietly withdrew problematic products from the market, leaving doctors and patients in the dark.

5. A Legal System Structured for Mass Claims

It would be nearly impossible for individual patients to take on multi-billion dollar corporations alone. The legal system has mechanisms to handle large numbers of similar claims efficiently. Multi-District Litigations (MDLs) consolidate thousands of cases before a single federal judge for pretrial proceedings. This streamlines the discovery process and allows for bellwether “test” trials, which help both sides determine the value of cases and often lead to global settlement programs.

Do You Qualify for a Hernia Mesh Lawsuit?

Not every bad surgical outcome is grounds for a lawsuit. The law distinguishes between known surgical risks and injuries caused by a defective product. You may have a claim if you:

Were implanted with a specific hernia mesh product.
Developed serious complications like those listed above.
Required significant medical treatment for those complications.
Are within the statute of limitations (legal deadline).

In California, the statute of limitations for product liability is generally two years. However, the “discovery rule” applies, meaning the clock typically starts when you discovered, or should have discovered, that the mesh was the source of your injury.

What if you don’t know your mesh brand? This is a very common and solvable issue. Your attorney can get your operative reports, which usually contain an implant sticker or device code that identifies the exact product you received.

Frequently Asked Questions (FAQ)

1. Is all hernia mesh bad?
No. Many patients have successful hernia repairs with mesh. The lawsuits are focused on specific products from certain manufacturers that have been shown to have unacceptably high rates of failure and complications.

2. Do I need to have the mesh removed to file a lawsuit?
No. While a revision or explant surgery provides powerful evidence, you can still have a valid claim if you have a medically diagnosed complication clearly linked to the mesh, even without a removal surgery.

3. What if my surgery was many years ago? Can I still file?
Yes, it is often possible. The legal deadline is typically based on when you discovered the injury was caused by the mesh, not the date of your original surgery.

4. How long does a hernia mesh case take?
These are complex cases that can take several years to resolve. Cases resolved through a large settlement program may move faster than those proceeding toward an individual trial.

5. Have these products been recalled?
Some have been withdrawn from the market (a “soft recall”), but many allegedly defective products have never been officially recalled and are still in use. A recall is not necessary to file a lawsuit.

6. Will my health insurance or Medicare want to be paid back from my settlement?
Yes. Insurers have a legal right (subrogation) to be reimbursed for the medical bills they paid related to your mesh complications. Your attorney will negotiate these liens to maximize your net recovery.

7. Can I sue my surgeon?
The vast majority of these lawsuits are against the device manufacturer for providing a defective product. A claim against a surgeon for medical malpractice would only be appropriate if there was a clear error in the surgical technique itself, which is separate from a defective product claim.

You Focus on Your Health. We’ll Focus on the Fight.

Living with the consequences of a failed medical device is a heavy burden. You should not have to carry the additional weight of a complex legal battle against a corporate giant. The experienced product liability team at Walch Law will handle every detail of your case—from obtaining your medical records and hiring world-class experts to fighting for the compensation you deserve—so you can focus on your recovery.

If you have suffered from complications after a hernia mesh implant, contact us today for a free, confidential consultation. Let our family help yours secure the justice and financial stability you need to move forward.