Hernia Mesh Class Action Lawsuit
Hernia meshes are used after surgical intervention to support the weakened tissue. They are constructed from both natural and synthetic materials, which each offer different advantages and disadvantages.
However, they can cause serious issues. If you have been injured by a hernia mesh complication or failure, you may be entitled to compensation. Your hernia may recur, or you could experience infections, scarring, and other complications. Any or all of these issues can be grounds for a hernia mesh lawsuit. In fact, there have been many lawsuits filed against the manufacturers of hernia meshes for the damage they have caused.
TonaLaw is dedicated to helping injury victims get the compensation they deserve if they have been hurt by a surgical mesh complication or failure. Our lawyers are always here to answer all of your questions and tell you what you need to know before you file a hernia mesh lawsuit. Call us today at 1-833-TONALAW or contact us online for a free, no-obligation consultation with a hernia mesh lawsuit lawyer.
Types of Hernia Meshes
There are a few different types and subtypes of hernia meshes. First off, they are either synthetic or made from animal tissue. Synthetic meshes come in a few different forms. They can be either knitted or non-knitted. In addition, they may be absorbable, non-absorbable or a combination of both. Non-absorbable meshes are considered permanent and must be removed surgically if there are complications.
Absorbable meshes provide short-term support for the tissue. They are designed to naturally break down in the body while new tissue grows to repair the site naturally. All meshes made from animal tissues are absorbable. They are typically made from the disinfected, processed skin or intestines of an animal, usually a pig or a cow.
Complications with Hernia Meshes
Hernia meshes are useful tools, but they can lead to serious complications. Some of the most common injuries and complications associated with hernia meshes include:
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- Adhesion, in which the mesh sticks to the body’s natural tissues
- Infections, which can lead to sepsis
- Migration, meaning the mesh moves to a different location in the body
- Erosion of the mesh, which can cause infection, pain and more
- Bowel obstruction, caused by the mesh moving or adhering to the intestines
- Perforations or tears of the organs, which can be caused by mesh erosion or migration
- Seromas, which is when fluid collects under the skin
- Mesh failure, which simply means the mesh failed to do what it was intended to do
- Recurrence of the hernia, often requiring additional surgery
- Testicular/groin pain, which can lead to further complications
- Cancer, which could result from infections
- Chronic pain, stemming from the above injuries and complications
Do I Have Grounds to File a Hernia Mesh Lawsuit?
In some states, you don’t have to show that the manufacturer knew anything about the dangers of the product before filing a lawsuit. Instead, you simply have to show that you were injured by the mesh. This is a legal concept known as “strict liability.”
In other instances, however, you may have to prove at least one of four points in order to seek compensation through a hernia mesh lawsuit. These include:
1. Defective Design
If the overall design of the hernia mesh is dangerous, it’s said to have a “defective design.” This means no matter how high quality the actual manufacturing of the mesh was, there’s simply no way it would be safe to use.
In some cases, the manufacturer had no idea that the design was dangerous. In other cases, the manufacturer may have been aware but decided to ignore the issue. Your lawyer, and their experts, may look at original design concepts and schematics to determine if the mesh had a defective design.
2. Defective Manufacturing
There’s a lot that can happen in between design and manufacturing. Many companies trust overseas manufacturers to create their meshes. However, even the slightest deviation from the design can cause severe problems.
For instance, using the slightly wrong synthetic material could cause the mesh to break down more quickly than intended. Or, unsanitary conditions at the manufacturing plant could cause infections when the mesh is implanted.
3. Failure to Warn
Like every medical device, there are dangers of using hernia meshes. These dangers are supposed to be disclosed to both doctors and patients so they can make the decision of whether or not the risks outweigh the benefits.
When manufacturers don’t disclose these dangers or downplay them, they can be held liable for the injuries and illnesses their hernia meshes cause. This is typically easy to prove; doctors and patients can testify they weren’t made aware of the dangers.
4. Medical Error
While the above issues are related to the hernia mesh itself, you might also have claims for medical errors. When it comes to hernia meshes, a doctor may use a mesh that has already been recalled due to safety issues. Or, they may use the wrong type of mesh for your scenario. In other instances, they could embed the mesh incorrectly, leading to major complications. In these instances, the medical professional may be responsible for the resulting injuries.
Current Hernia Mesh Recalls
Most hernia meshes are safe. However, there are a variety of meshes that aren’t. It’s important to be aware of all recalls so you can be aware if you have a dangerous material in your body, and therefore if you have the grounds for a hernia mesh lawsuit.
Common hernia meshes that have been recalled include:
- Atrium Medical Corporation C-QuR V-pack Mesh
- Atrium Medical Corporation ProLite Mesh
- Bard and Davol Composix Kugel mesh
- Ethicon Physiomesh Flexible Composite Mesh
- Ethicon Proceed Surgical Mesh
- Sofradim Production Versatex Monofilament Mesh
Get the Help You Deserve from a Hernia Mesh Lawsuit Lawyer
If you have suffered an injury or illness related to a hernia mesh, you may be able to file a lawsuit to recover compensation. Depending on the type of hernia mesh that you have and the nature of your injuries, you may be able to join an existing lawsuit or file a personal injury lawsuit.
No matter the situation, our lawyers are here to help. We have helped thousands of people get the compensation they deserve after being injured. Call us today at 1-833-TONALAW or contact us online for a free, no-obligation consultation with a hernia mesh lawsuit lawyer.
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