What Is the Status of the Hernia Mesh Lawsuits?
More than 20,000 hernia mesh lawsuits are currently underway, consolidated into three multidistrict litigations (MDL) against Atrium Medical Corp., Ethicon, and C.R. Bard and Davol Inc. Back in August 2021, Bard Inc. won the first hernia mesh trial, but the courts postponed other bellwether trials due to the COVID-19 pandemic.
If you suffered critical injuries as a result of hernia mesh, you may be able to join one of these lawsuits or file your own. You have a right to legal representation.
What Are Hernia Mesh Products?
Hernia mesh implants are small screens of mesh that are used during her hernia repair surgeries to help reinforce muscle walls that have been surgically repaired.
These hernia mesh products were considered permanent as opposed to absorbable. Manufacturers made these hernia mesh products out of a special kind of plastic, polypropylene. Manufacturers then coated the products in order to create a barrier that prevents the hernia mesh from adhering to surrounding tissues.
Hernia Mesh Lawsuits Abound
C.R. Bard and Davol Inc., Atrium Medical Corp., and Johnson & Johnson have spent the last two decades manufacturing hernia mesh devices and hernia mesh products. Unfortunately, many of their hernia mesh implants caused considerable medical complications for patients, leading them to take legal action against the manufacturers.
Many patients’ immune systems were not tolerating the devices, which caused inflammation and pain after the coating on the mesh eventually dissolved. The mesh would then affix to the tissue on nearby organs.
C.R. Bard and Davol Inc., Atrium Medical Corp., and Johnson & Johnson are only a few of many manufacturers who have been accused of producing faulty hernia mesh devices.
More About Hernia Mesh Lawsuits
Over the last few years, thousands of injury victims have filed hernia mesh product liability lawsuits accusing C.R. Bard and Davol Inc., Atrium Medical Corp., and Johnson & Johnson of failing to properly test their hernia mesh devices. These suits argue that the hernia mesh devices have design flaws that are inherently unsafe for patients.
Atrium in particular continued to allow their hernia mesh products on the market, despite their findings that the products would stick to it’s packaging when exposed to high humidity during shipment.
Injuries Caused by Hernia Mesh
Plaintiffs claim to have suffered various internal injuries and adverse health complications due to hernia mesh devices. Some injuries they have reported include:
- Adhesion to organs and nearby tissue
- Bowel obstruction
- Chronic pain
- Bowel perforation
- Mesh detachment and migration
- Mesh shrinkage
- Internal infections
- Puncture of organs and tissues
These are only a few of the injuries and illnesses associated with defective hernia mesh products.
Compensation for Victims of Hernia Mesh Injuries
One of the best indicators of how much you could be awarded can be determined by reviewing previous settlements. In 2010, the court ordered. R. Bard and Davol Inc. to pay $184 million to settle 2,600 cases involving its Kugel patch.
At this time, there are no specific ideas surrounding how much the average settlement will be for various brands of hernia mesh lawsuits. The amount of compensation that each plaintiff will be awarded will likely depend on the bellwether trials and how each class-action lawsuit is organized.
Factors Affecting Compensation
Every victim of defective hernia mesh products and devices has suffered losses differently. The average payouts for victims of hernia mesh injuries can vary widely depending on each specific patient’s injuries, complications, expected outlook, and other damages.
Some of the top factors that may be taken into account when determining how much your hernia mesh settlement is worth could include:
- “Pain and suffering” and inconvenience
- Your lost wages
- Your diminished quality of life
- Your diminished earning potential
- Loss of household services
- Mental anguish
- Scarring and disfigurement
- Loss of consortium
- Costs of ongoing medical care and treatment
If you are considering pursuing compensation through a hernia mesh lawsuit, it may be time to take action. You may be eligible for financial compensation against these manufacturers or other liable parties.
Medical Documentation Can Support Your Hernia Mesh Lawsuit
Make sure you see a doctor after suffering new injuries or medical complications following a hernia mesh surgery. Your physician can diagnose your injuries and provide key documentation that links them to a defective hernia mesh device. This will come in handy when pursuing compensation for your losses.
You will also want to see a doctor so you can get the treatment you need. The last thing you want is for your injuries to worsen. Plus, an insurance adjuster could argue that you contributed to your losses if you refuse to follow through with your prescribed treatment plan.
Statutes of Limitations May Apply to Your Hernia Mesh Lawsuit
Whether you plan on joining an existing hernia mesh lawsuit or filing one of your own, deadlines will likely apply. The sooner you get started on your lawsuit, the better you can protect your rights to compensation. If you miss the state-imposed deadline, you could see the court dismiss your case forever.
Don’t let a negligent manufacturer get away with causing your injuries or medical complications. Our hernia mesh lawsuit lawyers can help you abide by any relevant deadlines. Still, it takes time to investigate a case and gather evidence. Negotiating with insurers can also take longer than you expect.
You deserve the best chance at recovering fair compensation, so take action as soon as possible. We can discuss your case during a free, no-obligation consultation. We can answer any questions and explain how our legal team can help.
Work With a Hernia Mesh Lawsuit Attorney Today
If you were recently diagnosed with a serious medical condition relating to your hernia mesh, you may have the opportunity to pursue legal action against Bard and other liable manufacturers. Although pursuing legal action may be overwhelming, our firm can take on the legal details of your case while you focus on your treatment and your family.
Find out what legal options may be available to you after discussing the details of your case with an experienced hernia mesh lawsuit attorney at the Parrish Law Firm, PLLC. Access your free, no-obligation consultation when you call our office at (571) 229-1800 to get started on your case as soon as today.