Hernia mesh lawsuits claim that these medical devices have a high failure rate and that they are cause for
- bowel obstruction
- organ perforation
- scar tissue
- chronic pain, and — among many other complications —
- the need for additional surgeries.
If you have been injured by a defective mesh product, you may be eligible to file a claim or lawsuit for compensation. You should know, too, that if you have been injured by a hernia mesh device, you are not the only one. There have already been significant lawsuits settled for these types of implants. Currently, there are thousands of lawsuits pending throughout the United States. And it is expected more lawsuits will be filed in the coming years. You can learn about some of these lawsuits here.
- 1. What are some lawsuits that have already settled?
- 2. What are some lawsuits now pending?
- 3. What do you need to prove your lawsuit?
- 4. How long do you have to file a lawsuit?
- 5. What should you do today is you suspect your injuries after hernia repair surgery is due to a defective implant?
Lawsuits date back to 2007 where the first 150 cases were brought against Bard Davol’s Kugel Patch. Eventually, those cases were consolidated into hernia mesh multidistrict litigation (MDL) in Rhode Island federal court, growing to include approximately 3,000 cases. Bard settled for $184 million in June 2011. In Canada in 2014, Bard settled a class action lawsuit for $1.375 million.
There are currently thousands of lawsuits pending. Of note are the 1,7000 consolidated lawsuits pending in federal MDLs, targeting Atrium C-QUR Mesh and Ethicon Physiomesh Flexible Composite Mesh.
There are, however, other lawsuits targeting four manufacturers and around 18 hernia mesh products.
- C.R. Bard
- Atrium C-QUR
- Atrium C-QUR Edge V-Patch
- Atrium C-QUR Lite V-Patch
- Atrium C-QUR OVT
- Atrium C-QUR RPM
- Atrium C-QUR TacShield
- Atrium C-QUR V-Patch
- Atrium C-QUR Mosaic
- C.R. Bard PerFix Plug and PerFix Plug Light
- C.R. Bard 3DMax
- C.R. Bard Ventralex Patch
- C.R. Bard Ventralex ST
- C.R. Bard Sepramesh IP Composite
- C.R. Bard Composix E/X Mesh
- Covidien Parietex Surgical
- Covidien Parietex Composite
- Covidien Parietex ProGrip
- Ethicon Physiomesh Flexible Composite
Proving your lawsuit entails many different aspects. For most hernia mesh implant lawsuits, the defendant is usually the manufacturer. The four basic elements needed for a successful lawsuit include:
- The manufacturer (or another defendant) owed a duty of care.
- The duty of care was breached via the defective product (e.g., defective manufacture, defective design, defective marketing).
- The injury resulted from the defective product.
- The injury resulted in quantifiable damages.
See our article about identifying a hernia mesh make and model.
The time you have to file the lawsuit is dependent on the jurisdiction or state where you will likely file your lawsuit. Most states have a two- to three-year time frame from the time the injury occurred or the time it was discovered. Some states, however, have a longer statute of limitations that can go up to 11 years.
Time is an important factor because once the statute of limitations expires, you are barred from filing a claim.
5. What should you do today if you suspect your injuries after hernia repair surgery are due to a defective implant?
If you believe you are the victim of a defective mesh implant, first speak with your doctor. Only after you have sought medical attention, seek an experienced personal injury attorney who can competently address your questions and advise you of your options. We can discuss key things to know before bringing a hernia mesh lawsuit.
Remember: compensation awarded after a successful lawsuit can help you and your loved ones financially. It is important, therefore, to speak to personal injury lawyers who have experience with medical device lawsuits. These manufacturers have a department of legal personnel who are aggressive and strategic. Their main goal is to protect the company’s bottom line, not your health or well-being. Our priority is and always will be you, your health, and fair and just compensation. You can contact us 24/7.
Also see our article about filing a hernia mesh lawsuit in California.