Surgery patients injured by a hernia mesh in Nevada may have a negligence cause of action against the device's manufacturer. Depending the case, the patient may be entitled to compensatory damages for:
- hospital bills and long-term care,
- lost earnings,
- loss of future earnings,
- pain and suffering, and/or
- wrongful death
Hernia mesh victims may bring a negligence lawsuit within two (2) years of the date of the injury. Defective hernia meshes can break and move through the body, causing permanent organ damage and chronic pain..
In this article, our Las Vegas personal injury attorneys answer frequently-asked-questions about hernia mesh lawsuits in Nevada, including negligence claims, standards of proof, and statutes of limitations. Click on a topic to jump to that section:
- 1. What can I do if I got injured by a hernia mesh in Las Vegas, NV?
- 2. What money can I get if I am injured by a hernia mesh in Las Vegas, NV?
- 3. Whom can I sue for my hernia mesh injuries in Las Vegas, NV?
- 4. How do I prove a hernia mesh claim in Las Vegas, NV?
- 5. When can I sue for my hernia mesh injuries in Las Vegas, NV?
- 6. What is hernia mesh used for?
- 7. Has hernia mesh been recalled?
- 8. Hernia mesh resources
Patients who suffered injuries from having a hernia mesh following surgery may be able to sue the mesh manufacturer (the defendant) for negligence. Plaintiffs in negligence lawsuits have to show four things in order to win:
- The defendant(s) owed the plaintiff a duty of care;
- The defendant(s) breached this duty;
- This breach caused the plaintiff's injury; and
- This injury resulted in damages.
A negligence lawsuit against the hernia mesh's manufacturer would allege that:
- The manufacturer was negligent by designing a defective device that causes unnecessary injuries, a higher than expected fail rate, and are more dangerous than sutures;
- The manufacturer wrongfully marketed hernia mesh as a fix for small hernias, which are more safely remedied by laparoscopic operations and stitches; and/or
- The hernia mesh moved, broke, shrank, twisted, folded, and was dislodged in the plaintiff's body, leading to internal injuries.
Consequently, plaintiffs would argue that these breaches in duty caused their injuries.
1.1. Hernia mesh injuries
The most common complications of people with hernia mesh are:
- hernia recurrence
- infection such as sepsis
- intestinal obstruction
- perforated bowels
- other organ damage
- chronic pain
- scar tissue (adhesions)
- nerve damage
- the need for reparative surgery
These complication often manifest as fatigue, bladder problems, bowel problems, discomfort, fever, and fatigue.
People injured by hernia mesh may be able to recover compensatory damages for:
- All medical bills, including revision surgeries,
- Pain and suffering,
- Lost wages,
- Loss of future earnings, and/or
Punitive damages (if applicable)
If the victim passed away from hernia mesh complications, his/her family can try to bring a wrongful death suit in an effort to recover money for doctor's bills, loss of contributions, funeral expenses, and pain and suffering.
Common evidence in hernia mesh cases include:
- The plaintiff's medical records
- Expert medical testimony that shows how the hernia mesh caused the plaintiff's injuries
- Hernia mesh promotional materials that show false or misleading claims that caused doctors to use the hernia mesh when it was not the safest option
The standard of proof in negligence cases is "preponderance of the evidence." This means that plaintiffs have the burden to show that it is more likely than not that the defendant was negligent. Learn more about proving negligence in Nevada.
There is a two (2) year window following a hernia mesh injury to bring a negligence lawsuit.
During hernia operations, surgeons may implant hernia meshes to help prevent a recurrence. It works by reinforcing the region where the hernia had been protruding. Hernia meshes consist of synthetic products and/or the tissue of animals.
6.1. Las Vegas hospitals that perform hernia mesh surgery
Some medical facilities that perform or have performed hernia mesh procedures in Las Vegas include:
- University Medical Center of Southern Nevada
- Horizon Specialty Hospital of Henderson
- Centennial Hills Hospital
- Valley Hospital
- Sunrise Hospital
- St. Rose Dominican Hospitals
Some have. C.R. Bard recalled Kugel Mesh many times back in 2005 to 2007 due to its association with tears to the bowel. In 2015, a federal judge forbade Atrium from making and distributing its mesh following several cases of infection. And more recently in 2016, Ethicon instructed doctors to return its Physiomesh Flexible Composite due to a comparatively high failure rate. Meshes with polypropylene coating have been especially problematic.
- FDA - Hernia Mesh Safety Communication
- Clinical Trials - Laparoscopic Repairs
- Wall Street Journal - Hernia Repair Secrets
Call a Nevada personal injury attorney...
Are you suffering from having had surgery with a hernia mesh? Our Las Vegas personal injury attorneys may be able to win you a substantial financial settlement to cover your medical bills, pain and suffering, and lost income. Call us at 702-DEFENSE (702-333-3673) for a FREE consultation. You pay us nothing unless we win.
- See, e.g. Scialabba v. Brandise Const. Co., 112 Nev. 965, 921 P.2d 928 (1996).
- FDA - Mesh Implants.
- NRS 11.190.
- See General Surgery News - Mesh-Free Repairs.
- See FDA - Hernia Mesh Safety Communication.