Question 1

What is the latest hernia mesh lawsuit update?

Accepted Answer

There are currently more than 17,500 product liability lawsuits pending in a Bard hernia mesh MDL (multidistrict litigation), which is centralized in the U.S. District Court for the Southern District of Ohio. The U.S. District Judge presiding those claims pending against C.R. Bard in the federal court system has released a pretrial schedule for various deadlines leading up to the next bellwether trial, which is set to go before a jury in February 2023.

Question 2

Why are there so many lawsuits about hernia mesh?

Accepted Answer

Manufacturers of hernia repair mesh have an obligation to adequately research their products and warn about risks associated with their device. In recent years, a number of specific hernia mesh products have been linked to high rates of complications, including:  Hernia Repair Failure Infections Protrusions or Movement of the Mesh Internal Injuries Revision Surgery to Remove the Hernia Mesh Other Hernia Repair Complications

Question 3

Who qualifies for a hernia mesh lawsuit?

Accepted Answer

there are several qualifications that need to be met. In general, if you underwent a hernia mesh repair surgery or required hernia mesh during a surgical procedure, and you suffered significant pain, infection, or other injuries or illnesses, you may have a rightful claim to financial reparation.

Question 4

Is the hernia mesh lawsuit still going on?

Accepted Answer

Several hernia mesh manufacturers and hernia mesh brands have been involved in lawsuits due to allegations of defective products and resulting injuries. Some of the manufacturers and brands that have faced legal action include:  Ethicon (a subsidiary of Johnson & Johnson): Ethicon is one of the prominent manufacturers of hernia mesh products. Their brands, such as Physiomesh and Proceed, have been subject to lawsuits alleging product defects and complications. Bard/Davol (a subsidiary of C.R. Bard): Bard/Davol is another well-known hernia mesh manufacturer of hernia mesh medical devices. Bard hernia mesh products, such as Ventralex, Composix, and PerFix, have become subjects of Bard hernia mesh lawsuits, as these brands face allegations of design defects and resulting injuries. Atrium Medical Corporation: Atrium manufactures various hernia mesh products, including C-QUR mesh. Their mesh implants have been implicated in lawsuits involving serious complications such as infections, adhesions, and mesh failures. Covidien/Medtronic: Covidien, now a subsidiary of Medtronic, produces hernia mesh devices like Parietex. These products have been the focus of legal action alleging defects and resulting injuries.

Question 5

What hernia mesh products have been recalled?

Accepted Answer

Some hernia mesh products that have been recalled or faced significant safety concerns in the past include:  Ethicon Physiomesh: In May 2016, Ethicon issued a worldwide voluntary recall of its Physiomesh composite mesh due to higher-than-average rates of hernia recurrence and reoperation. Atrium C-QUR Mesh: Atrium Medical Corporation faced concerns regarding its C-QUR mesh products. While there wasn’t a complete recall, the FDA issued a Class II recall of this hernia mesh product in 2013 due to packaging issues and concerns over sterility. Bard Ventralex ST Hernia Patch: In 2005, C.R. Bard recalled specific lots of its Ventralex ST hernia patch due to the potential for delamination, where the layers of the mesh can separate, leading to serious complications.

Question 6

What is the Time Limit for a Hernia Mesh Lawsuit?

Accepted Answer

Every state has its own statute of limitations for which an abdominal hernia mesh lawsuit can be filed to seek compensation. Typically, in the majority of state courts, this time limit to initiate legal action is limited to approximately one to two years from the point at which the individuals affected by hernia mesh injuries become aware of their specific harm caused by the hernia mesh.

Question 7

What Injuries Can Lead to a Hernia Mesh Lawsuit?

Accepted Answer

A variety of injuries and complications resulting from hernia mesh implants can potentially lead to a mesh lawsuit. Some common injuries that may warrant legal action include:  Chronic Pain: Persistent and debilitating pain in the abdominal or surgical site, which may hinder daily activities and quality of life. Infections: Recurrent or severe infections at the site of the hernia mesh implant, often requiring additional medical intervention and treatment. Mesh Erosion: The hernia mesh implant may erode or migrate from its intended position, causing damage to surrounding tissues, organs, or blood vessels. Adhesion Formation: Abnormal tissue connections or adhesions can develop between the mesh and nearby structures, potentially leading to pain, bowel obstruction, or other complications. Hernia Mesh Failure or Complications: This includes hernia mesh shrinkage, mesh folding or wrinkling, mesh detachment, or other issues that compromise the effectiveness of the hernia repair. Organ Perforation: In some cases, a defective hernia mesh implant may puncture or perforate organs, leading to severe pain, infection, and the need for further surgical intervention. Allergic Reactions: Some individuals may experience allergic reactions or hypersensitivity to the materials used in the hernia mesh implant, resulting in inflammation, chronic pain, or other complications.

Question 8

What is the Average Payout for the Hernia Mesh Lawsuit?

Accepted Answer

A hernia mesh lawsuit average payout can vary greatly, making it challenging to estimate the value of a specific case without a consultation. Numerous hernia mesh lawsuits have been settled, while many others are still awaiting resolution. Hernia mesh lawsuit settlements can range from $50,000 to as high as $1 million, depending on the severity and extent of the injuries involved.

Question 9

What Factors Affect Hernia Mesh Lawsuit Settlement Amounts?

Accepted Answer

Several factors can influence hernia mesh settlement amounts. While each case is unique and outcomes can vary, the following are common factors that can impact a hernia mesh lawsuit average payout amount:  Severity of injuries: The extent and severity of the injuries caused by the defective hernia mesh are a crucial consideration. Severe complications, chronic pain, permanent disabilities, and the need for extensive medical treatments often result in higher hernia mesh lawsuit settlement amounts. Medical Expenses: The financial costs associated with hernia mesh surgery, hospital stays, medications, and ongoing care are significant factors in determining settlement amounts. Higher medical expenses often lead to larger settlements. Lost Wages & Income: If the injuries from the hernia mesh have caused the plaintiff to miss work or experience a diminished earning capacity, the potential income loss is considered when determining the settlement amount. Pain & Suffering: Compensation for physical pain, emotional distress, mental anguish, and a diminished quality of life due to the hernia mesh complications is a significant factor in settlement negotiations. Liability & Strength of the Case: The strength of the evidence and legal arguments against the hernia mesh manufacturers or other liable parties can influence the settlement negotiation process. Hernia mesh cases with substantial evidence may result in a higher settlement offer. Individual Circumstances: Each individual’s unique circumstances, including their age, pre-existing health conditions, and the impact of the injuries on their daily life, are taken into account when assessing the hernia mesh settlement amount.

Question 10

How Long Does it Take to Settle an Abdominal Hernia Mesh Lawsuit?

Accepted Answer

The time required to settle hernia mesh litigation varies based on factors such as case complexity, pretrial proceedings, settlement negotiations, court schedules, and individual circumstances. As a result, it is challenging to provide an exact timeline.  Some hernia mesh cases may conclude within months, while others can extend for several years. Consulting with a hernia mesh lawyer is essential to gain a better understanding of the potential timeframe specific to your case.

Question 11

Is there a hernia mesh class action lawsuit?

Accepted Answer

Thousands of individual hernia mesh lawsuits filed against manufacturers are being handled through a legal process known as multidistrict litigations (MDLs). MDLs are designed to efficiently process a large number of lawsuits that share common issues.  In the case of hernia mesh, several MDLs have been established to address claims against different manufacturers. Hernia mesh multidistrict litigations have been formed to handle lawsuits against the following manufacturers and their brands of hernia mesh products.

Question 12

Is there a bard hernia mesh lawsuit?

Accepted Answer

Bard hernia mesh lawsuits claim that many of the surgical mesh products contain defects that make the mesh prone to failure, and the need for revision surgery within a few years.  Some of the surgical mesh products named in Bard hernia mesh lawsuits include;  3D Max Kugel mesh Ventralex Composix PerFix Ventrio Visilex Other Bard brands

Question 13

Is there an Ethicon hernia mesh lawsuit?

Accepted Answer

Due to a rising number of Ethicon hernia mesh lawsuits filed in the wake of the recall, the JPML centralized all Ethicon hernia mesh claims filed throughout federal courts in the Northern District of Georgia before U.S. District Judge Richard Story.  Some of the Ethicon hernia mesh brands named in lawsuits include;  Physiomesh Mesh Proceed PHS Prolene 3D Prolene Hernia System

Question 14

Is there a Covidien hernia mesh lawsuit?

Accepted Answer

Given common questions of fact and law raised in complaints filed in U.S. District Courts nationwide, the U.S. Judicial Panel on Multidistrict Litigation decided to centralize the Covidien hernia mesh lawsuits in June 2022, transferring all cases to U.S. District Judge Patti B. Saris in the District Judge in Massachusetts, for coordinated discovery and a series of early trial dates.  Each of the lawsuits involve similar allegations, indicating that plaintiffs experienced complications after receiving defective polypropylene hernia mesh products sold in recent years, including but not limited to;  Parietex Composite Parietex ProGrip Parietex Plug and Patch Symbotex

Question 15

Is there an Atrium C-Qur Hernia Mesh Lawsuit?

Accepted Answer

Following a growing number of Atrium C-Qur hernia mesh lawsuits filed throughout the federal court system, the cases were centralized in the U.S. District Court for the District of New Hampshire in December 2016, where Judge Landya McCafferty has been presiding over coordinate discovery and pretrial proceedings.  Some of the Atrium hernia mesh products named in lawsuits filed in the Atrium Medical Corp. C-Qur Mesh Products Liability Litigation include;  C-Qur C-Qur Mosaic C-Qur Edge C-Qur FX Mesh C-Qur TacShield C-Qur Lite Mesh V-Patch C-Qur Mesh V-Patch Atrium C-Qur Centrifx

Topic Archives: Hernia Mesh

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