Consumers who have suffered medical complications caused by hernia mesh implants are lining up to sue big pharma companies. Manufacturers of surgical mesh implants that surgeons sometimes use to repair hernias are facing thousands of lawsuits. Defendants in the line of fire include C.R. Bard, Johnson & Johnson/Ethicon, and Atrium, among others.
The basis for many of these suits is that consumers were not warned of the dangers and risks associated with these medical devices before surgery.
If you or a loved one underwent a hernia repair surgery in which surgeons placed a surgical mesh implant as part of the process, you may be eligible to receive compensation from the mesh manufacturer.
An Arizona hernia mesh lawsuit lawyer for surgical class action lawsuits from Zanes Law will do everything from A to Z to help you recover the damages you need and deserve. Call us today for a free case review: 866-499-8989.
Complications from Hernia Surgical Mesh Implants
Doctors use surgical hernia mesh in hernia repair surgery to strengthen or reinforce damaged or weakened tissues. The medical devices are made using either natural or synthetic materials. The use of synthetic-based mesh grew in popularity throughout the 1980s and 1990s, but a growing number of consumers are reporting serious complications tied to the synthetic meshes.
In 2005, the U.S. Food and Drug Administration (FDA) started to recall certain defective hernia mesh products, citing various problems with the products, including packaging errors and physically harmful detrimental effects.
Consumers reported numerous severe side effects after receiving hernia mesh implants. These injuries include:
- Severe pain
- Mesh migration
- Bowel blockage
- Tissue fusion
- Skin rash
- Organ perforation
- Hernia recurrence
- Neurological changes
- Mesh shrinkage
Will there be a Class Action Lawsuit?
It’s possible. With an issue as largely contested as this, courts cannot address the thousands of cases that have been filed individually. Instead, the court consolidates the cases and chooses several cases among them as bellwether cases.
The cases may be tried, but the hope is that the involved parties will reach an agreed-upon global settlement. If this settlement is not reached, the cases will be heard at trial in each plaintiff’s home state.
Bellwhether Trials Set Against Hernia Mesh Manufacturers
Thousands of cases have been filed in Rhode Island state court against mesh manufacturer Bard. These cases are proceeding to bellwether trials, a precursor to a mass tort action. A bellwether trial serves as a test case wherein several lawsuits from a large group of lawsuits on the same contested issue are consolidated. Plaintiffs test their arguments and use the outcome of the trial to determine whether they will press on with further litigation on the other lawsuits in the group or settle their claims.
With an issue as largely contested as hernia meshes, courts cannot address the thousands of cases that have been filed individually. Instead, the court consolidates the cases and chooses several cases among them as bellwether cases. The cases may be tried, but the hope is that the involved parties will reach an agreed-upon global settlement.
If this settlement is not reached, the cases will be heard at trial in each plaintiff’s home state.
Multidistrict Litigation Cases Against Mesh Manufacturers
In addition to the Rhode Island bellwether trials, claims against C.R. Bard and corporate subsidiary Davol are appearing as federal Multidistrict Litigation (MDL) cases in the United States District Court for the Southern District of Ohio. These cases argue that the company produced a defective synthetic hernia mesh that injured patients.
Hernia Mesh Products that are Appearing in Lawsuits
Hernia mesh cases are appearing in courts across the United States, with Bard and other manufacturers as defendants. To date, the following products have been the subject of these cases:
- Bard: PerFix, 3DMax, Marlex, Kugel, Composix, Ventralex, Ventrio, Sepramesh and Ventralight product lines
- Johnson & Johnson/Ethicon: Physiomesh, Proceed, PHS and Prolene 3D product lines
- Atrium: C-Qur and Proloop product lines
- Covidien: Parietex product line
Plaintiff’s Arguments in Hernia Mesh Lawsuits
The plaintiffs in the lawsuits against hernia mesh manufacturers are basing their claims on the arguments that the medical device manufacturers:
- Did not adequately test the medical devices before allowing them on the market
- Made and distributed defective products
- Intentionally cloaked the risks of their medical devices
- Mispresented the safety and effectiveness of their mesh hernia repair products
How Doctors Surgically Repair Hernias
When a physician opts to perform surgery on a hernia, rather than applying the “watchful waiting” method to see if the hernia increases in size or starts to cause complications, they can choose from two types of surgery: laparoscopic and open repair.
- Laparoscopic – The surgeon repairs the hernia through several small incisions. This surgery may or may not use surgical mesh.
- Open-Repair – The surgeon repairs the weak muscle area through an incision near the hernia. Surgical mesh may or may not be used to reinforce the tissue. If the surgeon uses sutures and no mesh, the open repair is called a “primary closure.”
How Hernia Meshes are Used in Hernia Repair
The purpose of hernia mesh medical devices is to reinforce weakened tissue after the hernia repair. This reinforcement should cut down on hernia recurrence, as well as the time required for both the operation and recovery.
The surgeon can choose from different types of meshes, each of which stays in the body for a different length of time. Non-absorbable meshes are used with the intention of permanently reinforcing the repaired hernia. They are considered permanent implants. Absorbable mesh degrades with the passage of time. Surgeons may choose to use this type of mesh temporarily, only as long as it takes for new tissue to grow in the area that needs to be strengthened.
FDA thinks there Could be a Better Way
The FDA issued a statement that although surgical meshes are currently “the system of choice for hernia repair,” and offer a “lower rate of recurrence,” the agency believes that hernia mesh is not the “optimum method” of hernia repair. The agency further suggests that improved biocompatibility would move these medical devices closer to the ideal.
Surgical Mesh Recalls
A high number of surgical mesh complications stem from recalled medical devices, the FDA reports. Among the most common complications arising from recalled mesh products are pain, infection, hernia recurrence, adhesion, obstruction, and perforation.
The agency further encourages health care professionals to report all negative events connected to hernia surgical mesh implants.
Zanes Law Can Represent You in Your Hernia Mesh Lawsuit
The hernia mesh lawsuit lawyers for surgical class action at Zanes Law can help you manage your participation in a surgical hernia mesh class action lawsuit. For a free case review, call 866-499-8989.