When you undergo a procedure or receive an implanted device as part of a treatment for whatever your condition may be, you put your trust in the manufacturers of that medical device to keep you safe and free from harm. Unfortunately, this is not always the case and some medical devices may not only be defective, but actually cause adverse health outcomes that put your life at risk. In the case of hernia mesh, lawsuits claim that the medical device was designed improperly, causes additional health complications, and that the manufacturers have not sufficiently warned consumers and medical professionals of the risks. At the Holman Law Firm, we are dedicated to helping our clients who have suffered at the hands of big manufacturing companies and advocating on your behalf in a court of law. If you have used hernia mesh and have suffered from additional need for surgeries, infections, or other health complications, read below to learn more or call the Holman Law Firm at 850-435-6909 to schedule a consultation.
What is Hernia Mesh and What Are the Associated Complications?
Hernia mesh is a medical device used as treatment of and correction for abdominal wall hernias which often require surgery. It’s important to note that it is not required to use a hernia mesh product to repair an abdominal hernia, doctors can use other non-synthetic materials like biological mesh that pose much less of a risk for complications to the patient.
The unfortunate truth is that many of the synthetic mesh products used to correct hernias that we see on the market today were rushed to market using the 510k clearance process offered by the U.S. Food and Drug Administration. This means that these synthetic hernia mesh products were not properly manufactured and kept to the proper standards and were not sufficiently studied before use began on real patients.
Common Symptoms and Defects
Many of the issues that have come to light regarding hernia mesh are due to the fact that many synthetic mesh devices utilize materials that harden, move, or shrink in a way that causes damage to your bowels or nerves and requires additional surgery. Additionally, the manufacturers of hernia mesh do not properly disclose the risks associated with use, including infections and poor reactions to the coatings used on the device, contraction of mesh and tissue, hardening of the mesh, habit of the mesh to move, and mesh rejection from the body. Aside from these undisclosed risks for use of the hernia mesh device, common adverse health effects of the mesh include infection, adhesion in the intestines, obstructions in the intestines, severe nerve damage, pain, recurring hernias, and the need for additional surgeries to fix issues brought on by the hernia mesh.
If you have had hernia mesh used to correct a hernia, make sure to look out for the following symptoms and side effects:
- General fatigue
- Irritable bowels
- Urinary issues (repeated urination, pain, etc.)
If or when you have your hernia mesh removed in surgery to correct your symptoms, it’s incredibly important to make sure that your healthcare provider keeps your hernia mesh. This serves as evidence for your case that the manufacturer knowingly sold and marketed defective medical devices.
Previous Lawsuits With Hernia Mesh Manufacturers
While there have not been mass tort cases against all hernia mesh manufacturers, there has been a very successful settlement reached with Kugel Mesh for their hernia mesh device. The Kugel Mesh medical device was recalled in 2005, 2006, and 2007, and in 2011 the manufacturer settled their case for $184 million. Similar to the cases built against hernia mesh, there have been thousands of claims filed against manufacturers of synthetic vaginal mesh medical devices. Over time, the vaginal mesh that was meant to treat incontinence disintegrated and caused pain, damage to patients’ organs, and the need for continuous surgeries. With the thousands of suits filed against these companies, a collective $3 billion was settled.
What Damages Could You Be Entitled to After Joining a Lawsuit Against Hernia Mesh Manufacturers?
As is the case with all personal injury cases, the amount you receive in damages depends on the extent and severity of your injuries or conditions. In the case of hernia mesh, the severity of your situation will influence your settlement. Here at the Holman Law Firm, we are dedicated to fighting in court on your behalf to try and receive a settlement that includes:
- Any past medical expenses you incurred as a result of your condition
- Any future medical expenses you incurred as a result of your condition
- Wages you lost as a result of your condition (if this applies)
- Punitive damages
- Past and potential pain and suffering (both mental and physical) that is a direct result of your condition
If you have received hernia mesh as a treatment during surgery for a hernia and have suffered adverse health outcomes as a result, you should consult with an experienced mass tort attorney to help determine your next steps. If you are interested in having your case evaluated and learning more from a professional attorney, please don’t hesitate to call the Holman Law Firm at 850-435-6909 to schedule a consultation.
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