Who Qualifies For A Hernia Mesh Lawsuit?

Hernia refers to weakness in the muscular wall of your abdomen to such an extent that abdominal tissue or the intestines protrude to the outside. This usually occurs after you undergo surgery that involves making an incision on the stomach. Medics call it laparotomy.

After a laparotomy, the cut may fail to heal properly and form an area of weakness. Pressure from within the abdomen may force abdominal tissues and organs through this weak point.

Hernia Treatment

When you suffer such a condition, the most popular treatment method involves implanting a hernia mesh to cover the weak spot and hold back your tissues and organs in place. This is a common procedure. In the US alone, more than a million hernia repair surgeries are performed every year. 

While it works effectively most of the time, there have been many cases where the implants have caused even more complications. In fact, 12-30% of all people with hernia mesh implants are at great risk of injury, so this isn’t an issue that can be ignored.

Hernia Mesh Recall

Due to those complications, several manufacturers of hernia mesh implants have been forced to recall some of their products from the market. On the other hand, victims of defective hernia mesh have successfully filed lawsuits against these manufacturers. So far, thousands of lawsuits have been filed and compensation in millions of dollars has already been paid out.

Under What Circumstances Can You File A Hernia Mesh Lawsuit?

It’s good to know whether or not you can sue hernia mesh manufacturers. Here are some of the issues that can justify your claims:

1. Defective Hernia Meshes

If the specific implant you received is from one of the brands facing a hernia mesh recall, then you can go ahead and bring legal charges against the manufacturer. Here are some of the most notable recalled products:

• Davol Composix Kugel hernia mesh by Bard
• Proceed hernia mesh by Ethicon
• C-Qur hernia mesh by Atrium
• Physiomesh hernia mesh by Ethicon
• ProLite hernia mesh patches by Atrium
• Versatex hernia mesh pates by Sofradim

2. Mesh Implant Complications

You have a right to sue if you experience some or all of the following complications related to defective hernia mesh implants:

• Certain symptoms: These include diarrhea, skin infections, aching joints, fever, headaches, and nausea. These seem minor at first glance, but they’ve been shown to be part of more complex health problems resulting from flawed hernia mesh implants.
• Adhesions: These are clusters of scar tissue that can fuse the bowel and hernia mesh together. They can result in bowel obstruction, meaning that it’ll be difficult for food to pass smoothly through your gut. You’ll then experience constipation, appetite loss, crampy abdominal pain, vomiting, abdominal swelling, and inability to pass gas or stool. In worst cases, the blocked parts of the intestine can die and cause serious problems.
• Chronic pain: When you experience abdominal pain for more than three months without signs of abating, it may be an indication of an implant gone wrong
• Autoimmune diseases: Some examples are diabetes type 1, grave’s disease, Hashimoto’s disease, inflammatory bowel syndrome, psoriasis, and rheumatoid arthritis.
• Neurological problems: Included here are seizures, paralysis, muscle weakness, poor cognitive abilities, and decreased alertness.

3. Infection Recurrence

A single hernia mesh implant is usually enough to stop abdominal tissues and organs from protruding through the abdomen wall. If your doctor recommends a revision surgery, you can use it as a legal ground for your lawsuit, especially if it’s a result of a flawed hernia mesh. Also, if you have to regularly treat any recurrent infection from hernia mesh, you qualify for a lawsuit.

4. Hernia Mesh Removal

Perhaps you require another surgery to remove a hernia mesh that was previously implanted. Although that’s not your fault, you’ll have to incur extra costs and undergo the procedure again.

The hernia mesh manufacturer should be held accountable. You can sue them so you can get compensation for the unwarranted damage.

5. Hernia Mesh Injuries

The implanted hernia mesh can cause injuries to other tissues, organs, and nerves. On top of that, the surgical wound may fail to heal properly. And in other cases, you may experience severe allergic reactions. If you find yourself with those injuries, you can consider filing a hernia mesh lawsuit.

You Deserve Compensation

Don’t suffer in silence with hernia mesh complications. The manufacturers should be made responsible for designing and manufacturing defective products and failing to warn consumers about the potential risks.

Also, failure to conduct rigorous tests before releasing the products for mass use is a big shortcoming on their part. Sue them and get compensation to help you cover medical bills and loss of income due to your health condition.