By Joe Fantini December 20, 2019

Hernia mesh devices are used in a lot of hernia repair surgeries. Doctors rely on them to help strengthen the abdominal wall and minimize the risk of a hernia recurrence. However, hernia mesh doesn’t appear to be as safe as medical device companies once claimed.

That’s supported by the fact that these manufacturers are facing thousands of lawsuits. According to a report issued by a U.S. Judicial Panel on Multidistrict Litigation, there were 6,048 hernia mesh injury lawsuits pending in federal court as of June 2019. Another 7,500 have reportedly been filed in state courts. That number is likely much higher today.

Which Hernia Mesh Manufacturers Are Being Sued?

Several different hernia mesh manufacturers are being sued over complications and defects related to many different hernia mesh devices. However, three companies account for the defendants in the vast majority of these lawsuits.

C.R. Bard

As of June 2019, C.R. Bard, and its subsidiary Davol, were named in 2,478 federal hernia mesh lawsuits. Why? Most of these lawsuits involve Bard’s polypropylene mesh patches. These include the Ventralex, Perfix, and Composix.

The first of the Bard hernia mesh trials is scheduled to begin in Ohio in May of 2020.

Ethicon

According to the report, Ethicon is named in 2,167 federal hernia mesh lawsuits as of June 2019. Those lawsuits involve Ethicon’s Physiomesh Flexible Composite hernia mesh device. Studies revealed that Physiomesh is associated with a higher-than-normal rate of hernia recurrence.

Physiomesh lawsuits are consolidated in an MDL in Georgia.

Atrium

Atrium, a leading hernia mesh device company, was named in 1,403 hernia mesh lawsuits in United States federal courts. These lawsuits mostly involve the company’s C-Qur hernia mesh, which reportedly adheres to the intestines after surgery. Atrium has been accused of deviating from acceptable medical device manufacturing processes, putting patients at risk.

Atrium C-Qur lawsuits are pending in an MDL in the United States District Court in the District of New Hampshire.

Why Are People Filing Hernia Mesh Lawsuits?

No two hernia mesh devices are the same. Companies have developed different ways to design and manufacture the surgical implants. However, few of those designs seem to be safe. As you can see, many devices are associated with a host of adverse health issues and side effects. Many hernia patients who have received a mesh implant have been required to have a second surgery – known as revision surgery – due to mesh complications.

Commonly reported complications include:

Hernia mesh complications can have devastating immediate and long-term consequences. It’s important to seek medical attention immediately and then reach out to an experienced hernia mesh injury lawyer to learn about your legal options.

How Do I Know If I Have a Hernia Mesh Case?

If your answer to the following questions is “yes,” then you might have grounds to file a hernia mesh lawsuit.

It can be helpful to determine if your hernia mesh implant has been recalled. You can perform a search on the FDA’s website. A recall does not mean that a lawsuit will be successful, but it can help to guide your decision by identifying issues related to your surgical mesh patch.

Is It Too Late to File a Hernia Mesh Lawsuit?

No. Just because thousands of federal hernia mesh cases have been consolidated into multidistrict litigation doesn’t mean you can’t still initiate a claim. Additional lawsuits can be added to existing MDLs, so long as they have one or more facts in common with the other cases. It’s important to consult with an attorney who has experience representing clients in hernia mesh cases, as they’ll be able to tell if you have a legitimate claim for damages. Your attorney can advise you about your legal options and help you decide which course of action is most appropriate for your particular case.