What to Know Before Filing a Hernia Mesh Lawsuit
Hernia mesh has been associated with many complications and health issues. In fact, research now shows that hernia mesh may ultimately do more harm than good. Mesh products are prone to migrating, shifting, and/or shrinking in the body after surgery. As a result, many hernia mesh patients suffer from hernia recurrences, chronic pain, organ perforation, and infection. It’s common for hernia patients to require additional surgeries to replace the defective mesh and repair any internal injuries.
Have you had a hernia mesh implant? You may have the right to file a hernia mesh lawsuit if you have suffered any adverse health issues after surgery. Contact Rosen Injury Lawyers to schedule a free consultation with our legal team. We will help you fight for the compensation you deserve.
How Did I Get a Defective Hernia Mesh Device?
Many hernia mesh manufacturers – including Bard and Atrium – were able to get defective mesh products on the market by using the FDA’s popular 510(k) approval process. The 501(k) process allows companies to skip important safety testing requirements if similar products have already been approved for use by the FDA. All manufacturers have to do is demonstrate that the new product is substantially equivalent to, or at least as safe and effective as, a product that’s already for sale.
When a hernia mesh device gets fast-track approval, companies can begin to market the new device. There’s no requirement to put the mesh through clinical trials or have the FDA take a closer look. As a result, defective mesh products found their way into operating rooms and patient abdomens.
What Do I Need To Know Before I File a Hernia Mesh Lawsuit?
Are you thinking about filing a hernia mesh lawsuit? Here’s what you’ll need to know before you get started.
What Hernia Mesh Device Do You Have?
All hernia mesh products aren’t created equally. Different devices are associated with different risks and complications. There are also several different hernia mesh manufacturers. Rosen Injury Lawyers can help you determine the specific hernia mesh device that was used in your hernia repair surgery.
Popular hernia mesh products include:
- Atrium C-Qur
- Atrium ProLite Mesh
- Bard Composix Kugel Mesh
- Bard Ventralex Mesh
- Bard Marlex Mesh
- Bard 3D Max Mesh
- Bard Ventralight
- Covidien Parietex Surgical Mesh
- Covidien Parietex Composite Mesh
- Covidien Parietex ProGrip Mesh
- Ethicon Proceed Mesh
- Ethicon Physiomesh
- Ethicon Ultrapro Advanced, and
- Gore-Tex DualMesh
Once we’ve identified the specific mesh that was used in your hernia surgery, we will begin to help you gather the evidence you’ll need for your case.
Was Your Hernia Mesh Recalled?
Several hernia mesh products have been recalled by manufacturers and the FDA. A recall can be a red flag and indicate that a device may be unsafe for use in hernia repairs. The fact that a hernia mesh manufacturer recalls a product will not limit their liability if you decide to file a lawsuit. Companies can still be held fully accountable for injuries caused by their defective products.
You can file a hernia mesh lawsuit even if your device hasn’t been recalled. Recalls are often voluntary and done at the discretion of a medical device company. Other times, the FDA will issue a recall if there is overwhelming evidence of adverse effects. It’s very possible that your device is defective or unreasonably safe, but hasn’t been recalled by the company.
Which Company Manufactured Your Hernia Mesh Device?
You’ll need to know which company manufactured your hernia mesh so that you know who to name as a defendant in your lawsuit. Once Rosen Injury Lawyers identified the type of mesh you have, finding the manufacturer should be fairly straightforward.
Leading hernia mesh manufacturers include:
- Cook Medical
- C.R. Bard
- Gore Medical
- Johnson & Johnson
- Medtronic, and
Need help determining which company manufactured your hernia mesh implant? Contact Rosen Injury Lawyers to speak with our experienced legal team. We’ll help gather the information needed to identify the manufacturer.
When Was the Date of Your Surgery?
The details of your surgery can play a huge role in your hernia mesh lawsuit.
Rosen Injury Lawyers will help you determine:
- The date of your surgery
- The location of your surgery
- The name of your hernia repair surgeon, and
- Names and titles of others involved in your medical care.
Statute of Limitations in Mesh Lawsuit – When Did You Learn That You Were Injured?
When did you first begin to notice side effects or complications after your surgery? More importantly, when you learn that your hernia mesh device may have been responsible for your injuries? Do your best to pinpoint this specific date; it will be very important for your hernia mesh case.
The statute of limitations provides a limit to the amount of time you have to file a hernia mesh lawsuit. Hernia mesh cases fall under the umbrella of product liability matters. In product liability cases, the statute of limitations can begin to run once you were injured or discovered that you’ve been injured.
State law will set the specific amount of time you’ll have to file your claim. In most cases, you must file your hernia mesh lawsuit within one to two years of the date you learned that the hernia mesh device caused your injury.
What happens if you don’t file your claim before the statute of limitations expires? Courts will refuse to hear your case. As a result, you can be prohibited from getting the compensation you deserve.
You can protect your rights by contacting an experienced hernia mesh attorney as soon as you begin to notice complications after surgery. Call our law firm today to protect your rights.
Are You Eligible to File a Hernia Mesh Lawsuit?
Only an experienced hernia mesh attorney will be able to tell you if you have a legitimate case. However, you may have the right to sue a hernia mesh manufacturer if:
- You’ve had a hernia repair surgery
- You received a hernia mesh implant, and
- You’ve suffered adverse health issues and/or required a second surgery
Do you have a hernia mesh case? Contact Rosen Injury Lawyers for your free, no obligation consultation. Our skilled attorneys will carefully review your case, explain your rights, and answer any questions you have.
MDLs and Hernia Mesh Lawsuits
Hernia mesh is widely used in surgical procedures across the country. In fact, the FDA estimates that hernia mesh is used in up to 90 percent of all hernia repair operations. That puts a lot of patients at risk if a defective device is used. In turn, that opens the doors for thousands and thousands of hernia mesh lawsuits.
Courts can get bogged down and overwhelmed when they get flooded with hernia mesh lawsuits. Many hernia mesh cases are based on similar products and issues. When this happens, those cases can be consolidated into what is known as Multi-District Litigation, or MDL.
With an MDL, similar cases are combined to be heard in a single court. One judge is assigned to oversee all of the individual cases. Unlike when you join a class action lawsuit, your lawsuit remains separate from the others. Your award will be your result and depend on the facts in your particular situation.
MDLs typically involve what is known as a “bellwether trial.” A bellwether trial is a way to test the waters and see how the jury responds to the evidence in the litigation. A bellwether trial can be used to establish the value of hernia mesh cases and determine whether or not the remaining lawsuit are likely to be successful in front of a judge or jury.
The result of bellwether cases in your MDL can have a huge impact on your case. If the bellwether trial is successful for another plaintiff, you’ll probably have a great shot at getting the compensation you deserve. If the bellwether isn’t successful, it can give your attorney time to restructure your case and argue things a bit differently.
Contact Our Experienced Hernia Mesh Attorneys
Some hernia mesh manufacturers put defective products on the market and failed to warn patients about potential risks. You have the right to seek compensation if you’ve been injured by a defective mesh device. Thousands of patients have already filed lawsuits against hernia mesh companies.
Contact Rosen Injury Lawyers if you want to learn more about filing a hernia mesh lawsuit. Our attorneys have successfully recovered hundreds of millions of dollars on behalf of patients injured by defective hernia mesh products. Our goal is to help you get the money you deserve. Call today for your free, no obligation consultation.