Who Can I Sue if I Suffer a Hernia Mesh Injury?
If you suffer a hernia mesh injury, you may have one or more causes of action for damages against the hernia mesh manufacturer. In some cases, patients with hernia mesh injuries may have claims against their surgeon or another medical provider. However, most claims involve allegations of negligence and wrongdoing against the hernia mesh manufacturers.
Many of the federal lawsuits are consolidated in multi-district litigation proceedings (MDLs). Thousands of hernia mesh lawsuits have been filed against several corporations/manufacturers, including:
- Atrium Medical Corporation
- C.R. Bard and Davol
- Gore Medical
- Genzyme Corporation
Other defendants may be named as parties to the hernia mesh lawsuits, including companies that acquired the hernia mesh or the original manufacturer, distributors, retailers, and other parties who may have participated in the design, manufacture, and distribution of the hernia mesh devices.
What Are the Grounds for the Hernia Mesh Lawsuits?
Many of the lawsuits allege one or more of the following grounds:
- Defective design
- Manufacturing defects
- Failure to warn and improper labeling
- Medical malpractice
Many of the federal lawsuits are included in an MDL because they contain the same causes of action and allegations of fault and liability.
Hernia Mesh Design Defects
A design defect means that the hernia mesh was inherently dangerous because of a flaw in the design. Each unit produced with that design would have the same flaw and the same risk of injury or harm to a patient.
Manufacturers and other parties may be held strictly liable for design defects. That means that the plaintiff does not need to prove the manufacturer was negligent or intended to harm patients.
The plaintiffs only need to prove:
- The defective design posed a foreseeable risk; AND;
- The hernia mesh was used for its intended purpose and according to the manufacturer’s instructions.
Plaintiffs’ attorneys call upon experts to explain how the design defect was dangerous and foreseeable. It could be that an element of the design made the hernia mesh dangerous. It could also be a product used to construct the hernia mesh posed a risk of harm to patients.
Hernia Mesh Manufacturing Defects
Mistakes and negligence during the manufacturing process can also make a medical device dangerous. If a manufacturer changes the design specifications, the hernia mesh could become dangerous to use, or it could increase the patient’s risk of injury. Using lower grade materials may also cause a manufacturing defect.
Other issues with the manufacturing process that could lead to a manufacturing defect include unsanitary facilities, poorly trained workers, and lack of oversight and quality control.
Proving manufacturing defects requires proving that the defect occurred during the manufacturing process and was the direct and proximate cause of the patient’s injuries.
Failure to Warn and Improper Labeling for Hernia Mesh Devices
Medical device manufacturers are required to include specific information in the labeling and packaging of devices. Failing to warn patients and physicians of dangers and risks could lead to a product liability claim.
Allegations against the hernia mesh manufacturers include failing to warn doctors and patients of the risks involved in using hernia mesh, while emphasizing that the hernia mesh was the best method for treating hernias. Had patients had all of the information about the risks of injury and complications, they may have opted not to use the hernia mesh.
Hernia Mesh Medical Malpractice Claims
Medical malpractice allegations claim that the surgeons performing the hernia mesh procedures implanted the devices in patients incorrectly. Some patients claim that doctors used the incorrect type or size of hernia mesh. Allegations of negligence in sealing the hernia mesh and failing to monitor patients may also be included in some lawsuits.
Proving medical malpractice requires the person to prove that the doctor owed a duty of care to the patient. The doctor breached the duty of care, and that breach caused the patient’s injuries and damages.
What Should You Do if You Are Suffering from a Hernia Mesh Injury?
Consult a medical professional about your treatment options to prevent further complications or life-threatening conditions. Seek legal advice from an experienced hernia mesh injury lawyer.
You might be entitled to compensation for the injuries and damages caused by defective hernia mesh. Damages in a hernia mesh lawsuit might include:
- The cost of medical treatment to repair or remove the hernia mesh
- The cost of medical care for the complications and injuries caused by defective hernia mesh
- Loss of income and benefits, including future wages and a decrease in earning potential
- Pain and suffering damages
- Disabilities and permanent impairments
- The cost of personal care or long-term care
The time to file a hernia mesh lawsuit is limited by statutes of limitations. It is in your best interest to speak with a lawyer as soon as possible about injuries caused by defective hernia mesh devices.