A mesh screen implant is one of the most common surgical treatments used to cure different types of hernias. For instance, groin hernia treatment using mesh-based repair in the US accounts for about 90% of all treatments since 2000. The rise in popularity of hernia mesh treatments has also seen an increase in patient complications.
The use of hernia mesh has led to various mass tort lawsuits as people seek compensation due to chronic pain, mesh movement, shrinkage, bowel obstruction, protrusion, and more. It also led to an FDA recall. The manufacturer was also forced to remove more than 211,000 units from the market between 2005 and 2019
Why You Need to File a Hernia Mesh Lawsuit
As more and more people undergo hernia repairs, you need to know the grounds for filing a lawsuit. They can include:
Manufacturing Defect
The slightest change in constructing a hernia mesh from the original material and design can lead to serious injuries. Additionally, facilities that make these devices need to maintain high sanitary standards. As a plaintiff, you need evidence to show that the hernia device had manufacturing defects. Workers involved in constructing the hernia mesh or videos showing wrong procedures in making the device would also help.
Failure to Warn
Hernia mesh manufacturers should disclose all the risks associated with their products so that patients and doctors are fully informed. However, these manufacturers mostly emphasize how well the device works and forgets about the dangers. The lack of a proper warning by the manufacturer is straightforward proof by the plaintiff. A lawyer can go through mesh instruction and packaging to show the lack of warnings. Doctors can also say it misguided them on how to use it on patients.
Defective Design
Any defectively designed hernia mesh poses a danger to patients even if they have a transparent and quality label. The manufacturer may be unaware of the issue or may choose to conceal it. In case any problems arise afterward, the manufacturer will still be held liable just the same.
Medical Malpractice
Hernia mesh may be safe, but any incorrect procedure by a medical expert, such as using the wrong size or type, can lead to complications. In this case, you can hold the doctor responsible for negligence as they did not work to their professional standards. Medical practitioners must uphold a duty of care to their patients, and the breach of this duty of care can cause injuries.
Common Hernia Mesh Complications
The use of hernia mesh can result in one of the following common complications:
- Mesh becomes dislodged or shrinks
- A hole on the neighboring organs or tissues
- Mesh blocking the bladder or bowels
- A hernia recurrence
- Chronic pain or infection at the repair site
If you experience any hernia repair complication, you need to talk to your doctor or report to the FDA. Other victims prefer to file mass tort lawsuits to receive compensation for the losses and additional medical costs. In this case, the victim should see a doctor for a complete diagnosis of any health issues resulting from the failed mesh plant. You should give your medical records to your attorney.
How to File a Hernia Mesh Lawsuit
If you decide to file a hernia lawsuit, make sure you consult a lawyer to determine your eligibility. Remember that many cases have been filled, so you need an experienced lawyer to gather the evidence you’ll need to prove your case. They will also determine the full scope of damages and fight for total compensation.
Conclusion
Remember, if you have any hernia mesh complications and proof that it caused you problems, you deserve proper compensation. You can consult a lawyer to help you with the legal procedures since these lawsuits may take time. As of December 2019, there were no settlements or verdicts in almost 8,000 hernia lawsuits.
