Hernia mesh, or surgical mesh, is a medical device that supports damaged tissue around hernias as it heals.
Everything You Must Know About Hernia Mesh
Hernia Mesh Lawsuit Brief
2020 promises to be a busy and eventful year in product liability litigation against hernia mesh manufacturers. There are several bellwether cases in multidistrict litigation that are scheduled to begin trial in 2020.
The defendants are fighting these cases and have not settled them or conceded any type of liability. These bellwether cases are crucial because there is a large number of potential cases yet to be filed in hernia mesh lawsuits. Millions of surgeries have relied upon the implant, and the failure rate is estimated as high as 12-30%. Moreover, many of the plaintiffs do not realize until years after the surgery that they were injured because some of the mesh implants can take time to erode.
Bellweather Hernia Lawsuit Trails: An Indication of What is to Come
In the event that plaintiffs win any of the bellwether trials, it is likely that there will be a large increase in hernia mesh lawsuits in the U.S. There is little legal track record of these cases thus far as many of them have been filed since 2017 and have not yet gone to trial. Many of the cases against the hernia mesh manufacturers allege some or all of the following in their lawsuit:
Hernia mesh products are defective because they tend to shrink, shrivel and migrate, causing damage to internal organs. Hernia mesh products are defective because they tend to fail, causing the need for additional surgeries. These products are defective because patients can suffer infections causing the need to remove the mesh. Hernia mesh manufacturers knew of the dangers of these products but failed to warn the public.
There are four major makers of hernia mesh in the U.S. They are C.R. Bard, Johnson & Johnson’s Ethicon subsidiary, Atrium Medical Corp. and Medtronic’s Covidien subsidiary. Below is an update where each of the series of lawsuits against the four manufacturers stands.
If you have had a hernia mesh surgery and are experiencing pain, make sure to do the following:
See a doctor immediately to get treatment for your health issues. This is important because the statute of limitations begins to run when you knew or should have known about the possibility that you have been injured. Hernia mesh manufacturers have been very aggressive in trying to find any way that they can to get cases thrown out of court and dismissed.
Make sure to document everything about your health condition and the damages that you have suffered.
Take steps to verify the exact type of hernia mesh that you received and the manufacturer of that product.
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