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Hernia Mesh Lawsuit

Hernia Mesh Lawsuit

C.R. Bard paid settlements in thousands of hernia mesh lawsuits a few years ago. Recent lawsuits involve injuries from mesh patches that were pulled off the market, such as Ethicon Physiomesh and Atrium C-QUR Mesh.

What You Can Do & How We Can Help

The Schmidt Firm, PLLC is currently accepting hernia mesh induced injury cases in all 50 states. If you or somebody you know has been injured by complications of hernia surgery, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.

What is Hernia Mesh?

Hernia mesh is used to patch hernias, which are tissues that bulge outward through a weak spot in the body and can only be repaired surgically. Most surgeons use a mesh patch to improve the odds of permanently plugging the hernia. Mesh is used in over 50% of the 1 million hernia surgeries in the U.S. per year.

Types of Hernia Mesh

There are many types of hernias and surgical techniques to repair hernias. Mesh can be permanent or absorbable. It can be synthetic (polypropylene) or biological tissues from animals. Some hernia patches are coated in fish oil (Omega-3) or Monocryl (poliglecaprone). These coatings are intended to prevent side effects like infections, inflammation, and scar-tissue, but they sometimes cause allergic reactions.

Why Use Hernia Mesh?

Mesh patches are stitched inside the patient’s body to reinforce weak tissues or close a hole in the muscle. This helps prevent the hernia from re-opening (called “recurrence”) and needing another surgery.

What is the problem?

Hernia mesh reduces the risk of recurrence, but increases the risk of rare but serious long-term complications. Another problem is that some types work better than others. Lawsuits accuse manufacturers of selling defective implants and failing to warn about side effects.

Hernia Mesh Lawsuit Settlements

C.R. Bard/Davol Kugel Composix Mesh was recalled three times between 2005 and 2007. In 2011, the company paid $184 million in settlements to 3,000 people who filed hernia mesh injury lawsuits. Most lawsuits involved bowel perforations, organ damage, or death.

Physiomesh Hernia Mesh Pulled Off Market

In May 2016, Ethicon recalled Physiomesh Hernia Mesh in Europe and Australia after studies found higher rates of hernia recurrence and re-operation. In the United States, Ethicon issued a “market withdrawal” for Physiomesh rather than a recall, which is why the FDA never warned patients. Most lawsuits involve hernias that returned and needed another surgery.

Physiomesh Hernia Mesh Lawsuit

In November 2016, a lawsuit (PDF) was filed by a man who was implanted with Physiomesh in 2013. The hernia returned within 7 months and worsened. In another surgery in 2016, doctors found “several loops of small bowel contained within the hernia, with dense adhesions between the loops of bowel.”

Lawyers also say the Monocryl coating on Physiomesh is “known to incite an inflammatory response” that “increases the risk that the graft will not incorporate … causing the graft to fold, buckle and migrate.”

Atrium Recalls C-QUR Mesh

Atrium Medical Corp. is also facing lawsuits over C-QUR Mesh, which was recalled in 2013 because the fish oil (Omega-3) coating could peel off and stick to its package when exposed to high humidity. Many patients developed inflammatory allergic reactions when the coating peeled off inside their body. However, the mesh itself was never actually removed from the market — only the packaging.

Atrium Mesh Lawsuits Centralized in New Hampshire

Many lawsuits have been filed by people who were injured by C-QUR Mesh, but not as part of a class action. Instead, they are individual lawsuits that were centralized in New Hampshire in December 2016 — Multi-District Litigation (MDL No. 2753) in the U.S. District Court for New Hampshire under Judge Landya B. McCafferty.

Atrium C-QUR Hernia Mesh Lawsuit

Atrium is also facing lawsuits involving infections. In 2012, the FDA warned Atrium for poor manufacturing practices — including 35 confirmed cases of hair being found inside supposedly “sterile” implants.

In October 2016, a lawsuit (PDF) was filed by a woman who developed major infections after receiving C-QUR Mesh in 2008. Her surgeons found the mesh “bunched up in layers” or “folded up” in her body. Lawyers say the Omega-3 (fish oil) coating is not bio-compatible and can cause severe inflammation, delayed healing, foreign body response, rejection, infection, and death.

Class Action vs. Multi-District Litigation (MDL)

Thousands of people who were injured by hernia mesh have filed lawsuits, but not as part of a class action. Instead, they are individual lawsuits that have been centralized in a Multi-District Litigation (MDL).

The MDL process is more common than class actions in complex medical device injury litigation. Like a class action, the MDL improves efficiency and helps lawyers coordinate pre-trial discovery, trials, and settlements. However, each lawsuits in the MDL remains independent.

Hernia Mesh Risks & Complications

  • Chronic pain
  • Inflammation
  • Allergic response
  • Rejection
  • Foreign body reaction
  • Organ perforation
  • Adhesions (scar-tissue sticking organs together)
  • Fistula
  • Infection
  • Sepsis
  • Mesh migration or folding
  • Sexual dysfunction
  • Nerve damage
  • Death

Do I have a Hernia Mesh Lawsuit?

The Schmidt Firm, PLLC is currently accepting hernia mesh induced injury cases in all 50 states. If you or somebody you know has been injured by complications of hernia surgery, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Defective Medical Device Litigation Group or call toll free 24 hours a day at (866) 920-0753.

Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.

Free Case Evaluation

The Schmidt Firm, PLLC has been recognized as one of the nation’s leading plaintiffs’ law firms and handles cases in all 50 states. We are very proud of our legal achievements, but equally self-respecting of our firm’s reputation for providing personal attention to each and every client we represent.

No matter what type of case you have, you may contact us with confidence by filling out the email contact form below or calling us directly by dialing toll free 24 hrs/day (866) 920-0753.

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