Hernias occur when there is a weak spot in the abdominal wall muscles, allowing fatty tissue or organs to push through the muscle wall. The FDA estimates surgeons perform over 1 million hernia medical procedures annually, with about 80% of them on inguinal hernias.
More than 80% of hernia surgical repairs involve the placement of a surgical mesh patch to close and reinforce the defect. Surgeons still use hernia mesh surgery because it cuts the risk of recurrence in half; however when medical device manufacturers mislabel products or send out defective products, patients can face more complications.
If you believe you have a defective mesh product, the hernia mesh attorneys with Nessler & Associates can answer your questions about which type of hernia mesh have been recalled. We can explain how complications from the hernia mesh surgical procedure entitle you to financial compensation.
Hernia Mesh Recalls
Several medical device companies recalled surgical mesh products beginning in 2006. With one exception, the FDA designated these as class I recall. A recall of this type means the product may cause serious adverse outcomes or death.
Several factors affect the failure of hernia mesh, including design defects, manufacturing errors, and improper labeling. These factors can often be traced to the hernia mesh manufacturer, leading to these recalls. These include:
- In 2005, Davol, a subsidiary of C.R. Bard, issued a class I recall of Composix Kugel mesh due to a design flaw. This flaw could perforate the intestines or cause chronic enteric fistula or an abnormal connection between the intestinal tract and internal organs or the skin. Becton, Dickinson, and Co. acquired C.R. Bard in 2017.
- In 2010, Johnson & Johnson and Ethicon Inc. recalled one lot of its Proceed Surgical Mesh for potential delamination or a separation of the mesh layers.
- In 2013, Atrium Medical Corporation recalled its Atrium C-Qur Mesh because it stuck to the storage sleeve if stored in humid areas.
- In 2015, Ethicon recalled Physiomesh Flexible Composite Mesh because the company failed to register as a medical device company and institute quality controls. The company relied on vendors to do that for it.
- In 2018, Atrium Medical Corp recalled select units of ProLite Mesh due to improper labeling.
- In 2018, Sofradim Production recalled Versatex Monofilament Mesh for multiple failures in some complex abdominal hernias.
- In 2018, Covidien recalled Parietex Composite Parastomal Mesh for parastomal hernia recurrence. Parastomal hernias are the most common complication of ostomy surgeries.
- In 2019, ACell, Inc. recalled Gentrix Surgical Matrix despite a sample’s failure to meet quality control criteria.
As of 2022, Becton, Dickinson, and Co. recently lost the first bellwether trial in multidistrict litigation in federal court. It was the third largest in the country, with thousands of hernia mesh lawsuits. The jury verdict awarded $255,000 to the main plaintiff in the trial.
The product liability attorneys at Nessler & Associates know how to hold hernia mesh manufacturers accountable through hernia mesh settlements. We have decades of experience fighting for victims of negligence and carelessness.
What Are the Scientific Studies Regarding Hernia Meshes?
A 2017 study found mesh can become stiff over time and lead to hernia recurrence, mesh erosion, and adhesion to tissues. Another study found that how the surgeon implants the mesh significantly affects the strength of the final repair.
The mesh material, such as biomaterial and seprameshes, affects the type of probable complications like infections and mechanical failure. If your surgeon did not consider this information in relation to your medical condition when selecting your mesh, they may have committed medical malpractice.
The hernia mesh lawyers with the law firm of Nessler & Associates understand how the information presented in this research affects your surgical mesh lawsuit.
What Are Hernia Mesh Implants?
More than 70 types of hernia mesh devices support damaged and weakened tissue. These devices consist of animal or synthetic filaments woven or knitted into a mesh material. Most animal-derived mesh comes from processed and disinfected animal tissue taken from pigs or cows.
New connective tissue replaces absorbable mesh as it degrades to protect the surgical site. Non-absorbable mesh remains to provide permanent support for the hernia repair surgery.
Hernia Mesh Injuries
Defective hernia mesh products or improper implantation can cause severe injuries and, in some cases, permanent injuries. You may have experienced one or more of these hernia mesh complications.
This common type of complication causes fever, inflammation, and pain. An untreated infection might become an abscess and invade the surrounding bone, resulting in sepsis.
Fistulas form when mesh migrates or erodes surrounding tissue, creating an unhealed wound and abnormal connections. A fistula can cause an abscess, bleeding, diarrhea, and fatigue.
Bowel or other organ perforation includes nausea, vomiting, fever, dizziness, fatigue, and sudden intense pain. Bowel perforations almost always require additional surgery to close them and prevent infections.
Chronic pain from hernia meshes varies depending on the type and location of the surgery. It may be due to an inflammatory reaction or immune response, a foreign-body reaction, nerve damage or mesh migration, or erosion.
Adhesions occur when scar-like tissue forms around the mesh and connects it to other tissues. There can also be severe abdominal pain, organ damage, unexplained back pain, and nausea caused by this abnormal tissue growth.
Recurrent hernias happen when the mesh fails or because of surgical error. Symptoms usually mirror the symptoms of the original hernia.
Bowel obstructions, or intestinal obstructions, occur when the mesh adheres to the bowel, erodes into the bowel, or migrates and entraps a loop of bowel. Obstruction complications can cause intermittent cramping pain, loss of appetite, constipation, vomiting, and inability to pass gas or stool.
Mesh rejection results from an immune response, attacking the mesh as an invader. Symptoms include severe pain, swelling, nausea, and vomiting.
If you experience complications from a defective hernia mesh device implant, seek medical attention from your healthcare provider. Remember to keep all records and receipts related to your surgeries and recovery to give to your personal injury lawyer.
Complications of Mesh Erosion and Mesh Migration
Mesh erosion results from a foreign body reaction to the mesh. The immune system attacks the invader and the adjacent healthy tissues. This process erodes healthy tissue. Erosion can occur in the original position or after the mesh has broken free and migrated from the surgical site. Secondary migration occurs because of erosion and happens when the mesh erodes and sinks into the tissue.
Severe complications caused by erosion include infection, abscess, fistula, or obstructions. These complications usually require medical and surgical interventions. Physical, emotional, and financial costs pile up quickly.
How a Hernia Mesh Lawsuit Lawyer Can Help You
An experienced medical device attorney at Nessler & Associates understands the intricacies involved in complex cases like these. They can determine the best approach to take with your case. If they accept your case, your lawyer can proceed with the following steps:
- File your compensation claim within Illinois’ medical malpractice statute of limitations gives you two years from the time you discover the issue. The product liability statute of limitations gives you 12 years from when you had your hernia mesh.
- Gather evidence to support your hernia mesh claim, such as medical records, expert testimonies, and pay stubs, to show your wages before your injury.
- File pretrial motions to compel someone to produce evidence or give testimony, for the judge to decide the case based on the preliminary facts
- Present your evidence and represent you in court, advocating for your legal right to compensation.
What are the damages for hernia mesh lawsuits?
Economic damages include the medical bills related to corrective surgery and lost wages. If your job requires lifting heavy objects, you could lose wages for a significant period while you recover.
Noneconomic damages include pain and suffering, emotional distress, and loss of enjoyment of life. Prolonged chronic pain and weakened abdominal muscles can affect your ability to take part in your usual activities and negatively affect your quality of life.
The personal injury attorneys at Nessler & Associates can assess your medical records to estimate the total amount of damages. They can connect your injuries to the hernia mesh medical product and its manufacturer to form the basis of your claim for compensation.
Get Legal Help with Your Hernia Mesh Case
Nessler & Associates has been protecting legal rights for hernia mesh victims and victims of negligence, recklessness, and carelessness for more than 35 years. We aggressively represent your interests in court, and we only get paid if you win your case. Call our law office at (800) 727-8010 for your free case consultation today.