Hernia Mesh Lawsuits

If you or someone you love has suffered complications, chronic pain, or injuries after a hernia repair surgery, you may be entitled to compensation by filing a hernia mesh lawsuit. Many hernia repair surgeries involve surgical mesh, which has been linked to various adverse events. 

The hernia mesh injury lawyers at Bronstein, Gewirtz & Grossman, LLC can help. We work relentlessly to inform consumers about their rights and help them hold responsible parties liable for injuries caused by defective products, including medical devices. 

Having an experienced hernia mesh attorney on your side is the best way to obtain the optimal outcome in your case. Contact our law firm today to discuss your surgery, subsequent complications, and the losses you’ve incurred. We’ll work to make things right and get you back on your feet after your hernia repair surgery.

How Bronstein, Gewirtz & Grossman, LLC Can Help You With a Hernia Mesh Lawsuit 

When you have a medical condition like a hernia, you expect surgery to rectify the problem and make you feel better. However, that’s not always the case – and unfortunately, you may be worse off than you were pre-surgery. 

If that happens due to a defective medical device, the seller or manufacturer should be held responsible for your damages. Bronstein, Gewirtz & Grossman, LLC will help you identify the liable parties and ensure they pay for your injuries and suffering. 

When you hire our mass torts attorneys to handle your hernia mesh claim, you can expect us to: 

  • Listen to your story, review your medical records, and speak to your healthcare providers to determine which hernia mesh was used in your medical procedure
  • Determine if the FDA issued a recall for the surgical mesh 
  • Handle your claim from start to finish while you focus on recovering 
  • Value the total extent of your damages to ensure you receive a fair amount 
  • Litigate for you in court and fight for your rights every step of the way 

Hernia mesh litigation is complex and often requires the assistance of medical professionals and financial experts. We have relationships with leading experts that we’ll use to build your case and get the compensation you deserve. Contact us today to learn more.

What Is a Hernia? 

Hernias occur when tissue, internal organs, or intestines protrude through an opening or weakness in your muscles or surrounding tissue. They are most common in the abdominal region of your body. 

Different types of hernias include: 

  • Inguinal hernias: occur in the inner groin area when tissue protrudes through a weakness or opening in your muscles in the lower abdominal region
  • Femoral hernias: bulging that appears in the thigh or groin area in the femoral canal 
  • Incisional hernias: develop after some abdominal surgeries when tissue or organs protrude near the surgical incision due to the weakness of abdominal muscles after surgery
  • Hiatal hernias: occur when the upper abdomen protrudes through an opening in your diaphragm muscle (hiatus)
  • Umbilical hernias: occur near the belly button when your intestines push through the abdominal wall 

Depending on the type of hernia you have, the symptoms may include: 

  • A bulge, lump, or swelling in the abdomen or groin area 
  • Pain, pressure, burning, or tenderness in the affected area 
  • Discomfort or pain when lifting, bending over, or during physical activity
  • Worsening pain over time or an increase in the size of the bulge
  • Constipation
  • Vomiting
  • Indigestion, abdominal/chest pain, heartburn, or difficulty swallowing (hiatal hernias)

Most hernias result from pressure and a weakening of the muscles, which may have been present at birth or developed over time with age. They may happen due to strains on the affected area caused by weight gain, exertion, pregnancy, constipation, or frequent coughing.

What Is Hernia Mesh?

According to the Food and Drug Administration (FDA), over one million Americans receive hernia repair surgeries yearly. Some hernias don’t require surgery, but the ones that do often require hernia mesh – a medical device used to support the damaged area around a hernia to allow it to heal. The mesh is placed around the hernia and attached with glue, staples, or stitches. 

Because hernias have a high risk of recurrence, surgical mesh is used to prevent the hernia from returning in the future. It can also reduce a patient’s recovery time in some circumstances.

Today, over 80% of hernia repair surgeries in the United States involve surgical mesh. However, various materials are used for different meshes, and there’s controversy around which type of mesh is best for these surgical procedures.

Types of Hernia Mesh

An inflammatory response is triggered when a foreign material – like surgical mesh – is inserted into the body. The healing response results in infection, destruction of the object, or tolerance. Therefore, the material used for mesh must be resistant to infection. 

Additionally, the mesh must withstand deterioration under stress. Many other characteristics are required for effective hernia repairs. 

Accordingly, the material used for surgical meshes is pivotal to the success of hernia surgeries.

Some types of hernia mesh materials include: 

  • Synthetic mesh: This is made of synthetic material, such as polypropylene (PP), polyester, or expanded polytetrafluoroethylene (ePTFE); the mesh might be absorbable, partially absorbable, or permanent.  
  • Combined or composite mesh: This mesh contains two or more materials so that the patient can benefit from each material’s strengths. 
  • Biological mesh: This is made of human or animal tissues and isn’t used as frequently as the other types of mesh due to high recurrence rates and costs. 

Polypropylene (PP) is the most commonly used material for hernia meshes, but it comes with complications, such as a high infection rate.

Why Do People File Hernia Mesh Lawsuits? 

People have filed lawsuits against the manufacturers of hernia mesh, alleging three causes of action (in addition to negligence claims): 

Defective Design

The defective design argument alleges that the hernia mesh’s design is inherently flawed or dangerous. 

For example, some mesh products were designed to use materials known to cause infections, injuries, or severe adverse reactions. One hernia mesh patch had a memory recoil ring that broke easily. The ring caused migration – where the mesh moved from its original implantation site – leading to severe injuries. 

Manufacturing Defects 

Manufacturing defects happen during the manufacturing process and may affect one product or a whole line of mesh products. 

For example, some manufacturers used cheaper materials in certain hernia mesh products, which caused failures and complications. Many of these cases are based on sub-standard quality control or failure to conform to industry standards. 

Failure to Warn 

Marketing defects occur when a company knows of the risks and side effects of implanting the hernia mesh but fails to warn of these risks. 

For example, in cases involving the use of materials known to cause complications, many plaintiffs have alleged that the manufacturer knew of the dangers but released the mesh on the market anyway without proper warnings.

Hernia Mesh Complications

Various types of complications have been associated with hernia mesh, depending on the type of mesh used, the material(s) it was composed of, and other factors. 

Some reported adverse reactions include: 

  • Pain in the groin or stomach
  • Infection
  • Mesh shrinkage 
  • Mesh migration (the mesh moves from its original implantation site)
  • Mesh erosion 
  • Organ perforation (a hole or penetration in an organ, usually caused by mesh migration or erosion)
  • Mesh hardening 
  • Mesh folding
  • Hernia recurrence
  • Hernia revision surgery due to the failure of the original hernia mesh 
  • Mesh adhesion (the hernia mesh adheres to internal structures)
  • Fistulas (abnormal openings or connections between two body parts)
  • Seromas (accumulation of fluid at the surgical site)
  • Obstructions, such as bowel obstruction
  • Chronic pain 
  • Liver damage
  • Nerve damage
  • Cancer and other complications from mesh material 

If you’re suffering any kind of pain, discomfort, or complication after receiving hernia repair surgery, seek medical assistance immediately.

What Compensation Is Available If I File a Hernia Mesh Lawsuit?

Victims in hernia mesh lawsuits can recover compensation for their economic and non-economic damages, including: 

  • Hospitalization and ER costs 
  • Additional hernia repair surgeries or revision surgeries 
  • Out-of-pocket expenses, including transportation, home health care, and medications 
  • The cost of ongoing treatment for chronic pain and complications
  • Lost wages and loss of earning capacity
  • Physical pain and suffering 
  • Loss of quality of life 
  • Mental anguish
  • Scarring and disfigurement
  • Permanent impairment 
  • Loss of companionship

Punitive damages may also be available in some cases to punish the manufacturer if they kept the product on the market, knowing the complications it could cause – especially if they failed to warn consumers of the risks.  

How Much Time Do I Have to File a Hernia Mesh Lawsuit? 

If you’ve suffered complications due to defective hernia mesh, you may be eligible to file a product liability lawsuit. These cases must be filed within a specified time frame, known as the statute of limitations

You need to act quickly to ensure you preserve your legal rights. Each state has specific statutory deadlines for filing these cases, typically ranging from one year to six years from the date of injury (or the date you should’ve reasonably discovered the injury).

The best way to meet the statute of limitations is to speak with a hernia mesh injury attorney as soon as possible. Contact Bronstein, Gewirtz & Grossman, LLC today to ensure that you are able to hold the accountable parties responsible.

Contact Bronstein, Gewirtz & Grossman, LLC to Discuss a Hernia Mesh Lawsuit 

Are you suffering from complications after receiving hernia repair surgery? If you suspect it’s due to the surgical mesh used, contact Bronstein, Gewirtz & Grossman, LLC immediately to discuss your situation and let us help you seek the compensation you deserve.