Hernia surgery is among the most common type of surgery in the world. Each year in the United States somewhere around half a million surgical repairs for hernia are performed. Most of these use a type of implant, and it can be hard to determine whether or not you may need to file a hernia mesh lawsuit if you experience pain or soreness after the fact.
This stems from the fact that there are typical pain related issues that arise after hernia mesh surgery. Some pain and soreness is to be expected. However, these should not be continuous. The goal of surgery is to promote healing, not life long complication. Therefore, it is important to determine whether you are experiencing normal post surgery healing, or something that pushes those boundaries. Pay close attention the the next section. If you are experiencing any of the problems below, you may have basis for a claim.
Problems after Hernia Surgery
Following are a list of complications you may experience after hernia surgery. The first step in the claim process, before you can even approach a reason for filing, is acknowledging whether or not you have had any continual, or overbearing, recovery problems after surgery. Again, some pain and soreness is to be expected. Complications after hernia mesh surgery often present as the following:
- infections or abscesses
- chronic pain
- blockage of the large or small intestine
- scar like tissue that sticks other tissues together (adhesion)
- hernia recurrence
- organ perforation
- foreign body reaction
- allergic reaction
- mesh shrinkage
- mesh migration or possible erosion
- needing another surgery
If you have experienced any of these complications, please read on. While many of the above are considered to be a normal part of the recovery process, there could also be something atypical about them as well. This could especially true if you are experiencing any of these conditions excessively.
You may have cause to file a claim. As it turns out, there are three reasons to consider for filing a hernia mesh lawsuit. However, these three are not independent of each other. They work in concert, but if you find yourself putting a check mark beside each one, you might have reason to file a product liability claim against the manufacturer of your hernia mesh product.
3 Reasons to Consider a Hernia Mesh Claim
As we just noted, before you can entertain a hernia mesh claim, you must be willing to honestly acknowledge and gauge the pain/soreness aspect following your hernia mesh surgery. Then you can start to look further and see if you can check off the three reasons listed below. If you can, you could have basis for a mesh lawsuit.
First off, you must determine which type of product was used during your surgery before you can do anything. This is rather easy though. Simply contact your surgeon or the doctor who performed your surgery, and they can help you. Another route might be to contact the medical records department at the hospital where your surgery took place. You should be able to obtain a copy of your surgery report and any other type of medical document that might identify the product use for your particular hernia surgery. If your product is found to be on the food and drug administration recall list, then you might have basis for claim. You have to make sure of the other two reasons though. They are listed below.
Once you have established the type of patch used for your surgery, it’s important for you to go see your doctor. The step is imperative. A doctor, particularly your doctor, will be able to diagnose an injury. This is crucial because without a record of age jury there can be no basis for a claim. That would essentially leave a judge to decide your word against the manufacturer’s word. You never want to be in that position. You want to present the judge with basis for your claim. The most persuasive part of that basis would be an injury from your hernia mesh product diagnosed by a physician.
This is the last and most crucial part of the process. You must establish a link between the mesh product used for your surgery and your injury. In other words, you must be able to prove that the defect in the hernia mesh product caused your injury. The difference is subtle, but necessary. Take car accidents for instance. When assigning blame to the vehicle, you must be able to prove that faulty brakes prevented you from stopping the vehicle, rather than something else like becoming distracted because you’re fiddling with the radio or looking at your phone. That would tilts the case in another direction entirely. The same is true with hernia mesh lawsuits. You must be able to prove a link between the defect and your injury.
Hernia Mesh Lawsuit Claim Recap
To recap, there are three reasons you should consider filing a hernia mesh lawsuit and they all hinge on one another. First, you must determine the type of product to use for your surgery. Second, you must determine that you have suffered an injury and it might possibly be due to the product used for your surgery. Third, you must definitively be able to establish a link between the defect in the mesh used for your surgery and your injury. Put these three reasons together and you have a solid basis for filing a hernia mesh lawsuit.
The time to act is now. Judges are structuring mesh lawsuit cases as multi-district litigation dockets, per manufacturer. This means the stage is being set and the process is being streamlined to accept incoming cases. The first case already has a trial date. There has never been a better time to act than now. If you are curious or unsure as to whether or not you might have a hernia mesh claim, give our office a call. We are experienced and ready to walk you through the process. The consultation is free and could ultimately protect the most valuable asset you have, your health.