With lawsuits actively being filed, it is important to have a good understanding of hernia mesh statute of limitations. If you are unfamiliar with the term, here is an explanation. Statute of limitations refers to the time period in which individuals may pursue legal action in relation to alleged injuries from other individuals or products. The online legal dictionary defines it as a “type of federal or state law that restricts the time within which legal proceedings may occur.”

Statute of Limitations, A Multi-Faceted Issue

Understand, this is not true for murder cases. There is no statute regarding those crimes, however, there is for every other type of case. They are broken down into the following categories:

• Personal injury from negligence or intentional wrongdoing
• Property damage from negligence or intentional wrongdoing
• Breach of a written contract
• Preach of an oral contract
• professional malpractice
• Slander
• Libel
• Fraud
• Trespass
• A claim against a governmental entity (usually a short time), and some other variations.

Sometimes the limitation statute can be extended (also known as “tolled”) due to a delay in discovery of injury. Extensions may also be granted on the reasonable reliance of a trusted person. For instance, a minor must wait until they turn 18 before they can bring accusations for negligence unless it involves a government agency. This is an example of tolling the statute of limitations.

Other Factors to Consider

Furthermore, limitations (depending on your state) will generally range from anywhere between 1 to 6 years. Rhode Island is the exception. You have a full 10 years within which to file for several causes of action. Louisiana has the strictest limitation statutes, one year, except contract cases. California also has a one-year time frame, with exceptions for most property damage, oral contracts, and written contracts.

Beyond these limitations there are statutes of limitations, to enforce judgments. These can range anywhere from 5-25 years depending on the type of judgment rendered. The important thing to keep in mind is the statute of limitations is designed with the plaintiff in mind. It protects business and revenue. For instance, Vermont makes adjustments to its statute of limitations to protects its ski resorts. Parties only one year for filing a lawsuit for alleged injuries suffered in a skiing accident on the resort property. This is an exception to the state’s usual three-year statute of limitations for personal injuries.

It is imperative to understand hernia mesh statute of limitations. It could affect your ability to file a claim. If you file outside of the time frame, you may not be able to recoup any damages. Think of hernia mesh statute of limitations like a clock, ticking down to zero. For product liability cases, they typically work like this.

Hernia Mesh Statute of Limitations: The Specifics

The statute of limitations for hernia mesh lawsuits begins when the injured party (known as the plaintiff) knows or should have reasonably known about their injury. You have ten years to file under those conditions in most circumstances. In some state jurisdictions, the countdown begins the moment your injury occurs. This could be much sooner than when you began experiencing pain. which means the ten year period begins sooner as well. It is important to keep this in mind.

Why? In some instances, law firms will delay filing. This could affect your ability to pursue filing a claim, particularly if you are using a legal referral service. They may not pass your case on to the appropriate law firm in time to file a claim. It is incumbent upon you to understand the clock is ticking. Filing time is limited. This is part of the reason you see aggressive advertising around issues like hernia mesh lawsuits. Law firms try to educate consumers as much as possible so they can make informed decisions. They know the clock is ticking. The more information you have, the more equipped you are to start the claims process.

Keep in mind, initiating a claim is no guarantee of trial or settlement. It is the first step. Act now while your potential claim falls within the hernia mesh statute of limitations is important. Right now, time is an ally. In the future it could become an adversary. Failure to act could end up costing you in the long run.

Current State of Hernia Mesh Litigation

Federal courts have already established multi district litigation (MDL) on behalf of hernia mesh manufacturers. This means they are expecting thousands of case filings in the long run, each specific to the manufacturer. At the current time, class action settlements appear unlikely. however, it may be possible that a group of individuals go in together if their cases are similar or share common traits.

What all of this means for you is one word… urgency.  While the statute for many hernia mesh cases is just beginning, some started a few years prior. Pursuing your claim now is much better than waiting, It allows the law firm ample time to review your case. they can file a claim if necessary and get it on the docket for processing. Waiting because you think there are too many cases ahead of you is unwise.

Remember, each case tries according to manufacturer. If you have an Ethicon hernia mesh implant, and you think it’s infected, act now. It does not matter how many cases are in front of you. That is inconsequential. The only action of consequence is no action. Contact us if you have experienced any symptom of hernia mesh infection like pain, redness or swelling at the injection site, chronic pain or other symptoms you think might be attributed to your hernia mesh repair.

We will work with you to determine whether or not you have a claim and make sure your claim processes in a thorough, timely manner. Hernia mesh complications can permanently hinder your quality of life. Understand, filing a claim will not take away the injury, but it will take away some stress and relieve financial burden associated with your injury. The time to act is now. We can help.

Hernia mesh cases are processing as you read this. New settlements amounts and awards are now available. This sheds light on one of the most common questions: “How much will my case settle for?” Unfortunately, attorneys can not guarantee definite dollar amounts to their client concerning hernia mesh settlement figures. The reasons are various.

Hernia Mesh Settlement Factors

First, each case is specific and unique. Your injury, if determined to be caused by a mesh product, is not an exact comparison to other individuals. Comparing injuries using hernia mesh as a common denominator does no good. You may think you are comparing apples to apples, but in reality, it is an apples to oranges comparison. Your injury could be very different, resulting in a different final settlement value.

Second, these cases are private. Hernia mesh providers settle them quietly. There is no public database for settlement amounts comparison. Therefore, any attorney who claims to guarantee a certain amount is misleading you. It is simply not possible.

However, what we do have are current case results that have either gone to trial or opted for a settlement. The hernia mesh settlement cases give us a glimpse into the settlement numbers window. Again, no guarantee can be offered as a concrete amount for settlement, they do highlight the importance of filing a claim.

If you believe you may have been injured by your hernia mesh product, or feel like your mesh repair may be infected, you may have cause to file a claim. Contact us; we can walk you through the process. We handle hernia mesh cases and have the experience necessary to help you win. Look at the settlement values below. All of these started with a phone call to a reputable attorney.

Hernia Mesh Settlement Figures | What We Know

Johnson and Johnson

A jury in Philadelphia awarded $20 million to a lady who claimed she experienced chronic pain as a result of her Ethicon transvaginal mesh product. While Ethicon says they will appeal the decision, this marks the fifth major loss involving a hernia mesh product since 2014.

Sharon Carlino filed another transvaginal mesh product liability suit against the manufacturer in 2013. The final verdict was a $13.7 million dollar judgment, including a $10 million dollars in punitive damages. Doctors removed the mesh after complications (the mesh was partially exposed). She suffered scarring and chronic pain, after undergoing multiple surgeries to remedy the repair.

In 2016, Johnson and Johnson paid another $120 million dollars as settlement for faulty mesh products. The attempt was an attempt by Johnson and Johnson to settle more than 42,000 cases. The settlement covered 2,000-3,000 women who claimed complications from surgery after the mesh eroded in their body and Johnson and Johnson tried to cover it up. They have since issued a recall to pull the hernia mesh in question from the market.

C.R. Bard

In 2015, C.R. Bard settled 2,970 lawsuits related to hernia mesh failure. The claim was filed on by women outfitted with their Pinnacle Pelvic Floor Repair Device (a transvaginal mesh product). The mesh allegedly provided no relief. Instead, it caused pain, infection and bleeding. This required multiples follow up surgeries. C.R. Bard paid $119 million dollars as final settlement.

Following the April $119 million dollar settlement, C. R. Bard paid out $200, million in August of the same year. This was to settle another 3,000 cases. Each plaintiff received approximately $67,000 due to complications experienced from their hernia mesh surgery. These settlements were in addition to a 2011 MDL (multi district litigation) case.  C.R. bard paid $184 million dollars to settle 2,600 cases in the state of Rhode Island.

Boston Scientific

Two individuals, both Texas residents, won $34.5 million dollar settlements against Boston Scientific. Both Felix and Martha Salazar sued Boston Scientific for complications resulting from their Obtryx transvaginal mesh product. The claim was that the mesh product was incompatible with human tissue and the marketing was misleading to physicians. Some of the women outfitted with Obtryx claim they experienced urinary problems, bleeding and pain during sexual intercourse.

The jury found that Boston Scientific could have made a safer product. The next year, Boston Scientific found themselves under investigation by the FDA. The following lawsuit alleged the company used materials smuggled in from China to make their hernia mesh devices.

This occurred one year after two individuals sued the company in multi-million dollar cases. The first individual received $26.7 million dollars, while the second received $18.5 million dollars from a case tried in another state.

Endo International

In 2014, this hernia mesh product manufacturer paid $830 million dollars to settle approximately 20,000 lawsuits. This occurred in April. The claim was the mesh products were defective, resulting in chronic pain and suffering. Six months afterward, Endo paid another $400 million dollars to  approximately 10,000 plaintiffs for the same issue. They received $48,000 each. This settlement of $1.3 billion dollars total represents one of the largest hernia mesh settlements to date.

These suits came on the heels of the 2013 lawsuits, where a $54.4 million dollar settlement was offered to settle an undisclosed number of cases against AMS, their subsidiary. At the time, Endo revealed they were dealing with 7,700 lawsuits.

Final Thoughts

The sheer number of cases and dollar amounts prove one thing; the law hold manufacturers accountable for faulty devices sold to the public. In the examples above, cases number in the thousands, and settlement values in the millions. This is just the beginning. As time progresses, hernia mesh settlement figures are sure to change.

New claims are filed daily, and new multi district litigation courts are expected to follow suit for processing. If you do not see the manufacturer of your mesh device listed above, or your particular device, don’t panic. Judges try cases according to manufacturer, and each one will have a turn. If you have questions about your hernia repair, call us. We have experience with hernia mesh cases involving particular mesh products. We will work with you to determine whether or not you have basis for a claim. The consultation is free. You might be owed compensation for your pain and suffering. All you have to do is contact our team at Avram Blair.

You may be wondering what the hernia mesh settlement landscape looks like. The issue covers several manufacturers and different types of products. It can be confusing to consumers. This update will bring clarity to the issue. The more information you have, the better you will know how to proceed. Here is what the current landscape looks like.

Hernia Mesh Class Action Suits

In 2017, a woman filed suit against Johnson and Johnson, the manufacturer of the popular Physiomesh surgical tool. The claim was constant pain and suffering caused by TVT Secure transvaginal mesh used during her surgery. Essentially, she claimed the mesh product caused her injury rather than helped cure it.. The hernia may have been repaired, but the tissue damaged surrounding tissue putting her in a state of constant pain. The case is known as Engelman vs. Ethicon and she was awarded a $20 million suit. This was the 5^th major loss for hernia mesh products since 2014, and there are 54,000 hernia mesh cases pending.

That number just represents the lawsuits against Johnson and Johnson. There are others too. In 2014, Endo International paid $830 million dollars to settle 20,000 cases, C.R. Bard settled 3,000 cases for $200 million ($67,000 per plaintiff) and another $119 million to settle 2,790 cases the same year for claims resulting from complications experienced by transvaginal mesh and two other devices.

So what does all of this mean? Different manufacturers, thousands of suits, class action, individual, awarded, filed, it can be so confusing. If you have a suit in process, or are thinking of filing a claim, you may find the following information to be helpful. The process for filing suit is being streamlined

Hernia Mesh Cases and MDL

The federal courts have placed hernia mesh lawsuits under multi-district litigation with a Georgia judge assigned to preside over the cases. This federal statute (28 U.S.C. / 1407) is used when there are multiple cases in different jurisdictions revolving around the same issue. MDLs are a way to make the process more efficient and typically involves cases that are complex or multifaceted, like product liability lawsuits. So how does that look for the hernia mesh settlement landscape? It works like this.

In order to establish an MDL, the Judicial Panel on Multidistrict Litigation it must first decide whether there is reason to have the cases consolidated, and if so, where they cases should be tried. Once established, instead of each case going to trial independently in their own court of jurisdiction, they are sent from one court transferor) to another court (transferee), for pretrial hearings and discovery. It is a way to make the process more efficient, giving one point of contact for hernia mesh lawsuits. Processing each case, especially if there are hundreds or thousands, would take years and essentially bog down the judicial system. MDL greases the gears of justice so they turn more smoothly.

What are the Benefits to Multidistrict Litigation?

So what are the benefits to this process as far as the hernia mesh settlement landscape is concerned? Why is MDL any different or better than filing and addressing each suit independently? First, let’s look at it from the manufacturer’s side. It is in fact the manufacturer who must apply for and MDL. Let’s say there are 8 different cases involving faulty hair dryers of the same brand, that explode after about 5 minutes of use. All of these cases are in different jurisdictions (states). This means the manufacturer would have to go to trial in 8 different states and defend each case independently. This would be extremely time consuming. MDL gives the manufacturer one court to go to for each case. This method is very efficient for manufacturers.

What about the consumer then? Are their benefits to an MDL? Sure. The old saying “safety in numbers’ comes to mind. Processing a case through MDL increases the chance of a uniform verdict. If each hernia mesh lawsuit was tried independently, some plaintiffs would likely receive more, while others would receive less or little to nothing. This is where MDL is helpful to the consumer. In fact, if several consumers had a very near or similar experience with the product, they might elect to have their cases heard by the same court. This brings even more efficiency to the hernia mesh settlement landscape.

Why the Physiomesh MDL is Unique

Even at that, the Johnson and Johnson Physiomesh MDL is unique. Most multidistrict litigation cases deal with dozens or hundreds of incidents at best. Hernia mesh MDLs are unique in that they could be dealing with thousands of cases. So even while the process is more efficient than trying each case independently, it could still take time. This is why we can not guarantee a time frame for your hernia mesh lawsuit. These cases take time.

Even with an MDL, time is necessary to review all of the claims made against the manufacturer. Plus, it is important to keep in mind that each case will go to trial according to manufacturer. Right now, cases are pending for Johnson and Johnson. If your mesh was made by a different manufacturer, your case will be heard when those cases are grouped together for processing and trial at a later date.

Hernia Mesh Settlement Landscape: You Still have Time

All of this to say, there is still time to file a claim if you qualify. The docket is growing for Johnson and Johnson, but with thousands of cases to process, time is an asset. Claims against other manufacturers for mesh products will be processed accordingly, in turn.

This does not mean you should wait though. The hernia mesh landscape is always changing. It is important to contact us immediately if you have questions or concerns about your hernia mesh or feel like you have experienced problems due to surgery. This will give us ample time to explore your scenario and see if you have reason to file a claim. We have experience with hernia mesh cases and will work with you to help you determine whether or not you have a case.

Now is the time to act. With and MDL already being established, hernia mesh cases will move forward. We understand that no amount of money can offset the chronic pain or challenges associated with a defective hernia mesh repair, but it could set you on the road to recovery. Regaining your health is priceless. If you have been injured by a faulty hernia mesh implant, or have wondered whether or not you should pursue a claim against the manufacturer for your pain and suffering, contact us. Now is the time to take advantage of the current structure of the hernia mesh settlement landscape. We look forward to hearing from you.

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
• rejection
• 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.

Product Issues.

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.

Injury.

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.

Causation.

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.

The use of meshes to repair hernias has become standard over the past few decades in the United States, and around the world. Unfortunately, clinicians have been challenged the past few years by an increasing rate of infectious complications, and it is important to know what the possibilities of infection are, and what to look for after surgery. According to a recent study, the reported incidence of mesh-related infection following hernia repair surgery has been between 1%-8%. Typically, medical, and sometimes surgical care is necessary with a mesh infection. There are generally six signs to be aware of after a hernia mesh surgery and if you have experienced any of these symptoms, you may qualify to participate in a hernia mesh lawsuit.

1. INFLAMMATION – If your abdomen is tender and painful and swollen after surgery, it could mean inflammation. Many times, the meshes used are made from Polypropylene, which tends to cause internal inflammation, so a stronger bond and tissue grows around the mesh, but for some people, this inflammation continues, causing chronic pain.
2. YOU AREN’T HEALING – Pay attention to the incision site. Infected hernia mesh might prevent healing of the incision site, and it will stay pink and tender, and sometimes form a seroma, or fluid filled build-up at the incision. It is typically tender and painful.
3. PAIN IN THE GROIN – Many times, there will be pain after surgery in this area, but if the pain continues and it becomes difficult to interfere with your daily activities, it could mean your hernia mesh is infected. This pain can be debilitating and can cause nerve damage from scar tissue.
4. INCISION WARMTH – It is important to realize that with infection comes warmth. So, again, pay attention to the incision and make sure it is of a normal temperature. Even if you don’t have any fluid build-up, check the temperature of the site. If it is warm or hot, it could indicate a hernia mesh infection.
5. FLU SYMPTOMS – Many times, people might feel flu-like symptoms when fighting an infection. Your body is attempting to get rid of the infection and one might experience chills, fever, nausea, or vomiting. If you are experiencing flu-like symptoms, make sure to see a doctor immediately.
6. DENTAL ISSUES – Apparently, there has been a link to severe dental issues after hernia mesh surgeries lately, and you need to pay attention to your teeth feeling weak, infected, painful or chipping/falling out easily after surgery.  If you experience any teeth pain or issues following a hernia mesh surgery, please see a doctor immediately.

Up to 8% of people who undergo a hernia mesh surgery will deal with infection. Studies have shown that the rate of infection is considerably influenced by many factors of the patient’s health. People with diabetes, immunosuppression, or obesity tend to have increased infection rates. So, if you have had, or are planning to have hernia mesh surgery, it is important to pay attention to your body, and incision so that if any of these symptoms occur, you can get to the doctor, and then see if you are qualified to be part of a hernia mesh lawsuit.

Hernias are common, affecting about 5% of the population. A hernia occurs when an organ or fatty tissue protrudes through a weakened muscle wall or the fascia. Hernias most commonly occur in the abdomen, inner groin, outer groin, and umbilical areas. And, although they aren’t life threatening, they can become recurrent and unfortunately, hernias do not go away on their own. Within recent years, the use of meshes have become standard procedure in hernia repair surgeries around the world, and while this surgery is thought to reduce recurrences, there have been a number of complications which go along with the surgery, including mesh migration, mesh related infections, and chronic abdominal pain.

The use of surgical mesh for the treatment of hernias has drastically increased since the 1980’s, and by the year 2000, non-mesh repairs represented less than 10% of groin hernia repair techniques. Surgical meshes are typically constructed by synthetic materials or animal tissues. The synthetic type mesh comes in both knitted and non-knitted sheets, and can be made from either absorbable, or nonabsorbable materials. Animal-derived meshes are typically made from cow or pig intestines or skin, and then processed and disinfected to be used as an implantable device. Nonabsorbable mesh will remain in the body as a permanent implant, while absorbable implants tend to degrade and lose strength over time. It is thought that as the mesh degrades, new tissue will grow, providing strength to the repair. Some doctors use cheaper, polypropelene meshes because they are cheap and readily available. Unfortunately, this type of mesh can cause intense scarring and later issues.

According to the FDA, the most common adverse events after hernia mesh surgery are pain, infection, adhesions (scar-like tissue which sticks together), intestinal blockage, abnormal internal bleeding, or abnormal connections between organs and vessels. Along with these findings, there has been proof that recurrence after operation is most common, and typically caused by improper surgical techniques, migration of the mesh, or shrinkage of the mesh implant. Unfortunately, subsequent hernia operations in the same location are more challenging and prone to failure.

It is also understood that complications may increase over time. In one case, a lady was seen fourteen years after her surgery, complaining about intense abdominal pains. She complained about nausea, and bloating, as well as issues having bowel movements. After a CT scan came back unremarkable, it was found that the mesh had eroded into her lumen, and a two-stage operation would need to be done. According to a study in JAMA Surgery and presented at the 2016 Clinical Congress of American College of Surgeons, it was stated that the rate of complications increased after a five year period. “Out of the 3,242 study participants, 1,050 required subsequent abdominal surgery. Major complications included bowel obstruction, perforation and bleeding. Other serious complications included pain, non-healing wounds, infections, fluid buildup and organs fused together (fitulas). Larger pieces of mesh increased the risk of complications.”

Infections after hernia mesh surgery are also something to consider. Although the mesh is designed to be implanted, your body recognizes it as a foreign object, and the body naturally attempts to reject it, which increases the chance of infection of the tissues surrounding the mesh implant. Some of these infections can successfully be treated with antibiotics, but others, unfortunately have to have the mesh removed and find another solution for the hernia. In a long-term respective study of hernia mesh surgeries done is in Europe, the incidence of recurrence after a simple repair was still over 30%. They also found that complications due to the foreign body reaction causes postoperative seromas, hematomas, organ failure, mesh rejection, and fistula formation.

As mentioned above, there is also a chance of mesh migration, although, this tends to be a little more rare. Migration typically occurs when mesh is inadequately secured, or displaced by external forces. Secondary migration can also be triggered by foreign body reaction. In some cases, the mesh has migrated into the bladder, scrotum, or cecum. Surgeons have worked for years attempting to find a mesh that is more compatible, testing many different materials, pore sizes, weights, strengths, and biocompatibility.

Systematic bulging and chronic abdominal pain is also a factor after a hernia mesh surgery. Surgery mesh comes in different pore sizes, depending on the size of the hernia, and also the activity level of the patient. The mesh is exposed to stress under changes to intra-abdominal pressure. The mesh undergoes greater stress when a person coughs, jumps, or even vomits. The elasticity of the mesh should correspond to the elasticity of the abdominal wall, however, biomechanical studies have proven low stretch properties in these meshes, and bulging mesh is an important adverse effect which arises after surgery. Incidences in this systematic bulging vary from 1.6% to 17.4%. The inflammation caused by the bulging is known to cause chronic abdominal pain for patients, and according to Dr. Towfigh, of the Beverly Hills Hernia Center, 20% of patients will have post-operative pain for longer than three months, leading to loss of work, depression, and also opioid abuse. Dr. Towfigh has found that the groin and pelvis regions don’t seem to tolerate the mesh implant as well as areas of the abdominal region.

It is important to research and understand what complications can occur when considering a hernia mesh surgery. There are many meshes which have been recalled and removed from the market, and there are many lawsuits currently in effect over adverse reactions to hernia mesh surgeries.

If you have a hernia, it will not heal on its own. Surgery is the only way to treat a hernia. A hernia occurs when an organ, intestine or fatty tissue squeezes through a hole or a weak spot in the surrounding muscle or connective tissue. Hernias often occur at the abdominal wall. Sometimes a hernia can be visible as an external bulge.

The most common types of hernias are:

• Inguinal: occurs in the inner groin
• Femoral: occurs in the upper thigh/outer groin
• Incisional: occurs through an incision or scar in the abdomen
• Ventral: occurs in the general abdominal/ventral wall
• Umbilical: occurs at the belly button
• Hiatal: occurs inside the abdomen, along the upper stomach/diaphragm

If your hernia does not bother you, you can wait to have surgery. Your hernia may get worse. Most people with hernias have surgery to repair them, even if they do not have symptoms. This is because many doctors believe surgery is less dangerous the strangulation, a serious problem that occurs when part of your intestine gets trapped inside the hernia. Surgery is the only treatment and cure for inguinal hernia. Hernia repair is one of the most common surgeries done in the United States. About 750,000 people have hernia repairs each year. Often, surgeons use a loosely woven sheet of flexible mesh to patch the weakness or plug up the hole instead of simply stitching it.

Surgical

• Laparoscopic – The surgeon makes several small incisions in the abdomen that allow surgical tools into the openings to repair the hernia. Laparoscopic surgery can be performed with or without surgical mesh.
• Open Repair – The surgeon makes an incision near the hernia and the weak muscle area is repaired. Open repair can be done with or without surgical mesh. Open repair that uses sutures without mesh is referred to as primary closure. Primary closure is used to repair inguinal hernias in infants, small hernias, strangulated or infected hernias.

Typically, general anesthesia is given, and a small cut or incision is made in or just below the navel. The abdomen is inflated with air so that the surgeon can see the abdominal organs.

A thin, lighted microscope-like instrument called a laparoscope is inserted through the incision. The instruments to repair the hernia are inserted through other small incisions in the lower abdomen. Mesh is then placed over the defect to reinforce the belly wall. There are many things to think about when deciding if you should have surgery to repair a hernia.

Surgery has generally been recommended for all inguinal hernias to avoid complications such as strangulation, in which a loop of intestine becomes tightly trapped in a hernia, cutting off the blood supply to that part of the intestine.

The use of surgical mesh instead of stitches alone when repairing abdominal hernias appears to reduce the chances the problem will return, a study suggests. However, it is important to be aware of the dangers of Hernia Mesh. Mesh use is linked to other surgical risks, including infection, researchers say.

Dr. Steven Hodgett, a general surgeon at Baptist Health in Jacksonville, Fla. says synthetic mesh adds about $50 to $100 to a hernia procedure’s cost. Biological mesh could add more than $8,000.

The use of mesh increases the odds of seomas by 7.7% researchers say. There are many types of mesh products available, but surgeons typically use a sterile, woven material made from a synthetic plastic-like material, such as polypropylene. The mesh can be in the form of a patch that goes under or over the weakness, or it can be in the form of a plug that goes inside the hole.

There have been many scientific studies regarding hernia mesh issues and lawsuits have been filed because of the complications that can arise from a hernia mesh surgery. It is important to know the facts, contact us, we can help.

Do you wonder about your safety after a hernia mesh implant global recall for safety reasons by the manufacturer? The recall prevents further use, but what was so dangerous about the product that would prompt a recall o begin with? Following are several scientific studies conducted on patients implanted with hernia mesh products. These studies addressed certain failure aspects of mesh products by tracking complications and the potential for complications after surgery. The studies speak to the safety and integrity of the product. To find more about each, simply click the link in the study description.

Hernia Mesh as it Relates to MRSA, Bacteria and Infection

MRSA Infection. There have been a couple of noteworthy studies on this topic. MRSA (Methicillin-Resistant Staphylococcus Aureus) is a type of staph infection that is resistant to treatment by antibiotics. Those who are diagnosed are usually administered IV antibiotics until the infection clears. The studies related to hernia mesh were as follows:

1. MRSA Infection and Hernia Mesh.
This study involved 632 hernia mesh implanted patients, and lasted a full two years. During that time period, 31% of the patients in the study group experienced complications. These included: cellulitis, nonhealing wound, necrosis, hematoma, seroma, fistula and dehiscience. Furthermore, the study suggested that patients diagnosed with what is known as preoperative MRSA+ internal infection from locations like blood, urine or surgical site could have an elevated complication risk if hernia mesh products are used during surgery. This study was conducted in August 2016.

2. Prior MRSA Diagnosis and Hernia Mesh Infection.
This study of 768 hernia repair patients, conducted in August 2015, yielded the following results.. Out of the research group, 10% developed a mesh infection. In addition, 1/3 of the patients in the study already diagnosed with pre-operative MRSA+ infection developed an infection from their hernia mesh product as well.

Mesh Failure Bacteria Study. A total of 36 patients were examined for this bacteria study. All of the participants must have experienced hernia mesh failure in order to be considered for the study. Here are the results.

Upon examination, all participants were found to have gingivitis while 33% were diagnosed with other types of gum and teeth infection. Furthermore, 43% of patients with hernia mesh (explanted) were found to have some type of oral bacteria. The study goes an additional step further though. It puts a glaring spotlight on how difficult it is to track the rate of infection citing the following three reasons:

1. No standardized criteria for defining infection
2. Failure to meet and keep follow-up examinations
3. Intervention failure after complications arise.

It also cites hernia mesh infection as one of the main reasons for hernia mesh removal after surgery. Two other studies underscore this fact.

Adhesion Potential and Hernia Mesh. The first was conducted in June of 2016 and addressed the Adhesion Potential of Hernia Mesh Products. This study notes the occurrence of adhesions where hernia mesh products are used for repair. It found that using a mesh product for repair held greater potential for adhesions to occur, most often along the edge of the hernia mesh patch near the suture site. Their have been several documented instances of hernia mesh adhesions turning into something a bit more sinister. In the most extreme case, hernia mesh grew into a woman’s intestines causing extreme pain and discomfort. She continues to suffer today.

This information seems to further validate a previous study conducted in November 2013 involving Coated VS. Uncoated Hernia Mesh Products. This particular study compared uncoated polypropylene to different coated polypropylene varieties placed intraperitonally through laparoscopic procedure. Not surprisingly, coated polypropylene mesh products developed adhesions in substantially more cases than uncoated varieties. Coated mesh products involve coating the hernia mesh product with animal tissue. As the mesh product is implanted, the animal tissue serves as a growth catalyst of sorts, encouraging the muscular wall to repair itself. This study seems to indicate the coating could be problematic for the patient.

Infection Studies. Two other studies highlight the danger posed by hernia mesh products. Both of these studies involve ventral surgery. In August 2012, a study was conducted regarding ventral surgery hernia repair and biologic hernia mesh. This results of the study showed how dangerous coated mesh products can be. In fact, other mesh products had to be used for the study since biologic mesh products held such high potential to create bowel adhesions. It was discovered that they mesh product served as a catalyst.

Back up a year previous to July of 2011. A study was conducted to try and understand the problem of mesh infection as it relates to ventral hernia repair. Highlights of this study ed around a comprehensive overhaul of classifying, identifying and reporting mesh infections. Most of the problem has to do with the dormancy of the infection. After hernia mesh is used during surgery, it may take years before an infection is recognized and diagnosed. These two studies underscore the danger of using hernia mesh as a means for repair. The potential for infection is always present.

Is Hernia Mesh Safe?

Keep in mind, these are just a few highlighted studies that speak to the danger of hernia mesh. They speak to the potential hernia mesh products have for causing infection or other problems (like bowel adhesions) which lead to infection. Diagnosing the problem could take years due to dormancy, and the damage could be substantial by the time infection is discovered. Also, these issues are just for individuals who otherwise have not other serious medical condition prior to surgery. For those who are diagnosed with something like MRSA, using hernia mesh could further exacerbate their situation.

One of the first hernia mesh lawsuits against Johnson & Johnson Pharmaceuticals’ Ethicon Division, filed by Matthew Huff in the Southern District of Illinois, is set to go on trial before Judge J. Phil Gilbert on January 22, 2018. Huff filed a claim in April 2016 after suffering complications from Ethicon’s Physiomesh® Flexible Composite Mesh device used to treat a hernia in 2013.

Two years after the hernia repair Huff began experiencing adverse side effects including pain, fever, nausea, chills, and redness on the skin. Huff was hospitalized in 2015, where it was discovered that the mesh used to treat the hernia was infected. This resulted in two abdominal abscesses, intestinal fistula and surgery to remove the abscesses.

Huff claims that Ethicon’s hernia mesh device used to treat his hernia was defective and unreasonably dangerous for such as common type of procedure. The use of mesh in the treatment of hernias is intended to provide a solution through a minimally invasive procedure. About one million hernia repairs are performed each year, and hernia meshes/patches are commonly used to repair the wound.

In May 2016, Johnson & Johnson’s Ethicon Division withdrew it’s flexible composite hernia mesh from the U.S. market after studies revealed complications associated with its use in minimally invasive hernia repairs. These studies indicated a much higher recurrence and revision rate from hernia repairs using hernia mesh compared to similar devices used for this type of procedure.

Ethicon was not able to determine the cause of the issue, and removed this product from the worldwide market.

Huff’s lawsuit is one of many that have began forming amidst Ethicon’s recall. Huff claims he was left with serious injuries and health problems as a result of the complications caused by the hernia mesh, including abdominal wounds that need to be taken care of on a daily basis.

Similar allegations are expected to be filed across the country.

Hernia Mesh has been a popular product used in hernia surgeries since the early 90s. There are several different methods and procedures available, ranging from minimally invasive laparoscopic surgery to traditional methods involving stitches and sutures for repair. Hernia mesh is one of the more common products used for repair today. To bring it into perspective, approximately 90% of hernia surgeries in the groin area use a mesh repair to aid in the healing process.

However, despite their touted success, the potential for failure is real. A infected hernia mesh repair can create lifelong problems for patients. Take the case of Joanne Quinn, a hernia surgery patient from the state of Florida. Physiomesh^TM, a type hernia repair mesh involving nylon and living tissue, was implanted inside her body as part of a routine hernia repair surgery. She later filed a negligence lawsuit against Ethicon, the manufacturer of her hernia mesh product after experiencing complications afterward.

The hernia mesh grew into her intestines, creating an infection which caused severe abdominal pain, diminished bowel motility and bowel obstruction. She underwent exploratory surgery for two hours to remedy the problem, but the doctor was unable to remove all of the mesh, as a portion was deeply embedded in the intestinal wall. She continues to experience pain and discomfort to this day and filed a lawsuit against Ethicon in 2015 for misrepresenting the product.

Obviously in her case, persistent abdominal pain was enough to warrant emergency surgery. She had a warning sign. The pain never went away. In fact, it got worse following the surgery. However, what if you don’t experience symptoms that severe? Is there a way to gauge whether or not your repair is infected? Yes, there is. There are warning signs of mesh failure/infection, you just have to know where to look. See if any of these apply to you.

Four Symptoms of Hernia Mesh Failure

1. Inflammation. It is common after surgery to experience some discomfort. This occurs because the mesh repair becomes inflamed. The inflammation actually promotes new tissue growth, which should serve to strengthen the hernia repair over time. However, for many people, the inflammation does not go away and infection is the end results. If you experience continuous discomfort after surgery, a visit to your doctor for a diagnosis might be in order.
2. Flu Symptoms. Many hernia mesh products have a fatty acid coating on them which will provoke a response from your immune system, especially if an infection is present. If you experience chills, nausea, fever or vomiting, it could be due to infection from your hernia mesh repair.
3. Slow Heal No Heal. If your hernia mesh is infected, it could show up at the site of your incision. Essentially what happens is a build up of fluid (seroma), which prevents the incision site from healing. If your incision appears like it is not healing, or healing entirely too slow, it could be due to an infected hernia mesh.
4. Warmth Near the Incision. This is an easy one to check. If your incision site feels a bit warm,. It could be due to an infected hernia mesh. Infections are known by nature to produce heat. If your incision feels unusually warm, your hernia mesh repair could be to the cause.

Hernia mesh infection is nothing to take lightly. If left untreated, it can wreak havoc on the body in the form of chronic pain as was the case with Joanne Quinn. In some instances it has even been known to create dental problems. If your teeth begin to chip or deteriorate to the point of falling out after hernia surgery, you need to see your doctor to see if you have developed a chronic hernia mesh infection.

Why Hernia Mesh Infection/Failure Requires Surgery for Removal

The reason hernia mesh failure is so dangerous has to do with what happens when the repair become infected. Bacteria clump together, forming what is known as a bio-film. They are usually resistant to antibiotics. They will only quell the symptoms for a while, the infection however, remains. Surgery is necessary to remove the hernia mesh in order for the patient to recover. If left untreated, the infection can grow back stronger.

Sometimes, as in Joanne’s case, a portion of the mesh can not be removed and is left inside the patient. They are left with future treatments, resulting in a mountain of medical bills, and chronic pain. If you have experienced any of the symptoms above after a hernia mesh implantation, or have experienced other abnormalities such as bowel perforation, give us a call. We have a team of experienced lawyers who deal with hernia mesh lawsuits. Your call is confidential and you only pay if your case qualifies for compensation. Contact us today for a risk free review.