A woman is crunched over in pain from hernia.

What You Need To Know Before You File

Did you know that some people suffer chronic mesh pain that doesn’t go away for several years?

Did you also know that there have been thousands of lawsuits against against hernia mesh manufacturers?

What about the fact that 90% of all hernia cases in recent years have been treated with hernia mesh?

Yup, we’re dropping some serious facts today because hernia mesh pain is no joke. 

If you’re the recipient of a hernia mesh implant and consequently suffered complications because of it, you may be entitled to compensation. Whether it’s against the company that manufactured the mesh, or the surgeon who inserted it, you may have a reason to file a hernia mesh lawsuit. Our lawyers are experienced in handling cases that involved faulty, defective medical devices.

We know you’ve got questions. Keep reading below to learn more about hernia

mesh failures. 

Woman experiences hernia pain.

What’s The Legal Issue Behind Hernia Mesh Lawsuits?

If you’re suffering from complications after having a hernia mesh placed, you’re probably thinking the surgery went wrong. While those complications could arise because of a surgeon’s negligence, it could also be because the device was faulty.

Many hernia mesh products have caused unnecessary injuries. These might not have occurred if a different hernia mesh product was used. It could simply be a manufacturing defect. Many hernia mesh devices can shrink, break, contract, or migrate, leading to severe damage. Many times, further surgery may be required.

So what are the common grounds for filing a hernia mesh lawsuit?

  • Manufacturing defect
  • Hernia mesh design defects
  • Improper labeling that failed to warn surgeons of effects or dangers
  • Negligence by the surgeon who implanted the device

Hernia Mesh Failure Symptoms

Wondering how to tell if hernia mesh failed? The failure will often lead to symptoms that you can’t ignore.

Here are some of the symptoms and complications commonly associate with hernia mesh:

    • Infection. This can be caused by hernia mesh erosion. If the hernia mesh begins to degrade, it can lead to infection. Signs and symptoms of hernia mesh infection can be:
      • Fever
      • Inflammation
      • Flu-like symptoms
      • Burning sensation
      • Redness
      • Abdominal pain
      • Heat or soreness around surgical site
      • Noticeable lump near surgical site
      • Nausea
      • Seromas
      • Bowel obstruction.

If you’re noticing sudden bloating or the inability to pass stool, it may be because the hernia mesh has migrated and prevented proper use of bowels.

Woman gathering legal documents.

How To Prepare To File A Hernia Mesh Failure Lawsuit

  • Know who manufactured your hernia mesh device.

It’s important to know which company made the hernia mesh that was used to repair your hernia. There might be lawsuits against that specific manufacturer already. Identifying the manufacturer is also helpful in determining where to file your case.

  • Gather your documents. 

You’ll need to have all the facts in front of you before you begin thinking of a lawsuit. We’re talking dates, names of doctors, location of hospitals/surgical sites, consent forms, etc. There’s no such thing as too much information when it comes to gathering evidence for a lawsuit. (Check out our tips for preparing for your first meeting with a lawyer.

  • Act fast!

Here’s the thing. You can’t file a malpractice lawsuit decades after the events occurred. In fact, there’s usually a short window in which you can file. Although the statutes of limitations depend on location and specific events, you still need to act quickly!

  • Find an expert to help

Finding a medical malpractice attorney who is experienced in medical device lawsuits is critical. This can help maximize your compensation.

Hernia Mesh Damages & Compensation 

People who’ve faced hernia mesh failures also suffer other damages:

  • Economic damage.
  • Loss of income – complications from hernia mesh can interfere with daily activities
  • Medical expenses – from prescription medicines, to frequent doctor visits, the bills can add up. Oftentimes, hernia mesh failures must be “fixed” with subsequent surgeries. 
  • Emotional distress. The impact on daily activities can really bring down the quality of life. (Like pain and suffering

It’s difficult to put a price on psychological and physical pain. Hernia mesh failures can lead to a lifetime of pain and injuries. An experienced medical malpractice lawyer can compensate you for your economic, physical, and emotional damages. 

Your lawyer will recommend the best course of action for your case.

Woman talks to a medical malpractice lawyer.

Talk To A Medical Malpractice Attorney

Hernia mesh lawsuits are rising! So much so, it has prompted the recall of many products. If you believe your complications and injuries are due to your recent hernia mesh surgery, please reach out. At Hampton & King, our defective medical device attorneys are equipped with the knowledge, resources, and experience to help your case. Don’t delay! Contact us today to file a hernia mesh lawsuit.

Hernia Mesh FAQ’s

What is a hernia?

A hernia occurs when a weakened muscular wall allows an organ or fatty tissue to push and squeeze through. This usually occurs in the abdomen. The contents of the abdomen protrude outside of the abdominal cavity. The protruding forms a lump which can enlarge. This lump can cause huge discomfort. Where the hernia is located has a huge impact on the level of pain a person might feel.

What are the different types of hernias?

Hernias are categorized into one of two categories: abdominal hernia or groin hernia. Groin hernias can either be inguinal or femoral. Abdominal hernias can either be umbilical, incisional, hiatal, spigelian, or epigastric. 

  • Umbilical – Newborns are more likely to get an umbilical hernia than adults. These are the second most common type of hernias. Umbilical hernias occur when an intestine pushes into a muscle near the belly button.
  • Incisional – You can probably guess what kinds of hernias these are just by the name. These occur due to incisions, usually from a surgery in the abdomen.
  • Hiatal – No intestines involved here. Hiatal hernias involve the stomach. The stomach will bulge through the diaphragm and into the chest
  • Spigelian – These occur when parts of the bowel push through into the abdomen.
  • Epigastric – Fatty tissue pushes its way through the abdomen and towards the lower chest area
  • Inguinal – Most hernias are inguinal hernias. These occur in the groin area when intestines push through the lower belly.
  • Femoral – Not so common. These hernias occur when tissue pushes from the lower abdomen into the thigh.

What is a hernia mesh?

Hernia mesh, or sometimes called surgical mesh, is a prosthetic sheet used to support damaged tissue around a hernia. 

Do all hernias require mesh?

No. Not all hernias require mesh as a form of treatment. However, 9 out of 10 hernias in the United States are treated with hernia mesh. Hernia mesh is often an invaluable treatment. But because each mesh is different, and each surgery is unique, it can lead to detrimental complications. 

Who is liable for complications?

This entirely depends on why the complications came about in the first place.

Was there a problem with the mesh itself? You’ll probably want to file a lawsuit against the manufacturer.

Was there an issue with the way the mesh was implanted? You’ve got yourself a medical malpractice case. The lawsuit will likely be against the medical provider/staff/hospital who implanted the hernia mesh.

How much can I expect to get paid?

It’s hard to estimate the payout of a lawsuit before all the details are known. The payout depends on individual cases and circumstances. Hernia mesh lawsuits could very well be worth up to $1 million.