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When To File A Hernia Mesh Lawsuit

 Here’s everything you need to know before you file a hernia mesh lawsuit, from hernia mesh failure symptoms to how to file the lawsuit and more.

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

Or 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. And there’s a few things you need to know before you file a hernia mesh lawsuit, like the symptoms, how to file the lawsuit, and much more.

If you’re the recipient of a hernia mesh implant and 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 to learn more about hernia mesh failures.

Woman experiences hernia pain.

Know The Legal Issues Behind Hernia Mesh Lawsuits?

If you’re suffering from complications after having a hernia mesh placed, you’re probably thinking the surgery went wrong. And oftentimes, these types of complications do arise because of a surgeon’s negligence. But 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. Oftentimes, further surgery is 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 know if your hernia mesh failed? The failure will often cause symptoms you can’t ignore. And there are a number of symptoms and complications commonly associated with hernia mesh failure. Let’s take a look.

Potential signs and symptoms of hernia mesh infection include:

    • Infection
    • Serious pain
    • Bruising
    • Painful swelling
    • Burning sensation
    • Nausea
    • Throwing up
    • Stomach pain
    • Flu-like symptoms
    • Stiffness in your stomach
    • Difficulty urinating
    • Bowel obstruction – difficulty passing gas and stool
    • High fever
    • Drainage from surgical site
    • Heat or soreness around surgical site
    • Noticeable lump near surgical site
    • Seromas

Noticing sudden bloating or the inability to pass stool? It may be because the hernia mesh has migrated, preventing proper use of the digestive system.

Or if you have the symptoms of infection, you may want to look into that more too. Because that can be caused by hernia mesh erosion – when hernia mesh begins to degrade, it can lead to infection.

But don’t panic if you’re experiencing a symptom in the list above. You don’t necessarily have hernia mesh failure on your hands.

Many people, for example, have had stomach pain and nausea without experiencing hernia mesh failure. With that said, if you’re experiencing any of the symptoms above after hernia surgery, you may want to get a second opinion.

And if you find that you do have some form of hernia mesh failure, contact the best attorney you can find fast. The sooner you can get your lawsuit rolling the better.

Woman gathering legal documents.

How 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 event has 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 have to 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 learn everything you need to know before you file a hernia mesh lawsuit, and we can help you through the entire process.

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 happens in the abdomen. The contents of the abdomen protrude outside of the abdominal cavity. (Yikes!)

The protrusion forms a lump which can enlarge and cause a lot of pain, although how much pain depends. Where the hernia is located has a huge impact on how much pain a person might feel.

What are the different types of hernias?

Hernias fall into one of two categories: abdominal hernia or groin hernia. Groin hernias can either be inguinal or femoral. And 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, AKA surgical mesh, is a prosthetic sheet doctors use to support damaged tissue around a hernia. 

Do all hernias require mesh?

Nope. Not all hernias require mesh as a form of treatment. That said, 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 get paid for a hernia mesh lawsuit?

Here’s the thing. It’s hard to estimate the payout of a lawsuit before you know all the details. Why? Because the payout depends on individual cases and circumstances. Now, hernia mesh lawsuits can very well be worth up to $1 million, but again, it really depends on the details. The best thing you can do is contact the most experienced and successful attorney you can find, and have them walk you through your options.