Hernia Mesh Case Evaluation

Hernia Mesh Injury Risk and Complications

The United States Food and Drug Administration (FDA) cites on its website a list of the most common adverse events associated with hernia repair surgery utilizing a hernia mesh device. These adverse events may require a costly and painful revision surgery for the patient. Additionally, the FDA calls out complications the agency has been alerted to via medical adverse event report submissions regarding hernia mesh devices that have been recalled, but that were implanted in patients prior to having been removed from the market.

While the FDA maintains that it is “continuously monitoring adverse event report information regarding hernia mesh products in order to communicate new information to patients so they can make informed decisions about their healthcare,” it is also important for patients—both those who have previously received a hernia mesh device implant and those who are potential candidates for hernia repair surgery requiring implantation of a hernia mesh device—to be their own advocate and remain informed about the potential injury risks associated with hernia mesh devices.

Injury risks to patients following implantation of a hernia mesh medical device may include:

• Infection – An internal infection at the site surrounding the hernia mesh device may develop requiring pharmacological treatment and often surgery to remove the mesh.
• Mesh adhesion – Implantation of a hernia mesh device may put a patient at risk of adhesion formation in which the intestines adhere to the device resulting in a bowel obstruction or further surgery to remove the affected area of the intestine.
• Mesh migration – The hernia mesh device may detach from the surgical site and migrate through the abdomen creating a dangerous potential risk of coming into contact with and connecting to internal organs, vessels, or intestines which may result in conditions such as bowel obstruction, abscesses, and/or perforation.
• Organ perforation – The hernia mesh device may perforate or tear the bowel, abdominal wall, or another abdominal organ. Bowel perforation has been cited by the FDA as one of two of the most common injuries of recalled hernia mesh devices.
• Chronic pain – Implantation of a hernia mesh device may result in debilitating pain.
• Intestinal blockages – Bowel obstruction may occur when a hernia mesh device blocks a portion of the intestines due to adhesion or migration from the original implantation site.Bowel obstruction has been cited by the FDA as one of two of the most common injuries of recalled hernia mesh devices.
• Mesh erosion – An implanted hernia mesh device may deteriorate in an untimely manner allowing for the recurrence of the hernia and the need for additional revision surgery.
• Hernia recurrence – The hernia mesh device may not function as originally intended allowing for the recurrence of the hernia at the surgery site and the need for additional hernia repair surgery.
• Mesh shrinkage – An implanted hernia mesh device may contract allowing for the recurrence of the hernia and the need for additional surgery.
• Allergic reactions/Mesh rejection – Some patients implanted with a hernia mesh device may experience a negative reaction to the materials used in the device when the device is first introduced into the body or at a later time following surgery.

Holding Irresponsible Drug and Medical Device Makers Accountable

Trust is extremely important when it comes to medical procedures. You trust that the medicine or medical device your doctors use when treating you will make you better, not worse. As a patient, you put your trust in the companies that design and manufacture these defective drugs and devices. At the expense of patient safety, companies including C.R. Bard, Johnson & Johnson subsidiary Ethicon, Atrium, and Covidien have supplied over a dozen different dangerous mesh products to the public and now face mounting lawsuits. Surgical mesh companies have already paid out over $1 billion over thousands of lawsuit settlements.

Past Notable Mesh Verdicts and Settlements

Ethicon - A Philadelphia jury awarded $20 million to a New Jersey woman in 2017 harmed by an Ethicon transvaginal mesh implant.

Johnson & Johnson - Johnson & Johnson settled 2,790 pending mesh lawsuits in 2016 for $120 million. Johnson & Johnson still faces 40,000 other lawsuits.

Endo International - In 2014, Endo paid $800 million to settle more than 20,000 outstanding lawsuits. In 2013, they also settled an undisclosed number of lawsuits for $54 million.

C.R. Bard - C.R. Bard paid $319 million to settle 6,000 mesh lawsuits in 2013

The Gori Law Firm Mass Torts Team

At The Gori Law Firm, we have over 35 attorneys across 8 offices who have the complex litigation knowledge that is necessary to pursue your case. With a national reputation for excellence, you can rest assured that your case will be handled professionally, efficiently and effectively. With two locations in the St. Louis area, and several others throughout the U.S., our law firm handles cases nationwide.

Our lawyers are particularly compassionate and supportive to our clients throughout the process. As seasoned personal injury attorneys with a nationwide reputation, we have more than 20 years of experience in handling complex lawsuits and will use our knowledge for your case. The Gori Law Firm has obtained more than $3 billion in settlements for previous clients.

To best serve you, it is important to share with us certain information that will help us preliminarily evaluate your potential case by filling out the form at the top of the page. This information that you provide will be personally reviewed by the head of the mass torts group Attorney D. Todd Matthews and Attorney Megan Arvola to determine if our firm may be able to assist you with your case.

Attorney D. Todd Matthews is the leader of the The Gori Law Firm mass torts group. Mr. Matthews is a member of National Trial Lawyers Association, Madison County Bar Association, Missouri Bar Association Solo and Small Firm Committee, Missouri Association of Trial Attorneys, Member, American Association for Justice, American Association for Justice Leaders Forum, National Asbestos Mesothelioma Trial Lawyers, Bar Association of Metropolitan St. Louis. Additionally, he has served on numerous Mass Tort committees in the past and as lead counsel on the Granuflo Litigation in St. Louis City.

Attorney Megan Arvola works under Attorney Matthews on behalf of our injured plaintiffs in mass tort and personal injury litigation. Ms. Arvola comes to The Gori Law Firm, from the chambers of Chief Judge David R. Herndon of the Southern District of Illinois, where she served as a term judicial law clerk for three years. Prior to her federal clerkship, Ms. Arvola graduated from the University of Tulsa College of Law. In 2011, Ms. Arvola received a Burton Award for Legal Achievement, Distinguished Writing Award, in association with the Library of Congress.

Current Hernia Mesh Lawsuits

Over 500 hernia mesh pending lawsuits currently fall under two multidistrict litigation (MDL) dockets relative to Ethicon’s Physiomesh™ Flexible Composite Hernia Mesh (MDL 2782) which has nearly 500 lawsuits pending and Atrium Medical Corporation’s C-Qur™ Mesh Products (MDL 2753) which has 30 pending lawsuits as of January 2018. September 2019 is the current anticipated start date for the first trial under the Ethicon MDL 2782. As of yet, there is no estimated start date for Atrium’s MDL 2753.

A recent case against Johnson & Johnson subsidiary Ethicon found the company liable in a lawsuit where their Prolift surgical mesh implant caused post-implant injuries to the plaintiff resulting in a $35 million verdict, of which $25 million was indicated for punitive damages. This verdict, along with similar settlements against hernia mesh devices, leads experts to anticipate that the manufacturers of these defective hernia mesh products that require plaintiffs to undergo corrective revision surgery or mesh replacement will suffer significant losses due to settlements issued against their products.

Along with these MDLs, other harmful mesh products that may have been recalled in the past or are still on the market today that are involved in either individual or class action lawsuits include:

If you or a loved one has had or is having corrective revision surgery as a result of the implantation of hernia mesh, please click here to protect your rights against the manufacturer of this device.

Hernia Mesh Class Action Lawsuits

As well as individual lawsuits and MDLs, Ethicon and other hernia mesh manufacturers have been subject to class action lawsuits. When multiple plaintiffs with similar cases issue a claim against a defendant or defendants it is known as a class action lawsuit.

C.R. Bard had to pay out hundreds of millions of dollars in settlements as the defendant in a class action lawsuit against the Kugel hernia mesh patch in 2014. Numerous hernia mesh class action lawsuits were brought against Atrium, Johnson & Johnson, and other hernia mesh device manufacturers in 2017. The outcomes of these cases have yet to be determined.

Hernia Mesh Lawsuits: How to File

If you or a loved one has required a corrective hernia mesh revision or replacement surgery or are currently scheduled to undergo a revision or replacement surgery, you should consult with an experienced attorney as soon as possible to see if you are eligible to file a hernia mesh lawsuit. In many cases our clients do not know exactly which product was used in their surgical procedure. This information can be easily found for you by our team through a free case evaluation. Whether you live in Madison County, Illinois, the St. Louis area, or anywhere in the U.S., we can help. In fact, we have a national reputation for excellence, experienced attorneys, and personal service, all on a contingent fee basis, which means that we only collect fees if we recover damages for you.

Hernia Mesh Lawsuit Compensation: How Much Will I Receive?

Manufacturers of hernia mesh products have already been found to be liable in class action and individual claims resulting in verdicts ranging upwards to several million dollars for claimants. However, it is important to keep in mind that compensatory damages awarded in hernia mesh lawsuits will vary by an individual’s case and will take into consideration such factors as:

• A plaintiff’s overall medical expenditures
• Total income lost due to an inability to work (past and future)
• The extent of pain and suffering resultant of complications directly related to a hernia mesh product or a revision or replacement surgery
• Whether or not the hernia mesh product was part of a recall

What Is the Cost to File a Hernia Mesh Lawsuit?

The potential fees associated with hiring a lawyer may make some individuals hesitant to pursue legal action in cases where corrective revision surgery was necessary as a result of the implantation of a defective hernia mesh product. Our attorneys offer a free hernia mesh case evaluation to determine an individual’s eligibility and will move forward with a case on a contingency basis—meaning claimants only pay a fee to their hernia mesh attorney if their case is successful.

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