Hernia mesh inserted to stabilize tissues for hernia repairs are having many serious complications. Hernia mesh lawsuits move forward against many manufactures.
Hernia mesh lawsuits seek compensation, damages for patients
Hernia mesh is a medical device used in hernia surgeries to support tissue around hernias in the stomach, groin or abdominal area.
Since the early 2000s, hernia mesh products from Atrium, Bard Davol, Covidien, Ethicon and others have been shown to fail, causing injury to patients and leading to lawsuits against the companies for damages and injuries.
How does hernia mesh work?
Hernia mesh is often used as part of surgery to treat hernias in the inner or outer groin (femoral or inguinal hernias), stomach (ventral or hiatal hernias), diaphragm (diaphragmatic hernias) or around an incision site (incisional hernia).
Hernias typically form when overexertion, lifestyle factors or muscle weakness cause an internal organ to push through tissue, creating extreme discomfort. Some hernias are visible, but not all.
Doctors use hernia mesh to support hernia tissue after surgery as the tissue heals. During a hernia surgery, the surgeon will embed the hernia mesh into the body. Hernia mesh can be synthetic—made from fine plastic threads, woven together—or from organic tissue.
Does hernia mesh put patients at risk?
A number of hernia mesh products, primarily synthetic, have been shown to fail, injuring patients after surgery. Claims against hernia mesh manufacturers describe their products coming loose inside the body, not incorporating into existing tissue or balling up inside the patient’s body.
These hernia mesh failures can cause pain and infections and may even cause a resurgence of the hernia. Failed mesh can also lead to scar tissue, impede the intestines and cause bleeding, fistula and fluid build-up. These effects may begin at any point after surgery. They may also continue even after patients undergo a follow-up surgery to remove the failed hernia mesh.
Brands of hernia mesh named in lawsuits:
C-Qur (C-Qur Mosaic, C-Qur Edge, C-Qur TacShield, C-Qur Mesh V-Patch)
Parietex (Parietex Composite Ventral Patch, Parietex ProGrip Self-Fixating Mesh, Parietex Optimized Composite Mesh, Parietex Plug and Patch System, Parietex Composite Open Skirt (PCO OS) Mesh, Parietex Optimized Open Skirt Mesh, Parietex Composite Parastomal (PCO PM) Mesh, Parietex Composite Hiatal Mesh (PCO 2H), Parietex Hydrophilic Anatomical Mesh, Parietex Folding Mesh, Parietex Flat Sheet Mesh, Parietex Lightweight Monofilament)
Ethicon (Johnson & Johnson):
PerFix (PerFix Plug, PerFix Light Plug)
3DMax Mesh and 3DMax Light Mesh
Marlex (Bard Mesh Dart, Bard Mesh
Kugel Hernia Patch and Modified Kugel Hernia Patch
Composix (Composix E/X, Composix L/P, Composix Kugel Hernia Patch)
Ventralex (Ventralex Hernia Patch, Ventrio Patch, Sepramesh IP, Ventralex ST Patch, Ventrio ST, Ventralight ST)
Patients impacted by failed hernia mesh are entitled compensation
A series of lawsuits against Atrium, Bard Davol, Covidien (now Medtronic) and Ethicon (a subsidiary of Johnson & Johnson) have sought compensation for the damages their failed hernia mesh products caused to patients.
Three separate multidistrict litigations (MDLs) against Atrium, Ethicon and Bard Davol now allege that the manufacturers are liable for the injuries their products caused to patients. This liability may cover medical costs as well as lost income and other damages.
Atrium faces nearly 2,000 lawsuits in and MDL over its Atrium C-QUR hernia mesh. The MDL began in December 2016 and the number of cases is still growing.
Bard Davol faces over 3,500 lawsuits from consumers injured by its products, including PerFix Mesh, 3DMax Mesh, Ventralex Mesh and others. The suits against Bard Davol were grouped under an MDL in August 2018.
Ethicon is now being sued in an MDL involving nearly 2,500 lawsuits from consumers hurt by Ethicon Physiomesh Flexible Composite hernia mesh. The MDL began in June 2017.
Ongoing cases against hernia mesh manufacturers all involve products containing polypropylene, a plastic that can degrade or break, causing problems for the patient.
Cases against hernia mesh brand Bard Davol have already secured compensation for patients
In 2011, Bard Davol paid $184 million in a settlement over injuries caused by its Kugel Patch hernia mesh product. The settlement involved 2,600 Kugel Patch lawsuits, grouped under an MDL. The cases against Bard Davol began after the company recalled the Kugel Patch in 2005.
By 2010, two bellwether trials—test cases from the MDL—went ahead, with Bard Davol winning the first but a patient winning over $1.5 million in the second. The MDL over Kugel Patch failures was closed in 2017 after patients won the settlement.
The number of cases against hernia mesh manufacturers continues to grow and personal injury lawyers are still taking on clients for the ongoing MDLs.