When you’ve been injured or just had an operation, a surgical mesh is placed on the affected area for protection and support. But what if instead of helping you recover faster, you’re subjected to complications by these medical devices?
Such is the case for faulty mesh used in surgeries like hernia—a condition resulting from the displacement of an organ. And as with other defective products, improper hernia mesh could cause life-threatening complications in some patients. If you think you've been implanted with this damaged medical tool, this article would help you move forward legally by having a hernia mesh attorney. But first, here are the basics you should know:
What is a hernia mesh?
As its name implies, a hernia mesh is a medical device shaped like a net that’s used in repairing hernias. Usually, a hernia causes a bulge in the groin or abdominal area, and hernia mesh is implanted to enhance tissue repair and to reduce the chances of recurrence. It can be created using either natural or synthetic materials, and they’re often made from plastics such as polypropylene and polyethylene terephthalate (PET).In the United States alone, about 800,000 hernia repairs are done annually, according to the Food and Drug Administration (FDA). Of these operations, about 90% required the use of hernia mesh. And as the demand for the product increased, so are the number of patients who allegedly suffered from the terrible effects of defective hernia mesh.
Hernia mesh recalls
The FDA first recalled hernia mesh in 2005 as the agency issued product defects on specific pharmaceutical or medical companies showing manufacturing and packaging errors. In 2014, the FDA issued numerous hernia mesh implant warnings due to an increasing number of complaints.Complications attributed to hernia mesh
The FDA recall was prompted by particular issues blaming defective hernia mesh implants as the majority of the complaints involved persistent pain, infections, organ and tissue damage, mesh migration, recurrence of the hernia, and blockages in the abdominal system.These problems and complications forced patients to suffer from the medical, mental, and psychological effects of these problematic meshes. For instance, infections and pain were dealt with by performing another surgical session, and naturally, this activity led to higher expenses. These problems mean patients may be entitled to compensation, and filing a personal injury lawsuit could be an option.
What is a hernia mesh lawsuit?
A hernia mesh lawsuit is a legal claim against hernia mesh manufacturers filed by a person who experienced or continues to suffer from various complications arising from the defective mesh product.If you or a family member suffered from any of the complications mentioned, you may be eligible to file a complaint, and a hernia mesh attorney can help you determine whether you have a strong case. The key to a successful claim lies in you and your lawyer’s ability to prove the complications were directly caused by medical malpractice driven by product defects and improper labeling, among others.
What damages can I sue for?
With personal injury claims, you can sue for various types of damages, and these claims will be qualified by the law depending on the state where you’re filing the complaint. Generally, lost wages and earning capacities, medical bills, and other costs fall under economic damages.Pain and suffering, as well as anguish, qualify for non-economic damages. Lastly, you may claim punitive damages, which refers to your request to penalize the manufacturer for creating sub-standard products.
Filing a hernia mesh lawsuit
If you think you may be eligible for a hernia mesh claim, these are the steps you need to take:1. Get the doctor’s operative report
To have the necessary details about your potential hernia mesh lawsuit, gather your medical records. A physician typically attaches the sticker from the hernia mesh box to the operative report, and it contains information such as the manufacturer’s name, hernia mesh model, lot number, and so on.2. Identify the mesh product
There are a host of hernia meshes available in the market, and they’re either made from natural or synthetic materials. Once you have the details of the mesh used in the hernia operation, check whether it’s included in the list of meshes allegedly defective or named in the numerous complaints filed before the courts.
