Hernia Mesh Surgery Lawsuit in Raleigh, NC
Surgeons use hernia mesh to reinforce weakened or damaged tissue when repairing a hernia. Hernia mesh is intended to correct a problem and reduce the recurrence of hernias. But many patients who have hernia mesh implanted experience adverse effects including pain, infection, scar-like tissue, damage to internal organs and recurrence of hernias. If you have undergone a hernia repair and experience complications from the hernia mesh, you may have a right to seek compensation from the hernia mesh manufacturer.
At Hardison & Cochran, our hernia mesh lawsuit lawyers help people who have been harmed by defective medical devices seek full compensation. If you have suffered complications from a hernia mesh implant and required follow-up surgery, our attorneys are available to discuss your legal options. Hardison & Cochran has been in business more than 30 years and has the resources to handle these cases. The attorneys at Hardison & Cochran handle hernia mesh lawsuits on a contingency fee basis. You are never expected to pay a legal fee unless we obtain money for you through a settlement or court award.
If you have questions about a hernia mesh lawsuit, call us today or use our online contact form to schedule a free consultation.
Common Injuries Caused by Hernia Mesh
The use of hernia mesh can cause serious complications and may require additional surgery to replace the defective mesh. An analysis of the most common adverse issues associated with hernia mesh repairs reported to the Food and Drug Administration include the following harmful side effects:
- Hernia recurrence
- Internal bleeding
- Blockage of the small or large intestine
- Tissue adhesions causing organs to stick together
- Perforation of neighboring tissue or organs
- Mesh shrinkage and movement
Many complications caused by hernia mesh involve defective mesh products that have been recalled. The FDA said that recalled mesh products were the primary cause of bowel perforation and severe intestinal blockage issues. While some defective products have been taken off the market, patients may have had hernia repairs and still have defective hernia mesh implanted in their body.
List of Brands of Recalled Hernia Mesh Products
Four major manufacturers of hernia mesh—Atrium, Bard, Covidien and Ethicon—have been the focus of most hernia mesh lawsuits. Because of the widespread use of hernia mesh, there are hundreds of lawsuits in progress. Two products, Atrium C-QUR and Ethicon Physiomesh Flexible Composite Mesh, have had high rates of complications and generate many lawsuits.
- Ethicon Proceed Surgical Mesh — Johnson & Johnson and its subsidiary Ethicon have been named in hernia mesh lawsuits claiming the medical device manufacturers concealed design defects with its Proceed hernia mesh and caused patients to suffer serious injuries.
- Ethicon Physiomesh Flexible Composite Mesh— Physiomesh was made of polypropylene and caused a number of issues for patients including inflammation. Ethicon removed its Physiomesh Flexible Composite Mesh from the market after two studies in Europe showed that patients treated with the product had higher rates of hernia recurrence.
- Atrium C-QUR—Numerous hernia mesh lawsuits have been filed by patients against Atrium Medical, the maker of C-QUR, a permanent mesh implant. Some patients have experienced adverse reactions to the coating of the mesh and had issues with the mesh attaching to internal organs. The product had significant problems that prompted an FDA recall. The FDA obtained a court order to stop Maquet Holding B.V. and its subsidiary Atrium Medical from manufacturing any more C-QUR mesh products because of issues at its manufacturing plants. The federal court has established multi-district litigation for C-QUR hernia mesh lawsuits focusing on design defects and failure to warn of problems with the mesh.
- Covidien Parietex and Surgipro Hernia Mesh—Covidien faces a number of lawsuits alleging that its hernia mesh products can cause serious complications.
It’s not unusual for patients to be uncertain about the specific brand of hernia mesh used in their hernia repair surgery. Contact your doctor’s office to get the name of the mesh product.
Timeline of a Hernia Mesh Lawsuit
The first step in the process is finding a reputable attorney who has experience handling hernia mesh lawsuits and dealing with the complex issues that product liability cases entail.
An attorney at Hardison & Cochran can obtain the medical records from your hernia surgery and have a medical professional analyze them to determine whether defective hernia mesh caused your injury.
If we believe that you have a valid claim and you select us to represent you, we will prepare a petition that outlines the facts of your case and how the product harmed you. These lawsuits are filed against the manufacturer of the hernia mesh, not your surgeon.
After the lawsuit is filed and served on the manufacturer, the next phase is known as the discovery process. During this phase, the opposing sides exchange information, conduct depositions of witnesses and gather evidence to support their case. This may involve filing motions asking the court to compel the defendant to produce documents if they are uncooperative.
Product liability cases in which many people have similar claims against a mesh manufacturer may be consolidated in multi-district litigation to handle the pre-trial phases of the cases more efficiently. Each case is still tried separately if the lawsuit proceeds to trial.
Settlement negotiations can occur at any time during the case. They are more likely to happen after the two sides have exchanged information during discovery and have a better understanding of the strength of the case.
Most hernia mesh cases are settled out of court to avoid the expense and uncertainty of litigation. If a settlement cannot be reached, our attorneys will be prepared to present your case to a judge and jury and seek justice in court.
Hernia Mesh Lawsuit Statute of Limitations
Patients who are injured by defective medical devices in Raleigh or elsewhere in North Carolina typically have two years to file a hernia mesh surgery lawsuit against the manufacturer. You are required to file your lawsuit within the statute of limitations or the court will dismiss the lawsuit.
Hernia mesh problems are not always apparent at the time of the hernia repair. If the hernia mesh injury wasn’t recognized at the time of the hernia surgery, it may be possible to extend the amount of time available to file a lawsuit to two years from when the hernia mesh injury was discovered.
A Hardison & Cochran attorney experienced with handling product liability claims can help make sure your defective medical device claim is filed in a timely fashion.
How Much Compensation Can I Receive?
The amount of compensation available in a hernia mesh lawsuit depends on the specifics of the case and the severity of the individual patient’s injuries from the defective mesh product. In some instance, mesh complications can be disabling.
Generally speaking, people who file hernia mesh lawsuits may be entitled to demand compensation for:
- Medical expenses, including follow-up surgeries
- Lost wages from missed work
- Future lost earnings
- Pain and suffering
- Mental anguish
- Permanent impairment
The attorneys at Hardison & Cochran believe that medical device manufacturers should pay the full costs associated with corrective surgeries and lost income when hernia mesh causes harm to patients.
Contact a Hernia Mesh Lawsuit Attorney
If you or your loved has experienced complications from a hernia repair, you won’t know whether a defective product was the cause of the complications without talking to a hernia mesh lawsuit attorney. You should not have to pay for corrective surgery when the problem is defective surgical mesh.
If we believe that you have a valid hernia mesh claim, we will handle your lawsuit on a contingency fee basis. You won’t owe us any legal fee unless you receive compensation through a negotiated hernia mesh settlement or court award.
Product liability cases involve extensive research. You want to work with a law firm that has the resources needed to pursue complex litigation. Hardison & Cochran is a highly regarded law firm in Wake County that has been in business more than 20 years. Our mission is to stand up for people in North Carolina who have been harmed by dangerous medical products including defective hernia mesh.
Our law firm has offices in Raleigh and Durham, as well as Greensboro, Fayetteville, Dunn, Southern Pines and Wilmington.