Approximately one million hernia repair surgeries are completed each year in the United States, according to the Federal Drug Administration (FDA). Chronic pain happens in about 10-12 percent of patients after an inguinal (groin area) hernia repair procedure, according to Surgery.
In some cases, this pain may be attributed to a defective mesh used in the hernia repair process. If you are one of these affected patients, the manufacturer of the hernia mesh product should be held liable for the pain and suffering they have caused you and thousands of others. A Lafayette hernia mesh lawyer from our team can help you with your case.
Current Hernia Mesh Mass Tort Lawsuits
While many hernia mesh victims have already received compensation, as of September 2021, more than 20,000 hernia mesh lawsuits were still pending in either state or federal courts across the country.
If you believe defective hernia mesh may be causing your pain after hernia surgery, you may want to reach out to a mass torts attorney right away. A hernia mesh lawyer could help provide the next steps after discovering the harm you have suffered.
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Common Reasons for Hernia Repairs
Surgical mesh is commonly used in hernia repair surgeries. In fact, surgical mesh is used in over 90 percent of groin-area hernia repairs, per the FDA. This mesh can be beneficial in many ways, as it can limit complications and speed recovery time.
However, complications can still occur with these surgeries. Some patients may have pain, infection, or even a recurrence of their hernia. Sometimes, these complications can be linked to defective mesh implants.
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Symptoms of Mesh Failure
Mesh failure can present in different ways for each patient. Common symptoms of mesh failure include:
- Pain
- Internal bleeding
- Infection
- Recurring hernia at the surgical site
- A lump near the surgical site
- Soreness and warmth at the surgical site
- Fever, nausea, and vomiting
- Feeling bloated
What Products Are Typically Recalled?
Developers and manufacturers of medical equipment and devices, such as hernia mesh, are responsible for making safe products. When a defective product is sold and used, a recall is usually issued by the FDA or the manufacturer. While this is the responsible thing to do, it is often too late to prevent thousands of patients from suffering due to a defective product that should not have been on the market in the first place.
Physiomesh from Johnson & Johnson’s subsidiary Ethicon and C-Qur from Atrium Medical Corporation are just two of the hernia mesh products that are well-known for causing complications. The FDA recalled both under 21 CFR 7. Attorneys with experience in hernia mesh cases should know all about the risks these two products present and could help affected patients take stock of their injuries and seek compensation for them.
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How a Hernia Mesh Attorney with Our Law Firm Could Help
If you suffered physical pain or complications – or even had to undergo another surgery – because of defective hernia mesh, you may have grounds to hold the hernia mesh manufacturer responsible. Your claim may be able to help you recover money for your damages and could also help save other patients from the pain and frustration you endured.
Hiring a personal injury lawyer to handle your hernia mesh lawsuit will ensure you have a legal representative guiding you through the complex litigation process. Your attorney will fight for damages on your behalf and manage all communications with all parties. We will answer your questions, explain relevant laws, and ensure you understand the decisions made. We will also handle essential legal paperwork and meet key deadlines, saving you time so you can focus on your injury.
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Recoverable Damages in a Defective Hernia Mesh Case
If you have a defective hernia mesh case, you could recover various damages for the financial and non-financial losses you have experienced.
Economic Losses
Dealing with this issue could have put you out of work, reducing or ending your income. You may have also incurred costs for any of the following because of the defective hernia mesh that injured you:
- Hospital visit expenses
- Diagnostic tests (MRIs, CT scans, X-rays, bloodwork, lab work)
- Corrective surgeries
- Prescription medications
- Physical therapy
- Ambulatory care and transportation to your medical appointments
- Lost or reduced wages, benefits, bonuses, and tips
- Lost promotions and sick leave pay
- Past and ongoing medical care
These are called economic losses because they have a specific financial value that you can prove through medical bills, paystubs, receipts, etc.
Non-economic Damages
You could also recover compensation for the physical, mental, and emotional hardships you went through and could continue going through while dealing with your injury. Damages covering these injuries are called non-economic damages, and they may include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Temporary or permanent disability
- Disfigurement or scarring
- Loss of enjoyment of life
You also may be able to recover expenses from any mental health therapy or counseling you needed to deal with the trauma of your injury. This includes if you experienced depression, anxiety, post-traumatic stress disorder (PTSD), or sleep disturbances, such as insomnia.
Your Lafayette hernia mesh lawyer will review with you how your hernia mesh injuries have affected your daily life. Any journal notes, videos, or photos you have that can show how your daily life has changed may help us prove your case. If you haven’t started documenting your injury and its effects on you, we encourage you to start now.
Proving Your Defective Hernia Mesh Case
Hernia mesh injury cases usually fall under the umbrella of product liability claims. If the company that made the mesh is responsible for your injury, we could file a product liability lawsuit.
Product liability negligence involves proving that a product is unsafe because of how it is made, designed, or marketed. This suit could involve multiple liable parties, such as the manufacturer, seller, distributor, wholesaler, or another entity that made the defective product available to consumers.
Louisiana law (RS 9:2800.54) allows manufacturers to be liable if their product causes harm after a consumer uses it in the way it was intended. Your attorney can pursue legal action proving liability negligence in your case if we can prove:
- The mesh manufacturer owes consumers a reasonable duty of care to ensure its medical products are safe to use.
- The mesh manufacturer failed to carry out a duty of reasonable care, such as warning consumers about the mesh’s dangers.
- You, the claimant or plaintiff, used the product as intended and were injured as a result
- You, the claimant or plaintiff, suffered damages due to those injuries.
We Will Need Time to Build Your Case
We will build your case based on the evidence we have, including witness testimony. We also may consult with expert witnesses who can give a professional opinion about your case. If you want to work with an attorney on your defective hernia mesh case, we encourage you to start as soon as possible.
Your lawyer will need time to investigate what happened, collect and review evidence, submit important paperwork, and negotiate on your behalf. They may also need time to file a civil lawsuit if necessary before the statute of limitations expires.
If it is determined that a doctor implanting a defective mesh caused your pain, we can discuss your legal options for filing a medical malpractice lawsuit against the medical professional and other involved parties.
Call Us Today for a Free Consultation
A hernia mesh lawyer with Laborde Earles Injury Lawyers could evaluate your case to determine if you could file suit for individual compensation or become involved in a mass tort lawsuit against the manufacturer of your hernia mesh implant.
Call (337) 777-7777 today to receive a free consultation and learn more about your options.
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