There’s been an alarming increase of hernia mesh lawsuits being filed in the United States. Mesh products have been used to repair hernias for decades but many people have been complaining of adverse side effects and complications that have emerged post-surgery. If you’ve had hernia mesh repair surgery and have been experiencing some side effects, here are three signs that you should file a lawsuit.
1. You’ve Experienced the Following Side Effects and/or Complications
If you’re experiencing the following hernia mesh side effects and complications, you’re likely to succeed in a potential lawsuit:
- Area around the surgical site is unusually warm, hot, tender or inflamed.
- Wound isn’t healing as it should.
- Fever and/or flu-like symptoms.
- Nausea and/or vomiting.
- Bloating and inability to pass stool.
- Wound is extremely sore and painful – to the point where it’s impacting your daily activities.
- Noticeable lump in or around the area of the original hernia site.
It’s important to consult your doctor for medical advice if you experience these side effects as they could lead to or indicate the following complications:
- Mesh migrating to other areas of the body.
- Mesh adhering to other organs as it moves around.
- Mesh obstructing organs e.g. the bowels.
- Mesh infection.
- Mesh being rejected by your body.
- Mesh shrinking or contracting.
- Hernia recurrence.
- Nerve damage.
- Mesh erosion.
2. Your Mesh Implant is Facing a Class Action Lawsuit
In order to successfully file a hernia mesh lawsuit, you need to have had a specific type of mesh product. This is because lawsuits are only being made against some mesh manufacturers. If your implant isn’t one of these, it’s unlikely that your claim will be successful.
At the time of writing, you can file a lawsuit if you have one of these implants:
- Physiomesh by Ethicon (a Johnson & Johnson subsidiary).
- C-QUR by Atrium.
- The following products by Covidien/Medtronic:
- 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 Mesh
- The following products by Bard/Davol:
- Composix EX
- 3D Max
- Perfix Plug
- Kugel Hernia mesh patches
- Composix Kugel
- Ventrio ST
- Regenerative Tissue Matrix by Alloderm.
3. Your Mesh Has Caused a Significant Amount of Damage
The more damage your mesh implant has caused you, the more likely your case is to succeed. By damage, we don’t just mean physical damage. We mean emotional and financial as well.
Consider the following questions when you’re trying to assess how much damage your mesh has caused you:
- How much physical damage has your mesh caused?
- How have these injuries affected your life? Has it affected you to the point that you’re unable to carry out activities that you could before your initial mesh surgery?
- Have you needed corrective surgery, rehabilitation or additional medication? If so, how much and to what extent?
- Have you had to pay for these surgeries and other medical expenses? If so, how much? (Remember to keep a record of this).
- How much income have you lost as a result of needing surgery?
- How much income have you lost as a result of needing days off due to your injuries and/or recovery process?
- How much income will you lose in the future as a result of the above?
With all of these questions, you should try and collect as much evidence you can in relation to them. This will make your case stronger and allow your attorney (when you come to choosing one) to calculate how much compensation you might be owed.
Now, Ensure You Find the Right Attorney to Handle Your Case
To increase your chances of a successful hernia repair lawsuit, you need to find the right attorney. The following are the components you need to look out for if you want to find a lawyer who’s both good and right for your case.
1. Qualifications and Experience
Firstly, you need to find someone who’s qualified and has had years of experience working on high profile personal injury cases. What’s better is if you can find a personal injury lawyer who has handled hernia mesh cases similar to yours.
2. Success Rates
Then, you should check the lawyer’s success rates. Even the best lawyers won’t win every single case they’re assigned to, but a high success rate certainly bodes well for your case.
When you’re analyzing their success rates, make sure you pay attention to their most recent cases, particularly if they’re hernia mesh related, as these represent how well they’re doing at the minute. Then look at their success rates overall to see how often they succeed.
3. Satisfaction Rates
Finally, you need to make sure your lawyer is someone you can trust and feel comfortable with. Will they have your best interests at heart? Can you comfortably confide in them about your hernia mesh problems? It’s important that you and your lawyer can build a stable rapport, but for that to happen, you need someone you can trust.
Start by reading testimonials or asking around to find out how satisfied the lawyer’s previous clients have been.
Choose the Perfect Hernia Mesh Attorney
At Coxwell & Associates, our team of qualified, professional lawyers have been helping Mississippians, like yourself, for over 35 years get the justice they deserve. We strive to provide you with nothing less than the best representation so you have the highest chance of success in your hernia mesh claim.
We provide free case consultations so if you think you might be eligible to file a hernia mesh lawsuit, simply click the button below and a member of our team can help you get started.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.