How to Qualify for a Hernia Mesh Lawsuit
Updated: Jan 21, 2021
The hernia is a common condition among men and women that not only causes discomfort, it also basically makes it harder for them to do certain jobs and tasks. There are many ways to treat hernia in men but most of them require surgery. By far one of the most popular treatments for hernia in the US is a medical device called the hernia mesh.
Before we talk about what a hernia mesh is, it’s first important to talk about what a hernia actually is. A hernia is a condition wherein an organ, intestine or any fatty tissue seeps through a hole or a weak spot inside a person’s muscle or tissue. Most commonly, hernias happen in the abdominal wall as per the FDA. Some hernias aren’t visible to the human eye but there will be times when a bulge is easily noticeable on the affected area.
It is the result of many factors surrounding the body. However, most are caused by a combination of excessive pressure as well as a weakness in the patient’s muscle or connective tissue. What happens is that when pressure is exerted, the organ is pushed out of the muscle or tissue.
Some people are born with weak muscles and tissues. That doesn’t make them a victim of hernia immediately. External pressure caused by lifting heavy objects and something as simple as coughing or sneezing could eventually cause that weakness to breakthrough, thus resulting in the person's organs seeping out.
There are many forms of hernia. It depends on where the weakened muscle is and where the organ slipped out. The most common form is the abdominal area where the intestines go through the hole. Most hernia patients are those who’ve done the heavy lifting for prolonged periods as well. Once you feel discomfort internally when lifting a heavy object. It’s a must that you consult a doctor immediately.
What Is A Hernia Mesh
That being said, the most obvious way to treat a hernia is to focus on the hole or the weak muscle inside the body. With that principle in mind, medical experts have created a hernia mesh, also called a surgical mesh. This device is essentially a gauze that is put over the damaged area which prevents the organs from going through until the muscle or tissue becomes stronger.
One of the upsides to a hernia mesh is that it could improve a patient’s recovery time. What’s even better is that the mesh acts as a barrier that prevents the organs from going out through the hole as well. Despite being a wonderful medical device, the hernia mesh isn’t perfect. Some patients who’ve undergone the treatment have reported complications as well.
There are pores in the mesh that will eventually grow into the device. Once placed, hernia meshes are removed usually via surgery. However, most doctors recommend leaving the mesh in place. It is only removed if there are complications with the mesh. Patients will usually feel something is wrong with the mesh as they will feel discomfort.
In cases like these, you might be a candidate for compensation after a lawsuit is settled in court. A lot of people have already gone through this process. What exactly warrants such a lawsuit?
Problems Stemming From Hernia Mesh
Keep in mind that just because you have a hernia mesh, that doesn’t mean that something is bound to go wrong. In fact, the only Hernia mesh lawsuits stem from mesh that was manufactured by Bard Davol, Ethicon, and Atrium. These meshes failed their patients and eventually caused serious injuries as well.
In 2011, Bard paid a lawsuit settlement that amounted to $184 million. These came from settlements of about 3,000 cases in 20111 alone. As with most cases related to medical malpractice, the compensation is used to help cover medical bills, lost wages, and even legal expenses caused by the failed mesh.
There are a few qualifications that you need to pass before you are qualified for a lawsuit. For starters, your hernia mesh should have been installed either on or after Jan. 1, 2006. If you’ve had the mesh on from before 2006, you are already not qualified for the lawsuit, but it’s still best to consult with the legal expert.
To this date, some hernia meshes still fail. It’s best to consult with your doctor as to which hernia mesh has the lowest failure rate just to stay safe.
The most important qualification is that you must’ve suffered serious injuries from the failed mesh. These complications include intestinal blockage, mesh migration, infection, and most importantly, hernia recurrence. The injury needs to have occurred 30 days after the mesh was installed in your affected area.
It’s vital that you immediately head back to the doctor once you feel something off within your body. Pain in the affected area should be non-existent especially if the surgery area has already healed. The worst of the conditions is the infection as these could lead to other major complications eventually.
You also qualify if you’ve had to have a hernia revision surgery or additional surgery because of the complications caused by the mesh. Aside from surgeries already done, lawsuits are also going to cover the scheduled surgeries you have ahead of you so long as they are caused by the hernia mesh complication as well.
The settlement is crucial to help you recover financial losses caused by the injury. For starters, you won’t be able to work for more days if the injury occurs. The lawsuits should cover all the days off of work you’ve had to take off because of the injury. Perhaps more important is that the lawsuit will help cover everything else you need to pay in the hospital once the injury occurs.
A hernia mesh is one of the best treatments for a hernia. Nine out of ten US doctors actually recommend using this as a means to treat the condition. Still, you should be well-aware of your rights and what you are entitled to just in case the mesh used in your treatment actually fails you.