According to the U.S. Food and Drug Administration (FDA), more than one million people receive surgical treatment for hernias in the U.S. every year. A significant majority of these hernia repairs use surgical mesh designed to strengthen damaged tissue.
Surgical hernia mesh can help doctors reduce hernia recovery time and the risk of recurrence. However, surgical mesh implants have significant risks and may not be suitable for everyone.
Some patients experience severe and even life-threatening complications due to defective hernia mesh, such as infections, internal organ trauma, and hernia recurrence. If you were injured or your condition worsened due to a defective mesh implant, you might be owed compensation from the device manufacturer. The Oklahoma City hernia mesh lawsuit attorneys of Ryan Bisher Ryan & Simons can help you understand your rights and evaluate your eligibility in a free consultation. Call or contact us today to learn more.
What Is Hernia Mesh?
A hernia is a serious medical condition that occurs when a person’s internal organs bulge through weak points in the surrounding soft tissues that hold their organs in place. Hernias most commonly occur in the abdomen, upper thigh, or groin.
In some cases, a hernia presents no immediate symptoms or appears only as a lump or protrusion at the injury site. However, many hernia patients experience chronic pain and other complications. Oftentimes, these complications require corrective surgery.
Surgeons used to rely on internal stitches to repair hernias but stitching together already weak tissues led to a high rate of hernia recurrence. In the 1980s, doctors began to use special types of surgical mesh to reinforce hernia repairs.
Hernia meshes are woven sheets of sterile materials manufactured using inorganic materials, like plastics, or biological materials, such as animal tissues. When designed and implanted correctly, the mesh can stabilize hernia repairs and encourage new tissue growth.
Unfortunately, not all hernia mesh implants are created equal. Certain hernia mesh products are banned from the market because they were designed poorly, manufactured using substandard materials, or sold for public use without proper warning labels. If you were injured by one of these products, you may be owed compensation.
When hernia mesh devices fail, patients often experience painful complications and sometimes require revision surgery to repair the error. People injured by defective hernia mesh implants frequently have grounds to file a hernia mesh lawsuit against negligent manufacturers, distributors, or medical professionals.
Common Types of Hernia Mesh Injuries
Typical types of hernia mesh injuries include:
- Adhesion: These injuries occur when a hernia mesh implant sticks to the surface of internal organs and tissues. This can happen because of scarring at the implant site and can lead to infection or worsened internal scarring.
- Bowel obstruction: If the hernia mesh adheres to the intestines or relocates to a different area of the body, it can obstruct food or liquid from passing through the bowels. This can cause potentially deadly internal blockages.
- Cancer: Mesh that is not designed or implanted correctly can cause internal infections and inflammation. Tissue irritation can lead to cell mutations that result in cancer.
- Erosion: The immune system might treat defective hernia mesh as a foreign object and attack it. Erosion, or gradual destruction of the mesh, can cause the hernia to recur.
- Hernia recurrence: Mesh that fails altogether can leave patients without the support they need to keep their internal repairs intact, causing the hernia to recur.
- Infections: If a hernia mesh product is contaminated with bacteria, the implant can infect the surrounding area and prevent the body from fully healing from the surgery.
- Migration: Poorly designed or improperly implanted mesh can migrate from the initial implantation site to a different body area. This can lead to severe pain, bowel obstruction, or infections.
- Pain: Defective hernia mesh implants commonly leave patients with chronic pain in the abdomen or at the implantation site. When this type of pain continues for months or years, patients can suffer permanent nerve damage.
- Perforation: Without proper repairs, defective hernia mesh can puncture or wear away the walls of nearby organs. This can allow foreign substances and bacteria into the abdominal cavity.
- Seromas: Pockets of clear fluid buildup that most commonly occur after surgery are called seromas. They are typically not life-threatening, but patients who develop seromas often experience severe discomfort and delayed recovery.
Who Can File a Hernia Mesh Lawsuit?
If you experienced painful complications after receiving hernia mesh implants, you might wonder whether you’re eligible to file a hernia mesh lawsuit. A successful claim can provide valuable compensation for the losses you suffered due to the mesh.
The best way to determine whether you have a valid legal claim is by discussing your case with an experienced hernia mesh lawsuit attorney. Ultimately, you will need to identify the manufacturer and brand of mesh used in your surgery and determine whether the product was recalled. An experienced personal injury lawyer can help you collect this information.
Proving Your Case
To win a hernia mesh lawsuit or settlement, you must show that someone else was directly responsible for your injuries and losses. In hernia mesh claims, that typically means going after the company(s) that designed, manufactured, or distributed the defective product.
Depending on the facts of your hernia mesh case, the claim could center on:
- Defective design: When the original design of a hernia mesh implant is fundamentally flawed, it can be dangerous even if it’s manufactured with high-quality materials and standards. The company that designed the product can be held liable for these inherent defects. In addition, negligent manufacturers may be held accountable if they were unaware of the defect or knew about it and decided to cover it up.
- Defective manufacturing: The makers of hernia mesh products can be held liable if the mesh was manufactured in an unsanitary environment, made with improper materials, or produced without following the original product design.
- Failure to warn: There are risks associated with any surgical implant. With fair warning, a doctor can decide whether to use the product and communicate those risks to patients. But if hernia mesh manufacturers fail to disclose potential complications, they can be held responsible for their negligence.
- Medical malpractice: If a hernia mesh implant is not sized correctly, counter-indicated, or inserted improperly by surgeons, patients have grounds for medical malpractice claims against a negligent healthcare provider.
Hernia Mesh Lawsuit Statute of Limitations
The timing of your hernia mesh surgery and subsequent injury can also affect your ability to take legal action. In Oklahoma, usually you have only two years from the date of the injury to file a defective product or medical malpractice claim. Beginning your claim before that date is crucial or you could lose your rights to compensation.
However, if you were injured due to a hernia mesh implant but did not discover the injury right away, the amount of time you have to file your lawsuit may be extended. It’s best to discuss your situation with an experienced hernia mesh lawsuit attorney to learn more about your eligibility and the timeline for filing a lawsuit.
What Compensation Can I Get If I Sue for Hernia Mesh Injuries?
If you file a hernia mesh lawsuit in civil court, you can seek financial compensation for the losses you suffered due to your hernia mesh injuries.
You could receive money from a mesh lawsuit settlement for:
- Medical bills: Settlements can include past and future medical expenses for any treatment related to injuries caused by the hernia mesh. This can include the costs of revision surgeries, diagnostic tests, hospital stays, and prescription medications.
- Out-of-pocket expenses: Any expenses you are forced to pay as a result of your hernia mesh injuries could be covered, such as the costs of home medical equipment or transportation to medical appointments.
- Lost wages: A settlement or judgment could include money for the income you lost while recovering from hernia mesh implant injuries, revision surgeries, or other complications.
- Lost earning potential: If complications from your hernia mesh implant will prevent you from working or working at the same capacity as you did before, an award can include money for your lost future earnings.
- Pain and suffering: Insurers and negligent parties could be forced to pay for the physical pain, mental anguish, and emotional suffering you endured due to your hernia mesh injuries.
Our Hernia Mesh Lawsuit Lawyers Are Here to Help
If you suffered serious injuries due to a defective hernia mesh implant, you deserve a top injury lawyer on your side. With more than 30 years of experience focused exclusively on Oklahoma personal injury law, the hernia mesh lawsuit attorneys of Ryan Bisher Ryan & Simons are here to fight for you.
Our tough trial attorneys aren’t afraid to stand up to powerful medical device companies and corporate lawyers who will seek to undermine your claim. It’s our job to demand justice and fair compensation for those who’ve been harmed by medical products they trusted to make their lives better.
Contact us today for a free hernia mesh lawsuit consultation.
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