Davol, Bard’s subsidiary, markets unique hernia mesh products, which have reported failures. Adverse reactions with hernia meshes may lead to severe and life-threatening side effects.
Popular products include, but are not limited to:
The problem with composite meshes is the use of different materials in the same mesh. The body reacts to foreign materials at different rates, leading to the deformation of the hernia mesh at different rates.
The mesh may no longer be secure, resulting in:
Perfix plug meshes are folded into a fluted design and used in the pelvic area. Due to its unique design and fluted shape, nerves may grow into the mesh. In men, it may entangle with the vas deferens.
Preservation of removed mesh is vital if you want to take legal action. Mesh is patient property, and you have the right to request the preservation of the mesh. You may also request the delivery of the mesh to you or your legal representative’s possession. However, your doctor may ask you to sign a release allowing the return of the mesh to the medical mesh manufacturer without letting you know.
What damages might you collect in a successful hernia mesh lawsuit or claim? Damages are the amount of money a jury decides a hernia mesh victim is entitled to after receiving a verdict in their favor, and they vary from case to case. Money damages can be calculated in various ways for the suffering you personally experienced.
As a hernia mesh victim, financial sums may be awarded to you for:
Damages are always determined on a case-by-case basis, since no two cases are exactly the same. When determining damages for your claim, your own personal stories and suffering are the most important in order to be assured you will get the money you deserve.
Rheingold Giuffra Ruffo & Plotkin LLP has been litigating hernia mesh cases for more than 10 years and in multiple federal and state litigations. We can work with you as an individual, not a case number, so we can carefully document and calculate your pain, suffering, damages, and any other compensation to which you should be entitled.
Hernia repair is one of the most common surgeries performed in the country each year, but defective mesh failures can result in painful infections, adhesions, organ damage, bowel erosion, and recurrence. It has been recorded that more than 80% of hernia repair surgeries use mesh products.
The mesh utilized in these surgeries is sought to be durable enough to prevent a recurrence, efficiently incorporate into the body, flexible, resist infection, and maintain or restore natural functions of the abdominal wall and respiratory movements. Not all meshes produced by companies have achieved these goals, though, and have even caused various defects.
Victims of any or all of the side effects of hernia mesh failure can seek justice through various legal channels. One option is they can take the company liable for the defective mesh to trial. At trial the plaintiffs will have to present a case showing the product itself was defective and the company is liable for the injury caused to the victim. They must show the company knew of the product’s potential defects and failed to adequately warn doctors and hospitals using these products about the risks associated with them.
Thankfully, victims and patients do not have to fight this battle alone; they can also seek justice through consolidation. Consolidation is the combining of two or more actions involving the same parties or issues. This allows for multidistrict litigation, which means multiple cases are brought under one judge. When successful, this process can be highly efficient because multiple cases are tried at once. However, they must involve the same parties or issues in order to be consolidated.
Not all hernia mesh cases have to go to trial, though. The law firm of Rheingold Giuffra Ruffo & Plotkin LLP takes a broad approach to claim resolution to best suit each client’s unique needs. This can be achieved through mediation, for example, during which a neutral third party can help both the plaintiff and the defendant reach a settlement amount.
It is up to the plaintiff to accept or deny the proposed amount. If the plaintiff decides to accept the amount, the case is closed, leaving out a great deal of time and trial expenses. If the plaintiff denies the proposed amount, then the case will move forward to trial. Keep in mind that settlement amounts will vary on a case-to-case basis, as every individual case is different.
Our team at Rheingold Giuffra Ruffo & Plotkin LLP has litigated hernia, pelvic organ prolapse, and stress urinary incontinence mesh lawsuits against multiple medical companies. If you or someone you know has suffered due to the implantation of this mesh device, our experienced New York defective medical device attorneys will work tirelessly to fight on your behalf.
If you have had a hernia mesh installed, call (212) 684-1880 to reach a member of our firm and find out if you have grounds for legal action.