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Hernia Mesh Lawsuit

Patients are currently filing lawsuits with allegations that hernia mesh manufacturers have created defective medical devices and have failed to warn patients and doctors of the potential health complications adequately. These lawsuits are being filed against manufacturers such as Ethicon, C.R. Bard, and Atrium Medical Corp.

The claims from patients are complaints that the hernia mesh used for their hernia surgeries have caused health issues such as chronic pain, infection, adhesions, hernia recurrence, bowel perforation, bowel obstruction, mesh migration, mesh rejection, and more. Some patients are required to undergo hernia revision surgery.

If you have experienced any of these symptoms due to hernia revision surgery, then contact KBA Attorneys for professional legal assistance.


Who is being sued?

C.R. Bard

This hernia mesh manufacturer created the 3DMax hernia mesh. The 3DMax was put on the market in 2009 and is made up of a material called polypropylene. The 3DMax did not have to go through pre-market studies and was approved in October 2008 through the 510(k) program.

Bard claims that the 3DMax Mesh is fixation-free, easy to position, and reduces pain for patients. However, the polypropylene material has been known to cause many health complications such as chronic pain, mesh migration, and mesh rejection. Some patients even require additional surgery.

C.R. Bard’s Composix Kugel Mesh was another defective medical device manufactured by the company that was recalled. This particular product was recalled in 2005, 2006, and 2007. There have been a plethora of lawsuits involving Kugel Mesh and millions of dollars have been paid in jury awards and settlements.

Other hernia mesh products that have been repeatedly recalled include:

  • Bard Composix E/X
  • Bard PerFix Plug
  • Bard Sepramesh
  • Bard Ventralex ST

Many Bard Lawsuits are being filed with allegations of the company selling defective hernia mesh. These lawsuits are in state and federal courts all over the country. If you have experience complications because of a C.R. Bard hernia mesh medical device, then contact a professional attorney today.

Ethicon/Johnson & Johnson

Ethicon is a Johnson & Johnson subsidiary, and in 2016, Ethicon recalled their Physiomesh flexible composite hernia mesh. This was due to studies that monitored the progress of patients with the Physiomesh. Results showed a higher rate of revision surgery or hernia recurrence in patients using the Physiomesh.

This defective medical device was also approved through the 510(k) program, allowing the sale of a composite hernia mesh without clinical trials or studies establishing its safety. Ethicon released a safety notice that lists and provides details on specific hernia mesh devices that were subject to recall. The hernia mesh manufacturer also says in the safety notice that, “ Ethicon will not return the ETHICON PHYSIOMESH™ Composite Mesh product to the market
Worldwide,”.

As a result of the complications experienced by patients who used the Physiomesh medical device for their hernia surgery, numerous lawsuits are being filed. Around 1,279 personal injury lawsuits are pending in the case labeled: MDL-2782 IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation. The judge of this lawsuit, Richard W. Story issued an order on May 2018 to allow patients to preserve their mesh products for evidence during the trial.

Atrium Medical Corp

The C-Qur mesh, manufactured initially by Atrium, but now sold by Maquet, is another defective mesh device that has been recalled. Similarly to Ethicon and Bard’ hernia mesh devices, Atrium’s C-Qur mesh was also approved by the controversial 510(k) program was sold to the public without first receiving proper safety tests.

The Omega-3 barrier of the C-Qur mesh is meant to prevent scarring; however, it has been linked to adhesions and other harmful health complications. In 2013, the FDA issued a recall for Atrium’s C-QUR Edge mesh. The FDA received complaints of the Omega-3 barrier sticking to the package lining which could cause exposure to high humidity levels and increase the infection rates.


What are some hernia mesh failure symptoms?

The FDA has listed common side effects of hernia surgery complications. The most common symptoms of hernia mesh products that have been recalled include:

  • Chronic pain
  • Infection
  • Hernia Recurrence
  • Adhesion (scar-like tissue that sticks tissues together)
  • Bowel obstruction (blockage of the large or small intestines)
  • Bowel perforation (a hole near organs or tissues)
  • Hernia mesh rejection
  • Hernia mesh migration
  • Hernia recurrence
  • Fistula formation (abnormal connection between intestines, vessels, or organs)
  • Seroma (fluid build-up near the surgical area)

According to the FDA, many of these health issues are related to hernia mesh products that have been recalled.


What are the allegations?

C.R. Bard, Ethicon, and Atrium Medical Corp are all under fire with personal injury lawsuits involving their defective hernia mesh products. These manufacturers have a responsibility to design medical devices that are safe for patients. When it is discovered that one of these companies sold defective hernia mesh devices, they must issue a recall. By this time, there are usually thousands of innocent people who have already used their defective product for their hernia surgery and have suffered severe health complications. This results in numerous lawsuits being filed. Those who were harmed have the option to demand compensation to pay for the medical bills and personal injury caused by the hernia mesh complications.

The hernia mesh lawsuits claim that manufacturers such as Bard, Ethicon, and Atrium have:

  • Failed to warn patients and doctors of the harmful side effects linked to their defective medical device. 
  • Sold a medical device that did not perform as was intended by the companies.
  • Sold a medical device that was the direct reason for revision surgery.
  • Designed a defective and unsafe medical device.

Are you eligible for a Hernia Mesh Lawsuit?

If you have had hernia surgery on or after January 1, 2008, and have experienced symptoms such as bowel obstruction, seroma, hernia recurrence, or any other side effect linked to defective or recalled hernia mesh products, you may be entitled to compensation for your pain and suffering.

Patients who discover that the hernia mesh used in his or her surgery was recalled should first speak with a medical professional for medical assistance. The next step should be to contact an experienced attorney so they may review your case and give you information about receiving monetary compensation.


What could you receive from a Hernia Mesh Lawsuit?

Settlements for hernia mesh lawsuits have provided defendants with large sums of compensation, millions of dollars in some cases. Patients who have had defective hernia mesh products used during their hernia surgery have suffered monetary damages from expensive medical bills and lost wages. These innocent patients have also experienced pain and suffering which could include temporary and permanent limitations, shortening of life, and emotional stress.

It is KBA Attorneys’ goal to help victims of this lawsuit get the necessary compensation to recover all the damages caused by these hernia mesh companies.


Contact a Hernia Mesh Lawyer

Do not let these hernia mesh manufacturers go unpunished. They are responsible for thousands of injuries, some of which are severe and life-threatening. Each hernia mesh case is different and should be treated separately, however past hernia mesh injury cases have awarded defendants thousands of dollars or more.

Contact a hernia mesh attorney if you or a loved one have experienced any of the below symptoms as a result of a defective hernia mesh product:

  • Bowel obstruction or perforation
  • Hernia recurrence
  • Fistula
  • Seroma
  • Inflammatory disease
  • Mesh erosion


The experienced lawyers at KBA Attorneys can help.

Get your hernia mesh case evaluated for free by a legal expert. Our team works to protect the people from deceptive companies like C.R. Bard, Ethicon, and Atrium Medical Corp. Contact KBA Attorneys to learn how you could get compensation for your hernia mesh lawsuit.