Making the Case Against Defective Hernia Mesh

Hernia meshes are just one of several types of “tension-free” repair surgeries. Tension-free surgeries are considered the standard of care by the American College of Surgeons due to their shorter recovery times and fewer recurrences.
 
However, these repairs also have disadvantages, particularly where certain types of mesh have been used, and lawsuits are becoming common in cases where defective mesh has resulted in injuries.  At MEL, our experienced, highly trained registered nurses help attorneys build successful cases using our extensive knowledge of medical records. We know what information to look for, and we are familiar with the potential side effects and risk factors related to hernia mesh.
 
What is a hernia?
 
Hernias occur when an internal part of the body protrudes through a weakness in the muscle or surrounding tissue wall. Ranging from mild to severely painful, hernias are classified into several categories:
  • Inguinal – lower abdomen, just above leg crease, or near the groin
  • Femoral – outer groin
  • Umbilical – near the navel
  • Ventral– abdominal/ventral wall
  • Incisional – abdomen at the site of previous surgery
  • Hiatal – upper stomach
  • Epigastric – between naval and sternum
  • Spigelian – below naval
Hernia mesh: What can go wrong?
 
Hernia mesh was designed to act as a prosthesis, placed over the protruding organ in an open or laparoscopic procedure to provide additional support to weakened or damaged tissue.
 
Not all hernia meshes have been engineered to the same standards, though. The FDA requires that any medical device with a coating described as a “barrier” must be tested for pre-market approval. Mesh manufacturers get around this requirement by failing to describe their mesh as a product with a barrier. This results in untested mesh products being used in hernia surgeries, the consequences of which can be very serious.
 
The FDA has recalled many different brands of hernia mesh over the years due to defective properties. Though lawsuits will not necessarily be limited to recalled products, defective mesh products to look out for are:
  • Ethicon Physiomesh 
  • Atrium Medical C-Qur
  • Covidien Parietex
  • Covidien SurgiPro
  • Bard Ventralex
Making a strong case
 
Defective mesh designs cause pain, inadequate tissue growth, hernia recurrence, internal bleeding, and abnormal adhesions and scar tissue. These symptoms can be debilitating, sometimes even life-threatening.
 
Though hernia mesh has been used in surgeries for more than 50 years, the recent rise in recalled defective mesh products is difficult to ignore. With more than 1,000,000 hernia operations happening every year in the United States, the increase in patients suffering from the side effects of defective hernia mesh repair is leading to thousands of new private lawsuits and class action claims.
 
So, what makes a strong hernia mesh case? Typically, cases that involve patients with fewer risk factors are more likely to be successful. Older patients, patients who have a history of obesity, patients who have had previous abdominal surgeries, and patients who have been pregnant make weaker cases. All of these conditions and risk factors make it more difficult to connect the injury to the hernia mesh.
 
Cases with a higher success rate tend to involve low-risk patients who have injuries and side effects occurring because of defective mesh products. If the patient has suffered dense adhesions, fistula, migration or bowel entrapment/obstruction as a result of hernia mesh.
Other successful cases have involved patients experiencing organ perforation, infection, seroma (build-up of serous fluid), severe pain, revision surgery, and in some cases recurrence of the hernia.
 
How can MEL help?
 

Our records retrieval service includes tasks like researching facilities and reviewing intakes and records – and we offer rush services at no extra charge. In addition to providing you with a team of experienced registered nurses, MEL offers our clients a unique “Cost per Case”

program. This program ensures that attorneys who use our services know the cost of record retrieval and review before we get started.
 
All information will be fully reviewed by our staff of registered nurses to determine viability before filing. Our team of registered nurses will then document and prepare all evidence in a comprehensive, easy-to-understand format to give your case the best chance of success. MEL also offers a more extensive medical  service that includes a nurse review of usage, injury, and patient risk factors – a service that will help determine the likelihood of a successful outcome.
 
MEL’s Record Retrieval Team has a solid track record of successfully procuring product identification in thousands of transvaginal mesh cases, using expert trained nurse staff who ask concise, targeted questions specifically designed to uncover key medical details that might have otherwise been missed. This means we are uniquely qualified to provide the information your case needs to win. 

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