A hernia forms when an organ or other tissue pushes through a weak spot or opening in the surrounding muscle, often in the abdominal wall. Hernia mesh is a surgical device meant to repair herniation and reduce the odds of recurrence. The mesh reinforces the weak area of the body using a sheet of flexible material. Defective hernia mesh, however, can cause serious health complications in patients.
If defective hernia mesh has negatively affected you or a loved one, call our Kansas City, Missouri, attorneys today. Our lawyers are investigating cases involving hernia mesh and may be able to help you hold the at-fault party legally responsible for your damages. You could be eligible for financial compensation. Contact the Dickerson Oxton Law Firm today to request a free hernia mesh lawsuit consultation.
Why Choose Us?
The Dickerson Oxton Law Firm is passionate about giving a voice to those who otherwise would suffer in silence. It is our mission to advocate for injured patients in the face of defective and dangerous medical devices or prescription drugs. We take every case seriously and treat clients as we would our own family members. Let our family help yours during this difficult time.
- Our firm charges no fees unless we win.
- Our firm has over a 98% success rate.
- Our firm would have multiple attorneys working on your case.
- Our firm has years of experience handling defective medical device cases.
Our attorneys truly care about what happens to you. We want to explain your rights, investigate your case for signs of negligence or wrongdoing, and help you go up against hernia mesh manufacturers in pursuit of fair compensation. Our lawyers have the passion, experience, and resources to make your case as strong as possible. Do not take our word for it – review our client testimonials to see what others have to say about our legal representation.
What Is Hernia Mesh? How can it be Dangerous?
Surgical hernia mesh is a type of muscle or tendon reinforcement to prevent hernias. It is a popular alternative to receiving stitches in the weak or broken area after herniation. Studies suggest that hernia mesh decreases the odds of another hernia in the future. Hernia mesh consists of a sheet of flexible, woven material implanted in the body to reinforce a weak area or patch a hole. The advantage of mesh over stitches is that it spreads across the affected area, typically allowing patients to return to normal activity post-surgery.
Unfortunately, instead of helping solve medical problems, defective hernia mesh devices are causing complications in unsuspecting patients. Hernia mesh complications may cause severe pain, infections, organ perforation, and more. Hundreds of patients have filed lawsuits against hernia mesh manufacturers for their injuries. The two main companies involved in these lawsuits are Johnson & Johnson’s Ethicon (Physiomesh) and Atrium Medical Corporation (C-Qur). Both products have allegedly caused damages to patients through defects in design and/or manufacturing.
Physiomesh has been involved in lawsuits regarding high failure rates, from infection and pain at the site to organ damage and the need for revision surgeries. C-Qur mesh uses a fish oil coating, which has given some patients serious allergic reactions. Patients with defective hernia mesh may suffer severe, long-term health effects and personal injuries. Furthermore, hernia mesh implantation is permanent – making it difficult to remove if complications arise.
Why Are People Filing Hernia Mesh Lawsuits?
Patients are filing hernia mesh lawsuits with the allegations that the manufacturing companies – mainly Ethicon and Atrium – knew or reasonably should have known of the potential risks to consumers yet failed to issue a warning. It was not until after patients began filing complaints of complications that manufacturing companies issued warnings and voluntary product recalls. At this point, many patients had already suffered serious and permanent health effects.
Hernia mesh lawsuits have alleged that the manufacturers fast-tracked the approval process due to similar equipment already being on the market, and therefore failed to test hernia mesh kits on humans prior to release. Others have stated that the companies ignored infection and sterility complaints for too long. The Food and Drug Administration (FDA) filed a lawsuit against Atrium for lack of quality control at a manufacturing facility, resulting in the halting of production of C-Qur mesh products. In July 2016, Ethicon voluntarily recalled Physiomesh for a high risk of revision surgery.
Current lawsuits allege that the manufacturing companies distributed defective and dangerous products, knew or reasonably should have known of the hazards, failed to warn consumers of foreseeable risks, and were negligent in their manufacturing and marketing practices. Hernia mesh lawsuits have involved manufacturing companies, marketing companies, physicians, and others as defendants. If you believe you have grounds for a lawsuit, contact an attorney.
Hernia Mesh Injuries and Side Effects
Defective hernia mesh products can cause a range of serious personal injuries and lasting health complications. Patients have complained about perforated organs and intestines, punctured bowels, bowel obstructions, tears in their abdominal walls, peritonitis (inflammation of the inner abdominal wall), gastrointestinal fistula (abnormal opening in the digestive tract), infections, sepsis, abscesses, adhesions of the mesh to the bowel, and failure of the mesh to properly sit in place. These complications can cause severe pain, disability, organ failure, and wrongful death.
Hernia mesh products are incompatible with many patients’ bodies. They use polypropylene plastic, the same material in most transvaginal mesh products, which have thousands of ongoing personal injury lawsuits. Patients’ bodies may reject the material, resulting in inflammation, adhesion, and other adverse reactions. Many hernia mesh complications require additional surgeries to revise the implant or remove it entirely. Revision surgeries cost more money for patients and can take a toll on their physical health.
Compensation Available – What Are My Options?
If you successfully prove someone else’s liability for your hernia mesh complications or personal injuries, you could receive financial compensation for your damages. Your compensation could cover your past and future losses and expenses relating to defective hernia mesh. It could also include punitive damages, if the courts find the defendant grossly negligent or guilty of wanton disregard for the safety of others.
- Compensation for medical expenses may be available. You could recover any and all medical expenses relating to your adverse event, including the costs of revision surgery, rehabilitation, hospital stays, and medical care.
- Compensation for pain and suffering may be available. The Kansas City courts permit defective medical product victims to seek recovery for non-economic damages, including physical pain and suffering, emotional distress, mental anguish, and lost quality of life relating to the incident.
- Compensation for lost wages may be available. Most victims of defective hernia mesh must miss work during their surgeries and recoveries. Others may not be able to return to their same jobs due to a temporary or permanent disability. These damages are often recoverable.
The exact amount of compensation available to you depends on the severity of your injuries and losses. Your options for legal action could include negotiating an insurance settlement, taking the defendant to court, or joining a class action lawsuit against the company. The right steps for you will depend on your damages and goals for the lawsuit. We can review your case and give you our honest advice as to how to proceed. Discuss your case with one of our attorneys for more information about what your hernia mesh case could be worth.
Hernia Mesh Lawsuits and Settlement Information
Curious about how to file a hernia mesh lawsuit in Kansas City? Contact us to see what we recommend. You may have the power to file an individual product liability or wrongful death lawsuit in the Kansas City civil courts. Currently, thousands of personal injury lawsuits against Ethicon, Atrium, and other manufacturers for defective and dangerous hernia mesh devices and failed implants exist.
You may qualify to join an ongoing class action lawsuit against Ethicon, Atrium, or another hernia mesh manufacturer. A class action is a more efficient legal process that involves a group of plaintiffs with similar injuries and a shared defendant. Our lawyers can review your case and help you identify your legal options. We can successfully achieve settlements for most cases without having to go to court.
What to Do If You Are Suffering From Defective Hernia Mesh
If defective hernia mesh injured you or a loved one, get the medical care you need. Keep copies of your medical records and related bills. Once you are on the mend from your injuries, contact the Dickerson Oxton Law Firm. Involving our lawyers can help you protect your rights and take the appropriate steps toward obtaining compensation. If you are unable to come to our local Kansas City location, we can meet with you at your home or the hospital for a free consultation.
Retaining an attorney removes the legal burden from your shoulders. Your lawyer can handle the legwork of your product liability case while you focus on healing. An attorney can file your claim, negotiate a fairer settlement with insurance companies, and make sure no one takes advantage of you. Do not try to negotiate your case alone. Contact our firm for immediate assistance.
Contact Us Today
The Dickerson Oxton Law Firm has years of experience handling even the most complex defective medical device cases throughout the United States. We know how to investigate these cases, gather evidence, and demonstrate fault on our clients’ behalf. If you want strong, passionate, and aggressive advocacy during your hernia mesh claim, count on us for representation. We have the experience, knowledge, and resources to take your claim where it needs to go.
Defective hernia mesh is dangerous and can cause significant personal injuries and wrongful death. If you or a loved one has suffered injuries because of defective hernia mesh in Kansas City, contact us. We accept these cases in Missouri and Kansas. We may be able to help you obtain a settlement or judgment to pay for your damages. Call (816) 268-1960 today to request your free legal consultation.