Every year, a sizable number of people in the United States experience hernia problems. Hernia mesh operations are a common treatment option for those who experience this condition. One of the most common surgical procedures for people coping with a hernia is the implantation of a mesh screen.
According to the Food and Drug Administration (FDA), 90% of groin hernia repairs performed since the year 2000 have included mesh. Many of these people go on to have normal lives after undergoing surgery. Yet, hundreds of hernia mesh lawsuits have been filed across the country because of the rise in risks related to this type of surgery.
When problems of this nature emerge, it is essential to figure out what course of action to take and who is at fault. Continue reading to discover who you can hold responsible for your hernia mesh problems and medical complications.
In This Article
Common Complications from Hernia Mesh
Hernias can be treated with a mesh implanted by a surgeon. Hernia mesh is used to reinforce the region around the hernia location after surgery. The primary objective is to stop the hernia from coming again. Complications might develop due to the use of surgical mesh devices. As a result, individuals with hernias who are fitted with mesh devices may face the following side effects:
- Infection or discomfort at the surgical site
- Glued-together tissues (adhesion)
- Recurrent hernia
- A hole, or perforation, in the surrounding organs or tissues.
- Accumulation of Fluids
- Intestinal or urinary tract obstruction caused by mesh
- Contraction or displacement of the mesh, and
- Hernia recurrence due to failing mesh.
You should notify your doctor if you have any of these symptoms. You could also require more surgery to stop the issue. Communicating with your doctor about problems you’re having following a mesh-based hernia surgery is essential. You may also contact the FDA with your concerns.
If you’re considering launching a lawsuit against a manufacturer of faulty hernia mesh to recover financial damages (including “pain and suffering”), there are two things you must do to protect your legal rights:
- Obtaining a full evaluation of the health issues stemming from the defective mesh implant, and
- Keeping records of the failed mesh implant
To apply for free, call (877) 735-0016
Who Is Liable When a Hernia Mesh Fails?
Hernia surgery, particularly when a mesh is used, can lead to problems. This leads many to conclude that the medical professional should shoulder the blame. Although not always the case. The correct response to this question is condition-specific, as every hernia treatment plan is unique. But, in general, when a patient experiences unanticipated difficulties following hernia mesh surgery, the issue might be with:
- The mesh, which might result in a product liability claim being filed against the mesh’s maker, and/or
- Medical malpractice claims against the surgeon or other substandard care providers may result from how the mesh was installed.
The truth is that your surgical difficulties may have been caused by several different people or factors. Each member of the surgical staff is included, as is the mesh’s manufacturer. So, in a hernia mesh lawsuit, pinpointing who was at fault is of the utmost importance. This is because the party at fault will often determine the sort of lawsuit you may file and when you can file it.
The Hernia Mesh Manufacturer
A common argument in hernia mesh cases is that the companies producing the mesh knew it posed health risks. Despite knowing about the potential problems, they kept pushing their product regardless. Hence, medical professionals encouraged hernia sufferers to use their potentially dangerous products.
If something goes wrong, you can file a lawsuit against the makers for withholding such vital information. The manufacturer would be sued for “product responsibility” in this case. Hence, you must demonstrate that the manufacturer:
- They were aware of the risks associated with their product.
- Despite knowing this, they kept making and promoting their medical device to patients.
- Your condition is a direct result of the hernia mesh.
If your attorney can substantiate these factors, you may be eligible for damages. Furthermore, a lawyer will require more than just legal expertise. They need to be capable of describing the discomfort you experienced due to the hernia mesh in medical terms.
You may also file a lawsuit against the doctors and nurses who performed your procedure. Hernia mesh problems may result in medical staff liability in two scenarios. You might be able to bring a medical malpractice lawsuit in either situation. Doctors are obligated to inform patients about their procedures before they proceed with any kind of surgery. So, before utilizing mesh in a hernia operation, your doctor should discuss the potential risks with you.
In addition, your doctor must inform you of any potential risks. In particular, you need to know this before completing the permission form for surgery. If the doctor fails to warn you about potential risks, they may be held responsible for any harm you experience as a result. You can only sue the manufacturer if the doctor knew or should have known about the potential side effects.
Additionally, there is a high rate of surgical error due to human error. A surgeon may misplace the hernia mesh, for instance. If that happens, they could have to pay for any problems that arise because of it. This calls for a claim of medical negligence. In this case, your attorney will also require extensive medical and legal training. Both are essential if you want to win a case alleging surgical malpractice on the part of medical professionals. Also, your attorney can bring in doctors to testify on your behalf.
Lawsuit Funding Can Help You
Do you have experience with complications with hernia mesh? If you have, you may be entitled to financial recompense for your suffering. It can be difficult to bring legal action against the medical establishment or Big Pharma. Both parties can afford to get good lawyers. Therefore, it’ll be best to get lawsuit funding to help ease your financial stress as you wait for settlement.
Do You Need Legal Funding for Hernia Mesh Lawsuit? Call High Rise Financial Today!
At High Rise Financial, we offer affordable settlement loans to plaintiffs with hernia mesh lawsuit. Contact us today at (866)-407-6404 to schedule an initial consultation. Our trusted lawsuit funding experts will be happy to speak with you and discuss your available options.
Call or text (877) 735-0016 or fill out our form to apply today for free.