We have compiled this website to explain hernia mesh lawsuits, side effects and hernia mesh recalls. Numerous hernia mesh lawyers, across the United States are filing hernia mesh related lawsuits. These lawsuits have been filed on behalf of aggrieved victims suffering from injuries and complications caused by hernia mesh medical devices.  Hernia mesh symptoms could occur immediately after mesh is implanted. If mesh side effects occur immediately, this could mean that there was medical malpractice.  In some cases, there could be hernia mesh side effects years later. Attorneys for aggrieved individuals have filed individual lawsuits alleging that certain brands of hernia mesh are defective. None of these lawsuits require a hernia mesh recall. We are hernia mesh lawyers dedicated to victims injured due to defective mesh.

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Mesh Recall Attorneys

No requirement of hernia mesh recall to file lawsuit

It is not necessary for a hernia mesh recall in order to file a hernia mesh lawsuit. Many victims incorrectly believe that a hernia mesh recall is required to be compensated for defective surgical mesh. We started this hernia mesh liability information center to address a real lack of reliable information on the internet about hernia mesh particularly Ethicon Physiomesh™. Victim’s across the United States and Canada are seeking good, current and real information concerning hernia mesh claims, hernia mesh recall and mesh lawsuits. Victims are seeking information about hernia mesh settlement 2022 and the possibility of surgical mesh settlements 2022. Victims are wondering, will there be a hernia mesh recall?  Has my surgical mesh been subject to a hernia mesh recall?  What are the signs of a hernia mesh infection?

 August 2023 update:

Update- August 6, 2023- The next MDL trial in Federal Court is scheduled for October 2023. This is the pre-selected Bard Perfix Plug lawsuit of Robert Stinson. The 4th bellwether trial in Ohio Federal Court will commence in January 2024. The fourth trial will be Jacob Bryan’s lawsuit against Bard / Davol concerning the Bard 3dMax.

5/22/2022 : Over 5,000 Bard hernia mesh lawsuits have settled in Rhode Island Superior Court and cases are settling in batches.

  • There have been 2 Bard jury trials in the MDL in the Southern District of Ohio. The first trial was a verdict in favor of the mesh manufacturer. The second jury trial was a win for the victims.
  • There has been a global settlement of the Atrium MDL and the Physiomesh MDL.

Our Hernia Mesh Attorneys are Seeking Justice and Compensation

Defective medical device attorneys are seeking justice and compensation on behalf of innocent victims who have suffered serious pain and suffering. We are helping victim’s hold Johnson and Johnson’ corporate subsidiary Ethicon and other corporate entities liable for the device the manufactured. Hernia mesh law firms are trying to get the word out to the public that a hernia mesh recall helps to win a  mesh lawsuit but that a hernia mesh recall is not required to get justice and compensation as a result of defective surgical mesh. Plaintiff’s attorneys have alleged that such medical devices have caused pain and suffering to victims in the United States and Canada. Many victims are not aware that a hernia mesh recall is not required to file a hernia mesh lawsuit.

Hernia Mesh made of non-absorbable polypropylene such as Physiomesh™

This hernia mesh liability information portal primarily focuses on hernia mesh medical devices made of non-absorbable polypropylene. Another focus of this information portal is Ethicon Physiomesh™ manufactured by Johnson and Johnson’s subsidiary, Ethicon. Unfortunately, there is no way to determine what an average hernia mesh settlement should be. Victims should constantly research any new mesh settlement update. Many victims are seeking to file a hernia mesh class action lawsuit. However, we cannot emphasize enough that the mesh lawsuits are NOT hernia mesh class action lawsuits. We also need to emphasize that a hernia mesh recall is not required to file a hernia mesh lawsuit. In fact there have not been a lot of hernia mesh recalls. There is no doubt that a hernia mesh recall would support a hernia mesh attorney’s legal argument that a particular type of abdominal mesh is defective. Some victims are dismayed that there is no mesh settlement center.

Hernia Mesh Cases we are reviewing:

We are currently reviewing potential cases of the following types of hernia mesh, made of non-absorbable polypropylene that may have caused injuries and pain and suffering:

Ethicon:

Covidien: (Formerly Tyco and now a subsidiary of Medtronic):

  •  Parietex
  • Surgipro
  • Surgipro Plug & Patch
  • Symbotex
  • Composite
  • Parietex Composite Ventral Patch,
  • Parietex ProGrip Self-Fixating Mesh
  • Parietex Optimized Composite Mesh
  • Parietex Plug and Patch System
  • Parietex Composite Open Skirt (PCO OS) Mesh
  • Parietex Optimized Open Skirt Mesh
  • Parietex Composite Parastomal (PCO PM) Mesh
  • Parietex Composite Hiatal Mesh (PCO 2H)
  • Parietex Hydrophilic Anatomical Mesh
  • Parietex Folding Mesh
  • Parietex Flat Sheet Mesh
  • Parietex Lightweight Monofilament Mesh
  • Parietene
  • Parietene composite
  • Parietene Macroporus
  • Parietene Progrip
  • Parietex Easegrip

Atrium:

Bard/ Davol:

W.L. Gore

How many hernia mesh surgeries

“In the United States, more than 350,000 abdominal hernia repair surgeries are performed each year, according to background information in the study. Of these, 75 percent are known as primary ventral hernias (weakening of the abdominal walls, usually at the navel).” WEB MD

How many Physiomesh hernia mesh implants?

 According to Drug Watch, “Ethicon sold about 330,000  Physiomesh™  hernia mesh implants worldwide. It sold about 50 percent of those products in the U.S., according to plaintiffs. Ethicon voluntarily pulled the mesh from the market in May 2016 after it found higher rates of reoperation and hernia recurrence.” More Here

What is going on now with hernia Mesh Cases?

Let’s start by dispelling a myth that is floating around: These hernia mesh cases are not a class action. Again, we repeat, these cases are not class actions. If you want to file a hernia mesh lawsuit, it will not be part of a hernia mesh class action. There are no hernia mesh lawsuits in the United States that are part of class actions. These hernia mesh lawsuits against Johnson and Johnson and their subsidiary Ethicon are currently before the Judicial Panel on multidistrict litigation (MDL). These cases are now Multidistrict litigation Case MDL No.2782 , “In re Ethicon Physiomesh Flexible composite Hernia Mesh Products Liability Litigation.” Another popular myth among victims is that a particular surgical mesh must be subject to a hernia mesh recall in order to file a hernia mesh lawsuit.

What is the status of  Physiomesh™  hernia mesh lawsuits?

The attorneys for the injured parties argue that Physiomesh™ devices “were defectively designed” and “failed to provide appropriate warnings” resulting in  the Defendant’s “voluntarily withdrew the Physiomesh™ device from the market.” BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR TRANSFER TO THE MIDDLE DISTRICT OF FLORIDA, OR IN THE ALTERNATIVE TO THE SOUTHERN DISTRICT OF ILLINOIS, PURSUANT TO 28 U.S.C. § 1407  – Details here

(Editor’s notes | update 6/2/17:  The Panel on Multi District Litigation ordered that “IT IS THEREFORE ORDERED that the actions listed on Schedule A and pending outside the Northern District of Georgia are transferred to the Northern District of Georgia and, with the consent of that court, assigned to the Honorable Richard W. Story for coordinated or consolidated pretrial proceedings.  Transfer order) Many people believe that Physiomesh was part of a hernia mesh recall. Physiomesh was voluntarily removed from the market, there was no hernia mesh recall for Physiomesh.

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What types of complications & side effects are caused by hernia mesh:

Hernia mesh side effects and complications and hernia mesh infection symptoms that could be grounds for a hernia mesh lawsuit may include:

Some complications and hernia mesh infection symptoms may be so severe that they may even lead to death.

What does the FDA describe as “adverse events” caused by hernia mesh

“Based on FDA’s analysis of medical device adverse event reports and of peer-reviewed, scientific literature, the most common adverse events for all surgical repair of hernias—with or without mesh—are pain, infection, hernia recurrence, scar-like tissue that sticks tissues together (adhesion), blockage of the large or small intestine (obstruction), bleeding, abnormal connection between organs, vessels, or intestines (fistula), fluid build-up at the surgical site (seroma), and a hole in neighboring tissues or organs (perforation).

The most common adverse events following hernia repair with mesh are pain, infection, hernia recurrence, adhesion, and bowel obstruction. Some other potential adverse events that can occur following hernia repair with mesh are mesh migration and mesh shrinkage (contraction). Many victims wonder: how to know if my hernia mesh is ripped?

Many complications related to hernia repair with surgical mesh that have been reported to the FDA have been associated with recalled mesh products that are no longer on the market. Pain, infection, recurrence, adhesion, obstruction, and perforation are the most common complications associated with recalled mesh. In the FDA’s analysis of medical adverse event reports to the FDA, recalled mesh products were the main cause of bowel perforation and obstruction complications” Source FDA

What is a hernia surgery?

Many doctors utilize hernia mesh when they are performing a hernia surgery. A hernia surgery is a serious matter and you should research the best hernia surgeons.

“Surgery has generally been recommended for all inguinal hernias to avoid complications such as strangulation, in which a loop of intestine becomes tightly trapped in a hernia, cutting off the blood supply to that part of the intestine. If a hernia in an adult can be pushed back (reduced), surgery can be done at the person’s convenience. If it cannot be pushed back, surgery must be done sooner. But surgery may not be needed if the hernia is small and you do not have symptoms. Consult with your doctor to decide if you need hernia repair surgery.” See Web MD 

Many mesh victims are unaware that there a hernia mesh recall ia no.t required to file a hernia mesh lawsuit. There is currently no hernia mesh recall for Ventralex mesh manufactured by Bard Davol. There is currently no hernia mesh recall for Ethicon mesh such as Physiomesh or Prolene mesh. Rather than a hernia mesh recall, Ethicon voluntarily removed Physiomesh from the market. Ehicon was too concerned about the liability implications of a hernia repair mesh recall. A hernia repair mesh recall would have been music to the ears of personal injury attorneys and hernia mesh law firms.

What is an inguinal hernia?

“An inguinal hernia occurs in the abdomen near the groin area. They develop when fatty or intestinal tissues push through a weakness in the abdominal wall near the right or left inguinal canal. Each inguinal canal resides at the base of the abdomen. Both men and woman have inguinal canals. In men, the testes usually descend through their canal by around a few weeks before birth. In women, each canal is the location of passage for the round ligament of the uterus. If you have a hernia in or near this passageway, it results in a protruding bulge. It may be painful during movement.” Healthline 

Hernia mesh lawsuit settlements

Hernia mesh lawsuit settlements amounts are often not reported and sometimes mesh settlements are confidential. Many victims are surprised to learn that most hernia mesh has not been subject to a hernia mesh recall. A victim who has endured hernia mesh infection symptoms for years may be despondent and suffer through depression. he or she may spend hours or days  looking for a mesh settlement update. If you did not file a hernia mesh lawsuit 2017, be careful that you do not miss a hernia mesh lawsuit deadline otherwise known as a mesh statute of limitations. You will not be part of a hernia mesh class action lawsuit because there are currently no surgical mesh class actions in the United States. Most importantly you need to learn what you need to know before you file hernia mesh lawsuit. IT IS NEARLY IMPOSSIBLE TO DETERMINE HERNIA MESH SETTLEMENT AMOUNTS 2018 since no mesh settlements were reported to the public. Also every victim has different hernia mesh infection symptoms so it is impossible to determine what mesh settlement 2018 will be received based on a mesh settlement 2017.

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Did Johnson and Johnson recall “ETHICON PHYSIOMESH™?

No. technically, Johnson and Johnson’s actions in the United States did not constitute a  hernia mesh recall. However, on May 27th, 2016  a subsidiary of Johnson and Johnson, Ethicon, issued an urgent medical device removal of its “ETHICON PHYSIOMESH™ Flexible Composite Mesh (All Product Codes)

In the letter, Johnson and Johnson stated, “We have initiated a worldwide medical device removal of ETHICON PHYSIOMESH™ Flexible Composite Mesh (for laparoscopic use) (“ETHICON PHYSIOMESH™ Composite Mesh”). We are removing the product following an analysis conducted at the request of the Ethicon Medical Safety Team of unpublished data from two (2) large independent hernia registries (Herniamed German Registry and Danish Hernia DatabaseDHDB). The recurrence/reoperation rates (respectively) after laparoscopic ventral hernia repair using ETHICON PHYSIOMESH™ Composite Mesh were higher than the average rates of the comparator set of meshes among patients in these registries. ” Medical Device Removal of Ethicon Physiomesh Flexible Composite Mesh Page 1 of 7

The removal letter went on to state in pertinent part, “Based on the currently available data, we believe the higher rates to be a multifactorial issue (including possible product characteristics, operative and patient factors), but we have not been able to fully characterize these factors. Consequently, we have not been able at this time to issue further instructions to surgeons that might lead to a reduction in the recurrence rate and have decided to remove ETHICON PHYSIOMESH™ Composite Mesh from the global market. Medical Device Removal of Ethicon Physiomesh Flexible Composite Mesh Page 1 of 7

Ethicon’s arguments in support of their transfer motion:

  • “All of the plaintiffs in the constituent cases claim that the devices implanted in their bodies were defectively designed and/or manufactured, and that the defendants failed to provide appropriate warnings and instructions regarding the dangers posed by these devices” BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR TRANSFER TO THE MIDDLE DISTRICT OF FLORIDA, OR IN THE ALTERNATIVE TO THE SOUTHERN DISTRICT OF ILLINOIS, PURSUANT TO 28 U.S.C. § 1407 
  • The Brief goes on to state, “The defendants ultimately voluntarily withdrew the   Physiomesh device from the market in May 2016, which Plaintiffs intend to establish was a direct consequence of the frequency and severity of the complications experienced with this product worldwide.” Id.
  • “The plaintiffs herein suffered serious and often permanent physical injuries from the implantation of the Physiomesh, often requiring additional surgeries, additional medical expenses, and unresolved medical complications. Where applicable, these implant plaintiffs’ spouses have alleged claims for loss of consortium.” Id.

28 U.S. Code § 1407 – Multidistrict litigation

*** “When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions.” 28 U.S. Code § 1407 – Multidistrict litigation

Determining whether a surgical product is defective or not is a very complicated and time consuming process. Defective hernia mesh, and the various issues that contribute to the products inadequacy can be based on numerous factors. These factors include: side effects or consequences of the use of the hernia mesh, as well as possible flaws in the product itself. These flaws could be incurred during manufacture, packaging and the distribution of the surgical mesh. Furthermore, the surgical hernia mesh could be negligently implanted as a result of medical malpractice / surgical malpractice.

In the event  that the fda recalls a particular type of hernia mesh medical device then a lucrative settlement is much more likely. A hernia mesh victim needs to retain one of the best surgical mesh law firms to scare the mesh defense lawyers into a top dollar mesh settlement 2020. If you are considering a hernia mesh lawsuit, contact a top hernia mesh law firm. Hernia mesh lawsuits are now being filed across the United States in both Federal and State Courts

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Hernia Mesh Recall

The process of a hernia mesh recall can take the route of a ‘voluntary’ market withdrawal or an enforced or mandated action, normally brought about by the US Food and Drug Administration (FDA). See Definitions below

The following table, which was generated from a search on the FDA website highlights hernia mesh recalls. The table also highlights the current status and recalling firm, the recall classification, product description and the reason for the recall.

Interestingly enough, all of the recalls above were voluntary recalls, and all initiated by the firm. This does not necessarily have a bearing on whether or not an injured hernia mesh victim has a legal claim against the manufacturing firm. The individual’s circumstances and situation require closer analysis and investigation in order to determine whether or not he or she can in fact pursue legal recourse for their losses, damages and associated injuries sustained due to these defective hernia mesh products.

For informational purposes the following definitions have been provided by the FDA and are posted here for clarity in understanding the sometimes overly complex terms used for hernia mesh recalls and market withdrawals (Source: FDA – Recalls, Corrections and Removals (Devices)).

  • “Correction means repair, modification, adjustment, relabeling, destruction, or inspection (including patient monitoring) of a product without its physical removal to some other location.
  • Market withdrawal means a firm’s removal or correction of a distributed product which involves a minor violation that would not be subject to legal action by the FDA or which involves no violation, e.g., normal stock rotation practices, routine equipment adjustments and repairs, etc.
  • Recall means a firm’s removal or correction of a marketed product that the FDA considers to be in violation of the laws it administers and against which the agency would initiate legal action, e.g., seizure. Recall does not include a market withdrawal or a stock recovery.
  • Recall strategy means a planned course of action to be taken in conducting a specific recall, which addresses the depth of recall, need for public warnings, and extent of effectiveness checks for the recall.
  • Recalling firm means the firm that initiates a recall or, in the case of a Food and Drug Administration-requested recall, the firm that has primary responsibility for the manufacture and marketing of the product to be recalled.
  • Removal means the physical removal of a device from its point of use to some other location for repair, modification, adjustment, relabeling, destruction, or inspection.
  • Risk to health means (1) A reasonable probability that use of, or exposure to, the product will cause serious adverse health consequences or death; or (2) That use of, or exposure to, the product may cause temporary or medically reversible adverse health consequences, or an outcome where the probability of serious adverse health consequences is remote.
  • Routine servicing means any regularly scheduled maintenance of a device, including the replacement of parts at the end of their normal life expectancy, e.g., calibration, replacement of batteries, and responses to normal wear and tear. Repairs of an unexpected nature, replacement of parts earlier than their normal life expectancy, or identical repairs or replacements of multiple units of a device are not routine servicing.
  • Stock recovery means the correction or removal of a device that has not been marketed or that has not left the direct control of the manufacturer, i.e., the device is located on the premises owned, or under the control of, the manufacturer, and no portion of the lot, model, code, or other relevant unit involved in the corrective or removal action has been released for sale or use.” Source In some instances, the hernia mesh manufacturer will discontinue the sale and marketing of the mesh. In some cases, the manufacturer will voluntarily remove the defective medical device from the market.”  Id.

 

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