Medical Device Companies Face Increasing Hernia Mesh Litigation
Lawsuits alleging hernia mesh defects and failures caused patients additional medical expenses as well as needless pain and suffering have gained momentum with more than 50,000 hernia mesh lawsuits pending in the court system. A hernia is a medical condition where an internal organ becomes displaced. Hernia mesh was developed to help repair the area; however, since its fast-tracked approval by the Food and Drug Administration, patients have complained of complications and also began hernia mesh litigation against the companies who developed and manufactured the product.
These lawsuits allege that defects in the medical devices cause complications, including the following:
- Tearing and disintegration
Plaintiffs say that hernia mesh makers, including Atrium, Johnson & Johnson, & C.R. Bard, among others, took advantage of an FDA fast track to obtain approval for the devices without conducting human trials. Since FDA approval, adverse event reports from patients implanted with hernia mesh began to mount; however, allege the plaintiffs in the lawsuits, the medical device manufacturers failed to appropriately warn doctors and patients about the risks.
Hernia mesh litigation claims that the device is defective for a number of reasons. Hernia mesh is a foreign object and susceptible to rejection and infection. Additionally, the materials used to make hernia mesh can be toxic and spark an allergic reaction in humans. Hernia mesh is also often coated in fish oil. This coating can come off in the body and cause infections and other problems.
Medical device makers have settled a number of cases, Endo International paid $830 million to end hernia mesh litigation. C.R. Bard settled 6,000 pending hernia mesh lawsuits for $319 million and Johnson & Johnson settled 3,000 cases for $120 million.
The high volume of hernia mesh litigation has led to the introduction of a short form complaint for new plaintiffs who allege they suffered medical complications from hernia mesh.
Despite hernia mesh litigation, however, the devices are used in millions of surgeries each year.
Hernia mesh litigation continues to mount as well, with plaintiffs alleging that the medical device makers continue to expose patients to medical complications.
Additionally, allege hernia mesh lawsuits, doctors and patients are not warned about the risks of using hernia mesh.
According to a recent study, many hernia mesh products need improved labeling to better inform patients of the risks.
Many patients have already been subjected to hernia mesh implantation without full knowledge of the risks of the product and continue to be exposed to risks they do not know about.
Hernia mesh litigation also argues that safer alternatives to hernia mesh now exist, but medical device makers continue to aggressively market their product.
Symptoms of defective hernia mesh includes chronic pain, inflammation, infection, intestinal problems, skin problems, and flu-like symptoms. If you are experiencing any of the above health issues and have been implanted with hernia mesh, you should seek medical help immediately.
If you have experienced side effects after being implanted with hernia mesh, contact an attorney at McDonald Worley to consider if you need to begin hernia mesh litigation.