Long Island Defective Hernia Mesh Lawyer

A hernia is the protrusion of bodily tissue, such as part of an intestine, another organ, or fat tissue, through a weak spot in the muscle or other tissue that ordinarily holds it in place, usually as a result of some type of straining or pressure, such as coughing, sneezing, constipation or lifting a heavy object.

A common surgical repair technique is to use a hernia mesh to provide reinforcement to the area. When this hernia mesh is defective, it can cause serious complications.

If you or a loved one have suffered because of a defective hernia mesh used in your hernia repair, the Long Island personal injury lawyers at Rosenberg & Gluck, L.L.P., are ready to fight for you.

Our attorneys have successfully represented many clients who have been injured by defective hernia mesh products, and we can put our experience to work for you.

Call today for a free consultation with a Long Island, New York defective hernia mesh lawyer.

 

 

Common Types of Hernias

There are several different types of hernias, and each type is based on where they are located in the body. Inguinal hernia – This type of hernia occurs when tissue protrudes through a weakness in the groin area. This is the most common type of hernia repaired with hernia mesh surgery, and is more common in men than women. Incisional hernia – This type of hernia occurs when tissue protrudes through a weakness at the site of a previous surgery. Femoral hernia – This type of hernia occurs when tissue protrudes through a weakness in the upper thigh, just below the groin. This type of hernia is more common in women than men. Umbilical hernia – This type of hernia occurs when tissue protrudes through a weakness around the navel (belly button). This type of hernia is more common in infants and children. Hiatal hernia – This type of hernia happens when part of the stomach sticks through the diaphragm, which is the muscle that separates the chest and abdomen.  

A Common Condition and Commonly Performed Surgery

Hernias are quite common and can be repaired surgically. More than one million hernia repair procedures are performed annually in the United States. Approximately 80% of these are inguinal hernias, which are located in the groin area. An innovation in hernia repair, which became widely used in the 1980s, is the use of hernia surgical mesh implants, inserted into the body where it is meant to provide reinforcement at the site of the hernia.

Types of Hernia Mesh Implants

The hernia mesh can be derived from animal tissue, or it may be made of synthetic material. Animal tissue hernia mesh implants are absorbed by the body, but some types of synthetic hernia mesh devices remain in the body indefinitely. This type of hernia mesh implant is considered a permanent medical implant. Synthetic surgical hernia mesh has been marketed for hernia repairs for several decades, but it is a potentially dangerous product, which has caused untold amounts of suffering and hernia mesh injuries.

Symptoms of Surgical Mesh Gone Bad

A patient who has had surgery to repair an inguinal, ventral, umbilical or other types of hernia in which the surgeon used a hernia mesh product may end up with serious health issues. Hernia mesh complications can take years to develop after the hernia repair surgery and can range from minor pain to hernia recurrence or even worse. Some complications may not even appear for several years after the hernia mesh implant procedure, causing some nasty and potentially life-threatening symptoms, including:

• Pain
• Infection
• Fever
• Nausea and vomiting
• Organ perforation
• Internal bleeding
• Hernia recurrence at the repair site
• A lump or hematoma forming around the site of the surgery
• Adhesions and scar tissue
• Fistulas
• Damage to tissues surrounding the mesh implant
• Burning sensation at the repair site
• Intestinal kinks or bowel obstruction
• Severe constipation
• Total blockage of the intestine
• Erosion through the intestinal wall, causing bowel contents to leak out
• Liver damage
• Neurological problems
• Dental problems
• Body rash
• Mesh migration and mesh shrinkage

When these symptoms occur, it may be necessary to undergo more surgery to remove the defective hernia mesh device. If the hernia mesh cannot be removed, it may need to be replaced. These corrective surgeries are often more complicated than the original hernia surgery and carry their own risks. If you or a loved one has suffered complications after surgery to repair a hernia using mesh, you may be eligible for financial compensation. A Long Island hernia mesh lawyer from Rosenberg & Gluck, L.L.P., is ready to fight for you. Call today for a free consultation with our hernia mesh lawyers.

The Manufacturer’s Duty to Do No Harm

When hernia mesh manufacturers design and manufacture a medical device, they have a moral and legal responsibility to test it thoroughly to determine that it is safe for use in humans before it is placed on the market. Although in theory the U.S. Food and Drug Administration is charged with oversight, they often rely on the data provided by the manufacturer when approving a device or drug.

When Clinical Studies Fall Short

The clinical studies are typically done in a fairly short period of time, often not long enough for dangerous defects to appear, resulting in premature approval of an unsafe product. There have even been cases where research data regarding a medical device was falsified in order to get quick approval.

The FDA’s 510(k) Approval System

Some of the hazardous mesh products were approved through the FDA’s controversial 510(k) approval system, which allowed some medical devices to be put on the market without first requiring rigorous clinical research to determine their safety.  

Inadequate Testing is Often to Blame

If clinical trials are adequate in length and performed ethically and honestly, a manufacturer will typically have some indication of a potential problem; however, the longer they take getting their product to market, the longer it takes for the profits to start rolling in, so overlooking potential problems or terminating trials after a matter of months may appear to be in the company’s best interest. To put it bluntly, greed for profits may supersede concern for patients’ well-being.

Dangerous Medical Devices and Product Liability Lawsuits

Thus, defective and dangerous medical devices are released on a trusting and unsuspecting public, who may suffer serious consequences as a result. Victims of this unconscionable corporate greed may be able to recover money as compensation for their damages in hernia mesh lawsuits against the manufacturer and others along the chain of distribution.  

Specific Products that May Have Caused Your Illness and Pain

These and other mesh products used in hernia surgery could be responsible for your post-surgical illness and suffering.

FDA Recalls for Hernia Mesh

The FDA has recalled various surgical mesh products. Information about the latest recalls of defective hernia mesh can be found in their Medical Device Recalls database. Some of these recalls include:

• Atrium C-Qur® Hernia Mesh – FDA recall posting date: 08/09/2013
• Bard Composix Kugel Hernia Patch and Bard® Composix LIP Mesh With Echo PS – FDA recall posting dates: 01/30/2007 and 06/02/2014
• Bard Ventralex® Hernia Mesh – FDA recall posting dates: 05/02/2011 and 11/01/2011
• Covidien Parietex Composite Parastomal Mesh – FDA recall posting date: 11/14/2018
• Ethicon Proceed Surgical Mesh – FDA recall posting dates: 01/26/2006, 01/14/2011, 04/03/2014, and 12/03/2020
• Gentrix Surgical Matrix – FDA recall posting date: 03/21/2019
• Novus Scientific TIGR® Matrix Surgical Mesh – FDA recall posting date: 08/19/2016

 

What You and Your Attorney Will Need to Prove

Product liability cases involving medical devices are often difficult and complex. You will need an attorney with significant experience in pursuing hernia mesh lawsuits. With your attorney, you will try to show in your Long Island hernia mesh lawsuit that the designer, manufacturer, or distributor of the mesh:

• Failed to do sufficient or adequate research before marketing their hernia mesh patch
• Failed to investigate reports of problems experienced by mesh implant patients
• Failed to promptly recall a hernia mesh product after problems materialized
• Failed to warn doctors, patients, and the public about the dangers of the product
• Misrepresented the safety of the mesh product

In addition, you will need to show that you suffered damages to your health and wellbeing as a result of your surgeon implanting the mesh, in the condition it was purchased, as a part of your hernia repair, and that the hernia mesh implant was the actual and proximate cause of your damages. If you are going to have surgery to remove the defective mesh, make sure the surgeon does not dispose of it and returns it to you as evidence in support of your claim.  

Get the Legal Help You Need when Suffering from a Defective Mesh Implant

If you or a member of your family underwent hernia surgery in which a surgical mesh product was used, you may have a claim to recover compensation in a hernia mesh lawsuit. Economic damages you may be eligible to recover include:

• hospitalization, surgery costs, and medical expenses (including future ones),
• lost earnings and wages, and
• out-of-pocket expenses.

You may also be able to recover for your pain and suffering, loss of enjoyment of life, as well as other noneconomic damages in hernia mesh claims.  

Join Others Suffering Similar Harm

You are not alone in your suffering. Mesh products have harmed many unsuspecting surgical patients. For this reason, they are usually best pursued as mass tort cases involving multiple claimants who have suffered from problems similar to yours. At Rosenberg & Gluck, LLP, our attorneys have substantial experience in handling mass tort cases that involve dangerous medical devices, hazardous pharmaceutical drugs, and other defective products. These complex and labor-intensive litigations require commitment, diligence, and access to top medical and other professionals to provide analysis and offer expert testimony in support of your hernia mesh lawsuit case.

Call Today

Contact our office today and tell us your story about your hernia mesh injuries. We will give you honest and straightforward answers to all of your questions about hernia mesh injury lawsuits and discuss your legal options with you. It costs you nothing upfront and nothing out-of-pocket until you win money. You have nothing to lose, but you have much to potentially gain. You will pay no legal fees or expenses for a hernia mesh lawsuit until the case has been settled in your favor. Hold greedy medical device manufacturers accountable for the suffering they have caused. Call Rosenberg & Gluck, L.L.P., for a free case evaluation with an experienced hernia mesh attorney today.