Hernia is a medical condition in which the muscles of the abdominal wall develop a weakness. A tissue or a section of the intestine may then poke through that weak area of the abdominal wall. Your surgeon may treat the hernia by stitching it to enclose the area of protruding bowel/tissue. Besides, the doctor may also opt to cover the hole with a mesh to strengthen the weak area.
Types Of Hernia Wherein A Mesh Can Be Used
- Abdominal hernia: a hernia that occurs along the abdominal wall.
- Incisional hernia: hernia occurring on a spot where you had an injury or surgery.
- Inguinal hernia: it occurs in your groin area.
- Umbilical hernia: this hernia develops around the bottom of your belly.
- A hiatal hernia: is an abdominal hernia that occurs on the upper area of your stomach.
- Femoral hernia: mainly occurs in the upper part of your thigh within the outer groin and labia; it’s common in women.
Some mesh products used during surgery to treat hernia may be defective, which may cause complications after surgery such as adhesion, bowel obstruction, infections, erosion of the mesh implant, abdominal pain, mesh failure, and chronic pain among others. If you suffered hernia mesh complications, you may seek compensation from the manufacturer of the mesh for the harm caused to you with the help of a hernia mesh lawyer.
But, who is eligible to file a lawsuit? To know this, keep on reading.
Eligibility For Filing A Hernia Mesh Lawsuit
You may consult your lawyer on what to do in case you suffer complications after a mesh transplant. If your situation meets the following grounds, then your lawyer may advise you to consider filing a hernia mesh lawsuit. Here are those instances:
- The Design Of Your Implant Was Defective
A mesh implant is defective when its blueprint is dangerous. Design flaws can’t be corrected by transparent labeling or quality manufacturing. In some instances, the manufacturer is unaware that the hernia mesh is defective. On the other hand, the manufacturer might be aware that the device is defective, but chooses to hide it and continue to manufacture the mesh products.
Regardless of the situation surrounding the manufacturer, defective hernia meshes could be highly dangerous to your health. Hernia mesh manufacturers are required by law to strictly follow design standards. Design defects lie in the initial design schematics of the hernia mesh. For instance, researchers say that the C.R. Bard’s Kugel hernia mesh was designed with a ring for easy insertion. However, the ring could easily break and migrate, which could cause injuries.
- If You Suffered Medical Malpractice
There are several kinds of medical malpractices committed by medical professionals that can result in malpractice lawsuits. A surgeon might implant the mesh in your body incorrectly, may use the wrong size or type of mesh, or neglect to seal it well. Your doctor may also use a mesh when there is no need for one such as with small hernia occurring during laparoscopic surgery. Malpractice law points out to medical professionals that:
- It is their duty to care for you.
- They breach their responsibility by neglecting patient’s care standards.
- Due to their mistakes, you suffered damage and injuries. These injuries may include intestinal blockage, adhesions, mesh migration, organ perforation, hernia recurrence, and infection.
- They misadvised you to undergo additional surgery.
- Your Mesh Was Improperly Labeled Or Failure To Give Warning
Medical devices might have associated risks. The manufacturer should reveal these risks to the knowledge of doctors and patients. Categorically, mesh manufacturers should:
- Warn patients and doctors about non-obvious dangers the mesh may cause.
- Tell physicians how to avoid these dangers.
As much as hernia mesh manufacturers would want to have high sales, giving guidance on expected risks is a requirement of the law. This helps you as a patient to make informed decisions concerning the mesh and be responsible for it. Failure to do the above renders the manufacturer guilty.
- You Received A Mesh With Manufacturing Defect
This refers to the poor manufacture of the mesh implant. Any slight deviation from the right design may cause dangerous injuries. For you to win over a manufacturing lawsuit, your medical lawyer would point out that:
- The hernia mesh was dispatched by the manufacturer with a manufacturing defect.
- The defect was significant in causing you harm.
A successful lawsuit can help you get compensation for the harm suffered. This compensation may cover both non-economic and economic losses. Economic compensation may include medical bills, lost income, and expenses incurred in the course of seeking medical attention.
A comprehensive compensation may have you receive projected future expenses like future income losses and medical bills. This is meant to benefit you when the complications you have are complex and long-term.