Need to file a hernia mesh lawsuit in San Diego? It has become normal to see mass tort lawsuits on TV. You will see fancy Hernia Mesh lawyers telling you that they can get you millions. They usually make promises that they cannot keep, and also make you think that it is very easy to win a mass tort case.
The reality is far from that. Mass tort cases are usually against large and rich companies. They tend to involve complicated medical issues. Developing some of the cases take more than one year. Such cases can be hard and painful for plaintiffs.
They might be time-consuming and painful, but these cases are necessary. They are needed when it comes to protecting people from defective and harmful products. Most of these cases involve dangerous drugs, medical products, or pollution.
Table of Contents
Where can A Hernia Mesh Claim be Filed?
Hernia mesh has become a common mass tort issue in the recent past. Hernia mesh is used to help repair a hernia. The concept is pretty simple. When there is a weak spot in the hernia wall, the intestines budge. Hernia mesh is used by doctors to plug the hole. This can be described as the same as patching a leak in a swimming pool or bike tire.
One thing to know is that the mesh is not perfect. Many patients have found out how harmful it can be. Several hernia mesh claims are being handled by our class action attorneys.
Why Do Attorneys in San Diego Believe Hernia Mesh Causes Injuries?
90% of hernia repair surgeries use hernia mesh. Most of them are manufactured by a company known as Bard. They have been involved in many lawsuits over the years for a wide range of defective medical products. Johnson and Johnson is also a known manufacturer.
There are about a million patients receiving hernia mesh in the US every year. Many of these patients are going to end up with side effects from hernia mesh. 50,000 patients are estimated to end up filing suit against manufacturers of the hernia mesh because of the injuries they sustained.
The main reason why hernia mesh causes such injuries is that it is made of plastic. Plastic can easily tear and break. If this ends up happening, then the patients will get medical issues such as:
- Chronic pain
- Tissue fusion
- Bowel blockage and obstructed bowels
- Mesh migration
- Need for secondary hernia repair surgery
- Tearing of internal organs
- Mesh traveling through their body
If you experience any of the above issues and you have a hernia mesh, then make the effort of contacting a San Diego mass tort attorney at Dalimonte Rueb Stoller.
Why Have Mass Tort Lawyers Failed to Succeed In Getting Hernia Mesh Off the Market?
After reading all the issues brought about by hernia mesh, the question in your mind is likely why are they still being used. As we had mentioned, 90% of hernia repair surgeries use them. They can still be found in most countries despite the dangers they pose.
Johnson and Johnson have released many varieties over the years. They got severe warnings from the FDA, and they ended up taking one version out of the market. This means they still market the other varieties.
The lawsuits are going to be there until all of the different varieties have been taken off the market. The product has been shown to be dangerous. Both the doctors and manufacturers know about this. Mass tort lawyers in San Diego also know about the risks of hernia mesh.
What Cases are Pending?
Although some suits have been dismissed or settled, there is a lot still pending. Several class-action lawsuits are still pending today. Some of these might end up being settled. Others are going to end up in a trial.
Some of the popular lawsuits pending that involve hernia mesh include:
Bard – Davol Division
The products involved in these suits are from Bard, and they are Composix LIP and Composix E/X. Bard has already spent hundreds of millions in settling the cases. There are over 1,800 plaintiffs with federal cases that are still pending. There are also individual and class action suits that are still pending against the company in different states.
Johnson and Johnson (Ethicon)
Ethicon is the division of Johnson and Johnson that deals with the manufacturer of hernia mesh. There are about 1,500 pending cases against the company, and they are federal cases. They are being handled out of Georgia. They are expecting to be in more federal and state lawsuits in the coming future. The first trial has been scheduled to start in the fall of 2019. The company has become the most popular defendant even though they have not manufactured the most mesh. The reason behind this is that they have a big name that attracts a lot of attention and recognition.
Atrium Medical manufactures hernia mesh known as C-QUR. They have 500 lawsuits against them. Most of the cases have been filed out of New Hampshire. They are expecting to deal with more suits with time, just like the other defendants.
Mass tort cases tend to be combined and become what is known as Multi-Jurisdictional Litigation. What this means is that all of those federal cases become one and they are tried out in one court. This reduces confusion and streamlines the process. It ends up saving the defendants, the plaintiffs, and the courts a lot of money. If the cases were to be tried in every state, it would take a very long time and cost millions.
Contact a San Diego Mass Tort Attorney If You Have Been Injured by a Hernia Mesh
If you or a loved one has been injured, make sure you talk to a mass tort attorney with experience in Hernia Mesh Cases. Contact Dalimonte Rueb Stoller to start your claim. There is a time frame you need to stick to when it comes to filing a claim. If you miss this window, you might never get the compensation you deserve.
We have a free initial consultation to get the process started, call us for it to be scheduled. The accredited class action attorney is going to look at the case and provide you with more information. It is important to have an attorney by your side because the manufactures and insurance companies have theirs too.