As a patient who got faulty Ethicon hernia mesh or complications after the surgery, you can file a lawsuit against the mesh manufacturer. These lawsuits claim that the implant had faulty design and that the manufacturers did not warn the patients for potential risks and side effects.
If you underwent such surgery and had one of the following outcomes, you can file a hernia mesh lawsuit against the manufacturer:
- Adhesion (mesh sticks to internal tissue)
- Erosion of the implant device (it causes pain, nausea, fever or infections)
- Infections (it can lead to sepsis)
- Bowel obstruction (the mesh did not stay in place, it migrated; causing improper bowel function; constipation or diarrhea)
- Abdominal pain (nausea, abdominal pain)
- Migration (mesh moves from its original site of implementation)
- Chronic pain (post-surgery pain related to improper hernia mesh product or poorly implanted product by the doctor)
- Mesh failure (terribly implanted product or faulty design that requires complete removal)
Ethicon Hernia Mesh Defective Design
When the design of a hernia mesh is dangerous, it is considered a defective design. Sometimes the manufacturer may not be aware of the defect. Other times, the manufacturer might know about the defects and tried to hide that fact. Faulty designed hernia mesh can have serious side effects and cause health damage; they are like ticking bombs.
Sometimes manufacturers use polypropylene, which is known to cause internal damage and poor reactions. There are known cases where manufacturers have designed their mesh products with polypropylene (such as Ethicon); they used fabric to cover the polypropylene. The fabric will decay with time and exposes internal tissues to the polypropylene.
Even the safest medical devices might cause serious issues if they were poorly created. Hernia meshes are very fragile, so the slightest variation from the original design can cause serious injuries.
The plaintiff must show that the Ethicon hernia mesh had a manufacturing defect when it left the manufacturer’s possession and that the defect harmed their health. Without these two proofs, the plaintiff cannot file a lawsuit.
It would be helpful if the designers and constructors of the Ethicon hernia mesh testify. The plaintiff can also use surveillance video footage of the worker’s producing the hernia mesh.
The Patient Was Not Warned, and There Was No Proper Labeling
The manufacturers should warn their clients about the potential risks from the product. Even doctors should be fully informed and aware of any risk that hernia mash may bring.
Hernia mesh manufacturers must inform doctors of non-obvious risks that the product may cause and how this risk can be avoided.
Hernia mesh manufacturers tend to sell the devices without warning for the risks. Unfortunately, many patients ended up with disrupted health due to faulty devices and because the manufacturers remained silent about the risks.
When someone is aware of potential health damages of their products but refuses to speak, puts themselves in a position to be sued.
Your attorney should present the mesh packaging in court and point out what instructions and side effects were written on it. Your doctor and other patients with similar issues can testify in your case.
Case of Medical Malpractice
Although hernia mesh is quite safe, it can cause significant health problems if the surgeon implants it wrongly, or uses the wrong type or size, or fails to seal the mesh well.
If you were a victim of medical malpractice, you would have to show that the doctor was professionally negligent.
Your medical record is crucial to proof your doctor’s medical malpractice. Also, another doctor or a person from the medical staff could help in your case if they testify for the doctor’s mistakes.
Who do I File a Hernia Mesh Lawsuit Against?
In most cases, the one who carries responsibility is the manufacturer of the defective product.
Today, the market offers more than seventy hernia mesh products that are, in general, safe. But, a small number of such products are defective, which leads to frequent hernia mesh lawsuits.
Manufacturers such as Atrium – Maquet – Getinge Group: C-Qur, Davol – C.R. Bard: ST mesh products, C.R. Bard: 3Dmax, Ethicon – Johnson & Johnson: Proceed Mesh, Ethicon: Physiomesh, Gore-Tex: DualMesh, Bard: PerFix Plug and Marlex.
If you used some of these products and faced post-surgery complications and health issues, you can file a lawsuit and get your product liability compensation.
Dalimonte Rueb Stoller is a law firm that handles mass tort cases. Call us today and schedule your first free consultation. We are here to help you get the compensation and justice on your side.