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Hernia Mesh Lawsuit

A great number of people have gotten hernia mesh surgery with implants and afterwards suffered from serious medical conditions.

Investigations have found that these issues were caused by the hernia mesh manufacturers, because they used cheap materials that put patients at risk from their hernia mesh surgery. Patients have been suing hernia mesh manufacturers for damages, and now, thousands of lawsuits have been filed against hernia mesh manufacturers for flawfully designing their products and failing to warn physicians and patients of the risks that come with using them and their possibility of causing serious personal injury.

Hernia Mesh Implants

The lawsuits arise from the mesh implants that surgeons use during a hernia surgery. Hernias occur when the bands of muscle or tissue, typically in your lower abdomen or groin, go weak, separate, and your insides stick out through them. It looks like a firm bubble or bulge underneath your skin. This causes pain and other complications, especially if other organs in the area get dislocated.

The most common types of hernias are:

  • Femoral occurs in outer groin or upper part of thigh
  • Hiatal occurs inside the abdomen along the upper diaphragm or stomach
  • Incisional occurs through an incision or an injury in the abdomen
  • Inguinal occurs in the inner groin
  • Umbilical occurs at the belly button
  • Ventral occurs in the general abdominal or ventral wall

Not all hernias require surgery immediately. However, if the muscle or tissue holding your insides in place gets strengthened or supported then the hernia will probably reappear.

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3M Ear Plugs

3M earplugs are created from soft foam and a narrowed design for an easy insertion in the ears. They help to reduce getting exposed to harmful noise levels. They are used as a noise blocking deal. These earplugs are easy to roll down and insert in your ear canal. The foam is efficient because of its softness, it regulates with the body temperature so you can use them for a long period of time without feeling discomfort. They moreover secure the user’s ears from water, foreign bodies, dust or wind.

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Herniorrhaphy is the hernia repair surgery. The surgeon makes an incision near the location of the hernia, and the bulge is pushed back inside the muscle, then either stitches are used to put the muscle together or implants of small hernia mesh are placed over the area. Usually surgical mesh is used because after the surgeon presses it into the muscle where the hernia has been, the muscle or tissue grows through the small mesh holes. The growth of this incised tissue indicates that the implant will slowly become a part of the muscle as the time passes, it will strengthen the muscle to prevent the hernia from reappearing.

Two types of hernia mesh implants that can be used are:

  • Absorbable
  • Non-absorbable

Absorbable mesh is used from animal tissue, typically from a pig or a cow. As it is completely absorbable, still this mesh loses strength as the time passes and does not work well as a permanent solution for the hernia.

Non-absorbable mesh is made from a synthetic material, i.e. plastic. While the muscle or tissue still grows through the mesh holes and creates scar tissue, the synthetic material still survives and provides a permanent source to strengthen the tissue or muscle to keep your gut inside.

A crucial impediment in the procedure and the usage of mesh is that the mesh needs to grow and support the muscle or tissue holding in the organs, not the organs themselves. If the mesh sticks to the organs then serious medical complications are resulted.

Around a million of these hernia procedures are performed every year in the US, according to the U.S. Food and Drug Administration (FDA).

Variety Of Defects Occur In Hernia Mesh Implant

There are some disturbing factors in the design of that cause inevitable injuries, like:

However, the defect was that the earplugs were designed incorrectly; the buds were too short,and the seal that helped each plug to remain inside the user’s ear became loose after some time (this change remained unidentified by the user). Hence, the earplugs were not functioning as they were intended to, not providing the user with needed protection from the ear damages.
The basal edge of the third flange of the non inserted end of the earplug was prone to press against the users’ ear and fold back to its original shape, therefore it loosened the seal.

 

The earplugs were also falsely certified being up to standards reducing noise rating to (NPR) or 22 but it was later found that the earplugs had an average NPR of 10.9, which is extremely below the required standard or protection of ear from damages.

The earplugs lasted several months and should be replaced immediately if they shrunk, hardened, tore, cracked, or became permanently deformed. 

Largest Manufacturers Of Hernia Mesh Implants Filed For A Lawsuit

Following are some of the biggest manufacturers and producers of hernia mesh implants that were filed or a lawsuit:

  • C.R. Bard (Composix E/X and Composix Kugel implants)
  • Atrium Medical Corporation (C-Qur models)
  • Covidien (Parietex and Parietene models)
  • Ethicon (Ethicon’s Physiomesh)
  • Gore Medical a part of W.L. Gore & Associates (DualMesh and DualMesh Plus products)

If your conditions are meeting the above mentioned criteria, then you are eligible to recover your compensation or the hearing damages you have sustained as well as the dishonest actions of 3M earplugs. 

1,426,183 people with tinnitus and hearing loss received disability compensation in 2022.

Product Liability Claims

Under products liability law, there are three ways to hold the company liable for manufacturing a defective product. Following factors are for when the product is:

  1. Defectively designed
  2. Defectively manufactured
  3. Defectively marketed, also called a “failure to warn” claim

Lawsuits over injuries caused by hernia mesh products have charged all of the above mentioned types of defects.

Moreover, many hernia mesh lawsuits have also included a charge of medical malpractice against the surgeon, as the mesh manufacturer possibly defends itself by claiming that it is the surgeon’s fault and not theirs.

Variety Of Defects Occur In Hernia Mesh Implant

The medical issues caused by the flawed design and manufacture of hernia mesh have created a lot of problems, each of which leads to tragic medical complications after hernia surgery. The defective mesh:

  1. Decays in blood because it is made from polypropylene
    Decaying or erosion causes:
  • Discomfort at the site of the mesh
  • Inflammation
  • If the scar tissue contains a nerve then chronic pain occurs

The shrinkage can lead to other complications, including:

  • Perforation of the tissue the mesh is stuck to
  • Weakening of the tissue further leading to another hernia
  • Mesh migration
  1. Narrows because it is made from polyester
    All of the symptoms that shrinking polypropylene mesh causes are also caused by constriction.
  2. Sticks to the wrong body part

When the mesh adheres to something other than the target muscle or tissue, the issues it can cause can be severe:

  • Victims suffer from small bowel blockages if the mesh sticks to a portion of the intestine
  • If the mesh sticks to a large portion of the intestine, it can be a complete bowel blockage which causes diarrhea, severe constipation, and lots of pain, as well as severe medical issues from the obstruction
  • Organ perforation occurs when the mesh sticks to an organ and then peels away from it
  • For hernias in the groin, damage to the spermatic cord requires the removal of a testicle
  1. Migrates
    Hernia mesh implants can migrate in various different situations, including when the mesh
  • Was negligently placed by the surgeon
  • Failed to stick to the muscle or tissue
  • Stuck to the muscle, shrank or tightened, and peeled away from it altogether.
  1. Causes an infection
    Infections caused after a hernia mesh implant procedure include the following symptoms:
  • Inflammation
  • Fever
  • Pain
  • Redness and burning on the surgery site
  • Other flu-like symptoms

The infection also slows down the recovery period and leads to other side effects like:

  • Diarrhea
  • Urinary tract infections
  • Pneumonia

These all can be painful, debilitating, and expensive.

  1. Fails and requires another surgery
    This is not a trivial matter, as:
  • A mesh that has failed to stick to anything is a migratory mesh, which moves from the site of the surgery and causes other issues
  • The hernia will probably reappear without the support of the mesh to avoid it from happening

A hernia mesh corrective surgery has to be scheduled immediately after the discovery of the failure. This is an expensive and difficult surgery that should not have had to be endured.