Beginning in January 2021, three hernia mesh manufacturers must face jurors and convince them that their products are safe. These manufacturers face an uphill battle.
The first trial against Bard, a company which faces over 10,000 lawsuits, is slated for January 2021. After a pretrial hearing, U.S. District Judge Edmund A. Sargus, Jr. threw out much of Bard’s proffered expert testimony. Trials against Ethicon, a Johnson & Johnson subsidiary, and Atrium are also scheduled for January 2021. Prior to these trials, the judge ordered the manufacturers to participate in a settlement conference.
Most defective product claims settle out of court.
Hernia Mesh Side Effects
Surgical meshes are part of many abdominal surgical procedures. Frequently, the initial surgery addresses PoP, or Pelvic Organ Prolapse. This condition is not life-threatening or even particularly serious. The use of a dangerous device, like a hernia mesh, usually means the cure is worse than the disease.
These procedures often weaken abdominal muscles. So, to keep internal organs in place, many doctors implant hernia meshes into many patients. The mesh essentially substitutes for muscle. But the mesh also absorbs into body tissues. As a result, when physicians try to remove surgical meshes, it is almost like trying to remove matted hair from bubble gum without damaging the hair or the gum.
Once they absorb, vaginal meshes often cause severe pain, especially during intercourse, permanent nerve damage, and scarring. Additionally, embedded meshes often cause Stress Urinary Incontinence. Frequently, doctors performed the surgery to address the effects of SUI, and the treatment makes the disease worse.
In 2019, the Food and Drug Administration recalled vaginal meshes, largely because, as described above, they are unsafe and ineffective. Unfortunately, by that time, doctors placed surgical meshes inside thousands of patients. These patients, and their families, are now paying the price.
Connecting with a Doctor
Because of these things, a Kansas City personal injury attorney can usually obtain substantial compensation for these victims. However, an attorney’s first priority is usually connecting hernia mesh victims with doctors. As mentioned above, only a highly skilled surgeon can remove absorbed meshes and keep the damage from getting worse.
Such specialized care usually costs hundreds of thousands of dollars. Most health insurance companies refuse to pay these costs, largely for liability reasons. And, most families do not have the resources to pay them out of pocket.
Attorneys usually send letters of protection to medical providers. Since these letters guarantee payment when the case is resolved, medical providers charge nothing upfront. Additionally, these letters give attorneys leverage to negotiate and obtain lower fees. As a result, victims could wind up keeping more of their settlement money.
Defective hernia mesh implants often cause serious injuries. For a free consultation with an experienced personal injury lawyer in Kansas City, contact the Krause and Kinsman Law Firm. You have a limited amount of time to act.
Adam Krause is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Adam Krause has made a career of taking complicated litigation and presenting it in the most elementary terms for a jury of your peers to understand. Learn more about his experience here.