Hernia Mesh Lawsuits in Chicago: What You Need to Know

By Shannon Gurnee
In Health
August 15, 2023
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Today, on Redhead Mom, I’m sharing a partnered guest post bout Hernia Mesh Lawsuits in Chicago.

hernia mesh lawsuit medical

If you have never had a hernia in your life, consider yourself very lucky. While this common medical condition can start practically painless; over time, it worsens and can develop into a serious condition. Eventually, all hernias require surgical repair.

Back in the 1980s, the FDA approved what was then considered an ingenious medical device: hernia mesh. Like most medical equipment, there was a projected estimate of how many mesh may fail in a given year.

These estimates were incredibly wrong.

What is Hernia Mesh?

Hernia mesh is a surgical mesh made from polypropylene. Surgeons use this mesh to tighten tissue around the site of a hernia repair to aid healing and prevent reoccurrence. In the million-plus hernia repair surgeries across the US each year, around 800,000 patients will receive a hernia mesh.

And in a 2016 study, 31% of patients who received a mesh reported complications within a five-year period. While medical research is searching for a better, safer, and more effective method, hernia mesh still remains in heavy use.

Since the early 2000s, the FDA has had to recall hundreds of meshes, even forcing one manufacturer to shut down due to the harm those specific styles and brands caused patients. Now, defective medical device attorneys in Chicago and across the US are helping victims and their families find justice.

How Does Hernia Mesh Malfunction?

Hernia mesh failure falls into three categories: mechanical, where the mesh breaks down; biological, where the mesh and the body’s natural systems clash somehow; and functional, where the mesh simply fails to prevent a hernia from reoccurring.

There are a few different ways hernia mesh malfunction can occur. The mesh could adhere to internal tissue. It could migrate or break down, leading to infection or bowel instruction. It can shrink, perforating tissue and organs. 

Hernia failure can lead to intense pain and discomfort, nausea, and infection. In the worst cases, a patient can suffer septic shock or even death. Infected mesh material can also lead to cancer.

Suppose you or a loved one have received a hernia mesh during repair. In that case, you need to watch for symptoms such as abdominal pain, developing a UTI, fevers, nausea, blood in the stool, trouble urinating, rash or swelling at the surgical site, or wound drainage. Any of these can indicate an issue with the hernia mesh and require immediate attention.

What Can You Do?

Stay on top of your health. If you know your baseline heart rate, temperature, and blood pressure, you can more accurately detect when something is wrong. If you discover a hernia, you and your doctor can create a health plan to monitor the hernia until it requires surgery— you may decide to discuss surgery before it becomes necessary.

Talk to your doctor if you have a hernia, and discuss concerns with hernia repair surgeries and the use of mesh. Your doctor can talk you through the most recent information on available mesh and discuss potential risks.

If you have already received a hernia mesh, monitor for the symptoms listed above and inform your doctor about any developing health issues during your recovery. This is also important to watch for potential infections or other potential complications from outpatient surgery.

If your hernia mesh fails, the next step is to find a lawyer.

Taking Legal Action for Hernia Mesh Failure

Personal injury law covers civil cases where someone was harmed because of someone else’s actions, whether those actions were deliberate or accidental. It allows victims or their surviving family members to hold the responsible party accountable, but it also helps them seek compensation for the expenses they accrued as a result. Defective medical device cases serve the additional purpose of protecting future patients.

A defective medical device case isn’t something you should try to tackle on your own—the paperwork alone can be a nightmare. But when the case is as widespread as hernia mesh failures, you can join in with group lawsuits to access dozens of testimonies and records.

In addition to the inherent risks associated with the use of defective medical devices for patients, it is crucial to recognize that healthcare workers, including surgeons and other staff involved in the implantation process, may also be at risk of injury during disputes. Medical professionals can become unintentional victims in these situations, facing potential injuries or health complications due to their direct involvement in the use of faulty medical devices.

This complex scenario adds another layer of concern to legal proceedings, as it raises not only issues related to patient safety but also highlights the well-being of those tasked with administering medical treatments. In such cases, the involvement of a workers’ compensation law firm becomes paramount. Addressing the potential injuries and health complications faced by healthcare professionals during disputes involving defective medical devices requires specialized legal expertise to navigate the intricacies of workers’ compensation laws. Ensuring the protection of both patients and healthcare workers is essential in creating a comprehensive and just resolution to these challenging legal situations.

If you or a loved one were harmed or even killed due to hernia mesh failure, schedule a free consultation with a local defective medical device lawyer. They can go over the information you have so far and determine if you have a strong enough case to go through with a lawsuit. If you decide to retain them, the lawyer will then help ensure all paperwork is filled and filed correctly and on time. They will also help gather evidence, from obtaining copies of your medical records to contacting expert healthcare professionals for their testimony.

What to Expect From a Lawsuit

Your lawyer will handle most of the case, keeping you up to date on any progress and letting you know if they need anything. Should anyone try to contact you about the case, whether from a newspaper or the defendant party, do not speak with them— direct everyone to your lawyer. 

Your lawyer will be handling negotiations. They may be able to convince the manufacturer to settle outside of court; otherwise, they will represent you through the court case, as well. If you go to court, follow your lawyer’s lead. They will explain court etiquette and help you get through the process. 

Court cases can take anywhere from a few days to a few years. Luckily, most insurances and hospital billing departments understand the process and will work with you to take care of expenses or hold them during the interim. Be sure to track all expenses related to the case, from medical bills to pharmaceutical costs. If you lost a loved one, also keep records from the funeral and burial costs.

Your lawyer will be your strongest ally during this time. Trust them to fight for your best interests while you focus on your family.

About Has 6456 Posts

Shannon Gurnee is the author of Redhead Mom formerly "The Mommy-Files", a national blog with a loyal following. She has a Bachelor's Degree in Marriage, Family, and Human Development with a Minor in Business Management. Shannon and her husband, Frank, have a large family with 6 awesome kids and love living on the Central Coast near San Luis Obispo, California, as well as traveling around the world. A full-time Social Media and Professional Blogger, Shannon also serves as a National Brand Ambassador for many well-known companies. Her blog focuses on motherhood, family fun activities, traveling, fashion, beauty, technology, wedding ideas and recipes while providing professional opinions on products, performances, restaurants, and a variety of businesses.

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