Mesh surgery has been widely used for medical procedures, including hernias and pelvic organ prolapse. However, in the past decades, a growing number of patients have reported issues associated with mesh implants. This phenomenon even led to a lawsuit for mesh surgery.
The following discussion covers the complete narrative regarding the mesh surgery lawsuit that you need to know, so stay reading till the last drop.
The Rise of Mesh Surgery
Surgical meshes have been in use since 1891, particularly for hernia surgery. The first mesh, polypropylene, was used to repair an abdominal wall in 1958. In 2002, the first mesh repair for transvaginal pelvic organ prolapse took place.
Materials
Surgical mesh is a net-like material to support the weak spots of the body or damaged tissue. The material can be made from synthetic materials or animal products. There are three shape mesh implants for various medical purposes.
1. Tape
Medically called Transvaginal tape (TVT) is a type of implant to treat stress urinary incontinence (SUI) in women. The mesh is made from polypropylene with a strip (tape-like) look. The mesh is then placed under the urethra to provide support and prevent urine leaking during coughing, sneezing, or exercise.
2. Sling
The sling shape provides the same goal as the TVT, just through a different approach. A vaginal sling is implanted in a surgical procedure via the vagina. The sling supports the urethra, preventing it from weakening and stretching which leads to incontinence.
3. Hammock
For the treatment of pelvic organ prolapse (POP), it usually uses the hammock-shaped mesh implant. This one is typically used for conditions where the bladder, bowel, or uterus bulges into the vagina. It can be implanted through the vagina or abdomen and serves as a hammock to support the weakened pelvic floor.
These meshes are designed to be permanently placed, making them unable to be removed if complications arise. The mesh shape allows body tissue to grow around and into the mesh over time, intentionally to provide support and stability.
The Lawsuit for Mesh Surgery
In 2007, lawsuits have been filed for hernia mesh surgery. Hernia occurs when an internal organ pushes through a weak spot in surrounding tissue. Surgeons use mesh implants to reinforce the weakened area to solve this condition, whilst also preventing it from occurring again in the future.
Patients who underwent mesh surgery began experiencing a range of complications, including pain, scarring, infection, erosion (mesh exposure), and organ perforation. Besides, some people who suffer from complications also experience constipation, sexual dysfunction, and diarrhea.
These complications often led to additional surgeries.
Seeking Legal Actions
The lawsuit alleges that manufacturers designed defective products, inadequate testing, and failed to properly warn patients of the potential risks. Hernia mesh lawsuits generally happen because the implants are defectively designed.
Unlike criminal lawsuits, lawsuits for mesh surgery focus on compensation for pain and remuneration for lost earnings in the form of mass tort. Based on the evidence and the facts in your case, your lawsuit will likely join an existing Multidistrict Litigation (MDL) and be processed in the federal court of litigation.
Understanding Class Action and Individual Lawsuits
The legal response to mesh surgery complications has taken two primary forms. Class action lawsuits involve a group of people collectively filing a claim against a common defendant, in this case, the surgical mesh manufacturer. These cases typically focus on common issues and damages.
On the other hand, individual lawsuits allow plaintiffs to pursue compensation based on their specific circumstances and injuries. Joining a class action lawsuit offers a streamlined approach, unifying similar claims into a single legal action.
Class action lawsuits also bring some merits, such as efficiency and cost-effectiveness, as legal expenses are shared among the members of the class. However, individual lawsuits allow for a more personalized approach, enabling plaintiffs to tailor their specific details.
Lawsuit for Mesh Surgery in 2023
As of December, hernia mesh lawsuits remain pending across multiple MDLs. Roughly 25,000 hernia mesh lawsuits are still pending today. C.R. Bard, one of the mesh manufacturers, won the first bellwether trial. The second trial’s verdict favored the plaintiffs with $255,000 in April 2022. Other trials are expected soon.
Meanwhile, Ethicon resolved with a confidential global settlement in September 2021. In April 2023, several cases from the remaining Ethicon MDL were dismissed.
Still, several new cases are being filed despite existing cases pending in November 2023. In December 2023, Johnson & Johnson and Ethicon quietly settled 224 mesh lawsuits.
The Regulatory Responses
The US Food and Drug Administration (FDA) has issued several warnings and safety communications for the past decade. Particularly for the transvaginal repair of pelvic organ prolapse (POP) and stress urinary incontinence (SUI).Â
In 2011, the FDA focused on the transvaginal mesh, accentuating the safety communication warning of the product to the customers. In 2019, the agency ordered manufacturers to stop selling and distributing all remaining transvaginal mesh products in the US.
However, the FDA has not issued any warnings or restrictions regarding hernia mesh products. As a result, the hernia mesh remains widespread.
Navigating the Complex Legal Actions
A lawsuit for mesh surgery continues to unfold and the process will take a long time. Thus, navigating the complexities of the legal landscape requires a nuanced understanding of the evolving litigation.
The complex interactions between medical understanding, governmental regulation safety standards, and the influential role of the case create a dynamic environment that demands careful attention and expertise. Plaintiffs should try to stay informed about the progress of the lawsuit.
Accordingly, it is advisable for individuals seeking legal action to consult with experienced attorneys specializing in medical device litigation. The case will include understanding any settlements, verdicts, or precedent-setting decisions that may impact individual cases.
A skilled professional can provide invaluable guidance on the best course of action based on your specific details. Therefore, you can try contacting an attorney as soon as possible to see if the facts and defendant of your case align with an existing MDL that has not yet gone to trial. Your case will likely join the MDL with similar claims.
The Multitude Cases of a Lawsuit for Mesh Surgery
Mesh surgery once seen as a medical breakthrough now becomes legal scrutiny due to its rising tide of complications. As the legal process proceeds, it plays a vital role in shaping the narrative of surgical safety and holding manufacturers accountable for their products.
