JPML's Decision on Future Hernia Mesh Cases
After declining to consolidate Hernia Mesh cases into one court, the Judicial Panel on Multidistrict Litigation on June 7 decided to send 73 lawsuits from a federal court in New York to a federal court in Massachusetts. This decision was made after seeing an increase in cases filed against Covidien and parent company Medtronic.
There are 73 suits pending in seven different district federal courts. Both the plaintiff side and the defendant side agree with pretrial consolidation and coordination in a MDL. With this move, these cases will be in the same state as the 4,700 pending cases in the Massachusetts state courts. More cases are expected to be filed following some of the first bellwether cases reaching settlements. A couple of months ago, our very own Kelsey Stokes helped secure a $250,000 verdict for a client in a federal court in Ohio.
More on the Hernia Mesh Lawsuits
People who file Hernia Mesh claims are typically those who suffered severe injuries that required revision surgery to repair the damage done to organs and tissues in and around the affected area.
It’s being argued that the polyester in the hernia mesh products causes inflammation and is more brittle and significantly more prone to problems than alternatives. Many patients also say there are defects in the collagen barrier or polylactic microgrips used in some of the mesh products.
Some common hernia mesh complications include, but are not limited to:
- Adhesion and Perforation of Organs or Tissues: Mesh implant sticks to other organs and tissues or punctures them.
- Pain: Lasting months or years after the initial surgery.
- Inflammation: in the affected area. This may also lead to infection.
- Migration: Hernia mesh moves from initial surgery site to other parts of the body.
- Seromas: Pockets of fluid buildup around the surgery site.
- Hernia Recurrence: The hernia may return if the mesh fails. It’s a common complication of hernia surgery.
- Revision Surgery: One or more surgeries to remove the mesh depending on the severity of complications.
- Groin or Testicular Pain: A burning sensation at the surgery site caused by pinched nerves after hernia mesh surgery.
Plaintiffs in these cases are seeking compensation for damages, including lost wages, medical bills, loss of quality of life and pain and suffering.
Who Is Eligible to File a Hernia Mesh Lawsuit?
You may be eligible to file a hernia mesh lawsuit if you had a hernia mesh surgery and experienced serious complications afterwards.
There is a deadline for filing lawsuits called a “statute of limitations”, which varies by state. If you happen to miss that deadline, you won’t be able to file a hernia mesh lawsuit. You can contact our firm to see what options you have.