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If I Suffered Side Effects From My Hernia Mesh Surgery, Am I Entitled to Compensation?

Legally Reviewed and Edited by: Terry Cochran

You had hernia surgery performed where your surgeon used hernia mesh, which led to side-effects, complications, and injuries or multiple surgeries. You may be entitled to compensation for your injuries, and a good hernia mesh lawyer at Cochran, Kroll & Associates, P.C. can evaluate your case and assist you with a possible claim.

What is a Hernia Mesh Lawsuit?

Thousands of lawsuits have been filed against several hernia mesh manufacturers citing a large number of hernia mesh products since CR Bard Inc recalled the first hernia mesh product in 2005.

The very high rate of serious complications following hernia mesh surgeries prompted the FDA (U.S. Food and Drug Administration) to issue a warning in April 2016.

Patients allege the products were

  • Badly designed and did not meet performance criteria
  • Manufacturing problems and sterility issues
  • In some cases, hospitals were sold fake products

Also, the manufacturing companies failed to adequately warn surgeons of potentially serious complications.

Hernia Mesh Firms

Several hernia mesh manufacturers are involved in these cases, most notably:

  • Ethicon (a Johnson & Johnson Company)
  • Atrium Medical
  • Bard (Bard Davol)
  • Gore
  • Covidien/Medtronic

Injuries in Hernia Mesh Cases

Some of the most serious injuries in these cases:

  • Wrongful death
  • Infections
  • Organ damage and perforations
  • Autoimmune problems
  • Adhesions
  • Fistulas
  • Bowel obstructions
  • Repeat surgeries

How Do You Get Compensation for These Injuries?

Personal injury cases can be lengthy and expensive to litigate and are best handled by a personal injury lawyer at our law firm. We work on a conting,ency basis.

Injured patients normally file a product liability case through a hernia mesh lawyer at Cochran, Kroll & Associates, P.C. against the manufacturer of their hernia mesh product.

The majority of medical professionals provide excellent care; however, sometimes, things go wrong with severe or catastrophic consequences. It is essential to understand the difference between medical negligence, an unavoidable injury, or an error of judgment. Negligence is a common part of tort law and refers to a failure in Duty of Care.

As in all medical malpractice cases, you need to satisfy all four of the following components:

  • Duty of Care
  • Breach of duty
  • Causal connection
  • Actual loss or harm

Duty of Care

Were you owed a duty of care and by whom?

Doctor-Patient Relationship – any professional person involved in your care, from diagnosis to discharge and post-surgical care. They must provide care with the same skill and care expected from a reasonably competent professional under the same or similar circumstances.

Surgical Facilities or Hospitals – site of surgery and post-op recovery.

Medical Device Manufacturers -They have a duty of care to the patient to ensure a safe product when used as intended. They must provide appropriate instruction in the use of the products and to provide adequate warning of the potential side-effects and risks associated with the implant.

Was that duty of care breached?

You have to demonstrate that they breached their respective duties of care.

Doctors’ Breach of Duty of Care – you have to demonstrate that appropriate standards were not met, as could be reasonably expected from other medical professionals under similar or same circumstances, or as prescribed by state laws.

Hospital Breach of Duty of Care – ensuring a safe facility, properly working equipment, qualified medical professionals.

Hernia Mesh Manufacturer Breach of Duty of Care – Defective product (design, manufacturing, or marketing defect) and Failure to provide adequate warning of foreseeable side-effects and complications.

Were you harmed by the breach and can you prove causal connection?

You have to prove the breach was the direct and proximate cause of the harm suffered, such as complications, injuries, or damages.

Can you prove actual loss or harm?

You must be able to quantify the harm suffered monetary terms. This may include economic damages such as medical bills, travel cost, and lost wages, or non-economic (pain and suffering), which is more difficult to quantify.

If you had a hernia repair and live in Michigan, and you have suffered injury, call Eileen Kroll, a Registered Nurse, and Personal Injury trial attorney, at Cochran, Kroll & Associates, P.C. on 866-MICH-LAW for a free case evaluation.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Nikole has a special interest in medical-legal issues and holds post-basic degrees in medical law and business. She has developed quality improvement and safety plans for many practices and facilities to prevent medical-legal issues and teaches several courses on data protection and privacy, legal, medical examinations and documentation, and professional ethics. She has been writing professionally on legal, business, ethics, patient advocacy, research and medico-legal issues in articles, white papers, business plans, and training courses for over thirty-five years.



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