Q: What is Hernia Mesh and why is it used?
A: Hernia Mesh is a flexible composite mesh that is used in surgeries to repair hernias in the stomach and groin areas. After the hernia is repaired, Hernia Mesh is placed beneath the abdominal wall to prevent the hernia from recurring.
Q: What is a hernia?
A: A hernia is a common medical condition where a small portion of the intestine bulges out through an opening the muscles of the abdominal wall. Hernias are caused by heavy exertion, age, or genetic factors. Hernias can typically be fixed through a minimally invasive surgery.
Q: What are the side effects of Hernia Mesh?
A: Contrary to its purpose, Hernia Mesh can result in increased recurrence of hernias after an initially successful surgery. (Ethicon “Urgent: Field Safety Notice” May 25, 2016)[1]
Q: Who manufactures Hernia Mesh?
A: Ethicon Inc., a subdivision of Johnson & Johnson.
Q: Why did my doctor use Hernia Mesh if it isn’t effective?
A: Normally, abdominal mesh reduces the chances of a hernia recurring by up to half.[2] Your doctor likely had no way of knowing that this material could have had a higher chance of potential failure. Based on their own press release, it was only after reviewing recent results of hernia registries that Ethicon discovered that Hernia Mesh could lead to a significantly higher rate of hernia recurrence in certain patients.[3]
Q: Is Hernia Mesh still in use?
A: No. Ethicon started a voluntary recall of the product after discovering the potentially higher rate of hernia recurrence. However, many patients still have the Hernia Mesh implanted in them and could face a risk of severe complications in the future.
Q: Has any legal action been taken against Ethicon based on these findings?
A: A lawsuit has been filed against both Ethicon and Johnson & Johnson alleging that Hernia Mesh is defective and that the two companies are therefore responsible for any harm caused by its use.
Q: How do I know if I have a viable case in the Hernia Mesh lawsuit?
A: If you or someone you know has suffered a recurring injury after receiving a Hernia Mesh implant, you may be entitled to compensation. Please call our office for a free case evaluation.
Q: How long do I have to file a Hernia Mesh lawsuit?
A: Every state has maximum time limitation on when an injury claim must be filed. These time restrictions are known as statutes of limitations. If a claim is not filed against the manufacturer before the statute of limitation expires, the injured persons may be forever prevented from bringing a claim against the entities and persons who may be liable for their injuries.
If you have been potentially injured by the use of Hernia Mesh, your statute of limitations may already have expired, or may expire in the very near future. Unfortunately, there is no way for us to tell you without us first reviewing the individual facts of your situation.
Q: What should I do if I want to pursue legal action?
A: If you believe you are suffering or have suffered from a recurrent hernia due to Hernia Mesh, first see a doctor immediately. You should also report the incident to your physician and the FDA.
To find out if you are eligible to file a claim in a Hernia Mesh lawsuit, contact McDivitt Law Firm at 800-378-4252 or request a free and confidential case evaluation.
[1] Ethicon, “Urgent: Field Safety Notice,” May 25, 2016 < https://www.igz.nl/Images/IT1027122-Ethicon_PHYSIOMESH-algepublic._tcm294-375822.pdf>.
[2] (http://www.webmd.com/digestive-disorders/tc/inguinal-hernia-references, n.4)
[3] Ethicon, “Urgent: Field Safety Notice.”