If you’ve researched hernia surgery, you’ve probably run into ads and headlines about hernia mesh lawsuits. As a surgeon, I can’t pretend this litigation doesn’t exist, and I believe it’s something physicians should talk about openly with their patients. Here is how I help patients make sense of it.
Why There’s So Much Litigation
The medical device industry has faced significant legal scrutiny over hernia mesh. Becton Dickinson (BD), the parent company of Bard and one of the largest providers of mesh, recently reached a major settlement to resolve the vast majority of its pending lawsuits. Cases have also been brought against essentially all of the major mesh manufacturers.
The lawsuits cover a mix of products. Some involve meshes that are no longer on the market, some involve meshes that are available and used today, and some involve specific coatings that were applied to meshes in the past and may no longer be in use.
A Lawsuit Is Not the Same as a Medical Risk
This is the most important point for patients to understand: a lawsuit against a product doesn’t automatically mean the product, or the concept of mesh, is unsafe.
These lawsuits are about product defects, which is different from the inherent risks that come with any hernia repair. They generally don’t argue that mesh is fundamentally flawed. Instead, they target specific historic design choices or manufacturing problems.
Examples of Mesh Designs That Failed
Ultra-lightweight mesh. One mesh, which hasn’t been used in over 10 years, was extremely thin and light. The idea was sound on paper: reducing the weight and thickness of the implant should lower the risk of chronic pain. In practice, it was a poor design choice. The mesh could tear, and patients developed hernias through it or ongoing hernia problems as the prosthesis failed. The device was discontinued, and lawsuits followed.
Composite coatings. Some meshes were built with coatings meant to protect the bowel from contact with the mesh. In some cases, those coatings degraded prematurely, which could cause intense inflammatory reactions, bowel obstruction, and fistulas.
Having a Mesh Complication Doesn’t Necessarily Mean You’d Qualify for a Lawsuit
Many patients assume that if they have pain or a complication after a mesh repair, they must have a case. It’s not that simple. Law firms are selective about the cases they take, and they generally look for cases they believe they can win. In most situations, that means the patient has needed a second operation related specifically to the mesh complication.
So even if you’re dealing with chronic pain you believe is related to your mesh, you may not be a candidate for one of these lawsuits. If you have questions about legal eligibility, an attorney is the right person to ask.
What Should You Do Next?
If you’re considering hernia surgery, talk with your surgeon about the repair options, including which mesh will be used, why it was chosen, and the risks and benefits specific to your situation.
If you’ve had a mesh repair and have symptoms, such as ongoing pain, a bulge, or signs of obstruction, don’t wait. Have them evaluated by your surgeon.
Legal headlines can’t tell you what’s going on with your own health, but an evaluation can.
If you have questions about a previous hernia repair or are weighing your options for surgery, give me a call at (602) 843-8317 or
book a consultation at www.glenn-surgery.com.
This article is for educational purposes only and is not medical or legal advice. If you have symptoms or concerns about a prior hernia repair, talk with your surgeon. For questions about eligibility for legal action, consult a qualified attorney.