Hernia Mesh Lawsuit Claim: What Are The Grounds For Filing A Case And Who Do You Sue?
As of recent, many lawsuits due to hernia mesh complications have been filed. The reason being that the hernia mesh implanted, caused injuries and complications to the patient, hence disrupting their life.
Here in this article we highlight the major points involved in a Hernia Mesh Lawsuit Claim, including the grounds and the respective defendants according to the situation.
What is A Hernia Mesh Infection? Is It Dangerous?
A Hernia Mesh is basically a device that is surgically implanted in the body for repairing the hernia. They tend to provide support to the muscle tissue which is repaired and also assist in the re-growth of the tissue.
Surgical Hernia Meshes are of two types:
- Absorbable Hernia Meshes made of animal tissues absorbed in the body
- Non-Absorbable Hernia Meshes made out of non-toxic plastic materials
A Hernia Mesh implant if not done accurately or if the device is toxic can then cause complications which can result in excruciating injuries as well, requiring further surgeries for repair or correction of the implant.
Infections of hernia mesh devices can include the following signs and symptoms:
- Redness at the operated site
- Burning sensation at the operated site
- Intense Pain
- Symptoms of Flu such as Body Aches, Nausea, Chills, Vomiting
- Swollen lymph nodes
- Dental problems
- Urinary tract infections
If not treated at the right time, an infection from a hernia mesh device can result in:
- Recurrence of hernia
- Damage of the organ
- A general delay in healing
- Rejection or migration of the implant
- Chronic pain
Additional surgery for having the hernia mesh infection corrected or repaired also comes with its own set of risks. A serious infection can even result in destruction of the tissue surrounding the hernia mesh with no permanent solution either.
Who’s Accountable in Cases of a Hernia Mesh Infection?
Suffering from any of the above mentioned complications and injuries can prove to be substantial as grounds for filing a Hernia Mesh Lawsuit. It is best to hire a Hernia Mesh Attorney in such circumstances.
Depending on the situation, the patient may be filing a lawsuit against the:
1. Manufacturer of the Mesh Device
If the surgery went well, but the problem was with the mesh device itself, which led to the infection, then the lawsuit would be filed against the manufacturer. Such a lawsuit is called a Product Liability Lawsuit and may be based on:
- The device being defectively manufactured
- The device having a defective design
- The device being defectively marketed
2. Surgeon or the Health Care Professional
If the hernia mesh device was perfect but the surgery or implantation was not done accurately, then the lawsuit is filed against the Surgeon who performed the surgery or the Hospital. Such a lawsuit is called a Medical Malpractice Lawsuit and may be filed on the basis of sub-standard scare.