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We rely on doctors to help us live our best lives and on organizations like the Food and Drug Administration (FDA) to provide oversight and ensure the safety of the devices that doctors use. Unfortunately, the FDA doesn’t always follow the proper procedures before allowing companies to market medical devices.
Hernia mesh is a classic example of medical device companies putting their profits above the well-being of the patients they claim to serve. Hernia mesh has been linked to a variety of health problems and negative outcomes. The FDA continues to approve products to the benefit of medical device companies and to the detriment of the general public. This government oversight behemoth has always been slow to take action, even when faced with thousands of injuries directly related to a particular product.
There are over 100,000 hernia meshes implanted in patients every year in the United States, but some of these models are dangerous and have not been recalled by the FDA.
A hernia is a condition in which weak spots in the muscle create a tear, allowing organs to push through. Hernia repairs are one of the most common general surgery procedures, with doctors performing around one million surgeries each year. Doctors use hernia mesh to create a barrier around weakened and damaged tissue that leads to hernias. Hernia meshes are considered the “gold standard” of treatment for serious hernias requiring repair. Mesh helps repair muscle and decreases the likelihood of recurring hernias.
Unfortunately, these meshes may also lead to a host of serious complications. The FDA reports these as the most common:
Other less common events include mesh shrinkage (contraction), which can lead to hernia recurrence. Doctors have also reported mesh migration, which requires retrieval surgery.
The FDA claims that many of the surgical meshes that are linked to serious side effects have been recalled. However, people continue to report adverse reactions to products currently on the market.
A defect in hernia mesh leading to injury is considered a product liability case. To win a hernia mesh case, you must prove four things:
Your claim will include both economic damages and non-economic damages. Economic damages cover medical bills and lost wages, while non-economic damages provide compensation for intangible losses such as mental anguish, pain, and suffering.
Hernia mesh cases are notoriously complex, as they contain many moving parts. Your complications may be due to an unsafe mesh or negligence on the surgeon’s part. We can conduct a thorough investigation to ascertain the parties responsible and help you receive the compensation that you deserve.
We offer our services on a contingency fee basis, so the process comes at no risk to you. To set up your free initial consultation and learn more about the services we offer, please contact us online or call (617)-391-9001 to talk to an attorney from Sweeney Merrigan Law.