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Hernia Repair Mesh Lawsuits Require Thorough Preparation

It is important to acquire the hospital's Operative Report when building a case to support a hernia repair mesh claim

Monday, March 16, 2020 - The problem with taking the steps necessary to preserve a hernia repair mesh that has been retrieved during revision surgery is that it is difficult to identify its manufacturer in a deteriorated condition. That is why hernia revision patients should know that the surgeon and hospital are required to record the specific device, its manufacturer, and other important information in the "Operative Report." The Operative report is on file in the hospital where you had your surgery or other medical care provider and should contain the manufacturer's name and address, the model identification, and the lot number of the hernia repair mesh batch. According to The National Law Review (NLR), the surgeon is required to remove the sticker that comes with the product containing that information and attach it to the Operative Report. It is a good idea to consult with a Hernia Mesh Attorney and have them write the letter to your medical provider to ensure that your request is taken seriously. Time is of the essence as most medical care providers are only required to keep records of surgeries for about 7 years on average. Ethicon Physiomesh lawsuits are not class action lawsuits and internal injuries caused by Physiomesh complications could qualify an injured patient through filing a hernia mesh injury lawsuit, the purpose of which is to hold Ethicon accountable for its disregard of product and consumer safety.

The NLR identifies the next step in filing a claim is to compare the hernia mesh retrieved with the information on the Operative Report to make sure the two match up and to see if your hernia mesh is one of those that are allegedly defective and already involved in litigation. Popular hernia mesh devices that have received adverse event reports include those manufactured by Ethicon, a division of the Johnson & Johnson Medical Devices Unit, Atrium, CR Bard, Covidien, and others. In 2016, Johnson & Johnson voluntarily recalled their best-selling hernia repair mesh, Ethicon Physiomesh Composite, after a high percentage of their patients in Europe reported that they were left in pain that required revision surgery. Most hernia mesh devices that are included in pending litigation are made from polypropylene plastic, a material commonly used for single-use clear sandwich bags and microwaveable food storage containers. Scientific studies have found that polypropylene may degrade over time when placed inside the human body and is not biologically compatible with organic tissue.

The next step is to quantify the degree of pain that your defective device is causing and to seek medical treatment immediately. Polypropylene hernia repair mesh manufactured by major medical device companies has been shown to degrade into pieces and then calcify into sharp pieces that are free to travel to other areas of the abdominal cavity and cause punctures, lacerations, internal bleeding, infection, and life-threatening blockages. Patients are urged to go to a different doctor than the one who implanted the original hernia mesh as their medical opinion may be jaded by their medical practice of implanting surgical mesh devices. It is unlikely that a hernia mesh surgeon would admit that the device they recommended to you was failing and the cause of your suffering so seek a second opinion in another county or state.

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OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. OnderLaw has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others. OnderLaw has won more than $300 million in four talcum powder ovarian cancer lawsuits in St. Louis. Law firms throughout the nation often seek its experience and expertise on complex litigation.