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Hernia Mesh Attorney - Slepkow Law (Est. 1932)

Hernia Mesh Attorney - Slepkow Law (Est. 1932) | Rhode Island Personal Injury Attorney | Scoop.it
Flexible, sheet-like mesh devices are a common surgical remedy for weakened or damaged soft tissue, including hernias. First considered as an alternative to primary suturing in hernia patients in the 1950s, mesh devices now account for roughly 90 percent of hernia repair procedures, the Food and Drug Administration reports. The dominance of mesh devices as …
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Flexible, sheet-like mesh devices are a common surgical remedy for weakened or damaged soft tissue, including hernias. First considered as an alternative to primary suturing in hernia patients in the 1950s, mesh devices now account for roughly 90 percent of hernia repair procedures, the Food and Drug Administration reports.

The dominance of mesh devices as a hernia repair technique can largely be attributed to the belief that they reduce time spent in surgery and recovering. If a mesh device is defective, however, patients may find themselves facing severe complications, additional surgery, and unexpected medical bills. A medical malpractice lawyer who is also a product liability law attorney will help you get the justice you deserve.

We are reviewing potential cases of defective hernia mesh, made of non-absorbable polypropylene that may have caused injuries, including:

  • Ethicon Physiomesh™
  • Atrium C-QUR
  • Composix® Kugel® mesh patches (manufactured by C.R. Bard subsidiary Davol)
  • All C.R. Bard mesh patches made of Marlex polypropylene

Hernia Mesh Complications

When complications from hernia mesh repairs do occur, they can be severe and potentially life threatening. Hernia mesh side effects may include:

  • Pain
  • Swelling
  • Adhesions
  • Obstructions
  • Mesh migration
  • Bacterial infections
  • Hernia recurrence
  • Additional surgeries to treat hernia recurrence

Some complications may be so severe that they may even lead to death.

Recalled: Johnson & Johnson Ethicon Physiomesh™

In May 2016, Johnson & Johnson voluntarily recalled its potentially defective Ethicon hernia mesh, citing reports from two unpublished studies that the device failed at higher rates compared to similar devices. Reports from two unpublished studies conducted by Herniamed German Registry and Danish Hernia Database found that the laparoscopically implanted Ethicon device failed at higher rates compared to similar devices, with instances of hernia recurrence and reoperation rates notably above average.

In a letter notifying healthcare providers of the recall, Johnson & Johnson claimed that the exact cause of the Ethicon hernia mesh product’s elevated failure rates was not clear, and was likely multifaceted.

 

www.ripersonalinjurylaw.com 

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Hernia Mesh Material made of Synthetic Materials - polypropylene, marlex, polyester

Hernia Mesh Material made of Synthetic Materials - polypropylene, marlex, polyester | Rhode Island Personal Injury Attorney | Scoop.it
Hernia mesh has changed the way the surgical procedure is conducted. While, in the past, hernias had been complicated procedures that involved a hospital stay, now they can be done without an overnight stay in the hospital due to the manner in which the mesh can cover the hole that is causing the hernia. However, …
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Hernia mesh has changed the way the surgical procedure is conducted. While, in the past, hernias had been complicated procedures that involved a hospital stay, now they can be done without an overnight stay in the hospital due to the manner in which the mesh can cover the hole that is causing the hernia. However, this progress has come at a cost through the complications that these meshes have caused the patients that have had this material implanted into their bodies. The composition of this mesh has precipitated all sorts of issues from allergic reactions to life-threatening infections. In part, these have resulted from the way that these hernia meshes have been manufactured. The complications have led to a large number of product liability lawsuits being filed against the manufacturers of these products.

WHAT IS HERNIA MESH?

A hernia mesh is a sheet that is placed over the affected area and sewn into the muscles. When a patient has a hernia, it means that an organ or other fatty tissue has squeezed through a hole in the muscle. This can occur at various points of a patient’s midsection. The result of the hernia is that the patient often has a bulge where the organ has come through and a hole from which it protrudes. The point of the hernia is to fix the hole so that the organ or the fatty tissue can no longer protrude. In the past, that hole was sewn shut. This was a complicated procedure that was a major surgery and required an incision.

In the 1980s, however, surgeons began to use a hernia mesh in order to fix the problem. This mesh was placed over the affected area and sewn in to cover the problem. Eventually, the area around the mesh would strengthen, but the mesh would obscure the protrusion until it did so.

A hernia that results in implantation of mesh results is a foreign substance being introduced to the body. Oftentimes, this can cause side effects that can impact a patient long after the actual procedure. In order to understand why some of these meshes can cause complications for patients, it is important the understand the composition and features of each of these meshes.

MARLEX

Marlex mesh is one of the oldest types of hernia meshes, having been used in surgery going back to the 1950s. Marlex is a fiber that is made out of polyethylene. This material is part of the family of thermoplastic polymers. In other words, the surgery resulted in the insertion of plastic into a patient’s body. Marlex is the same type of plastic material that is used in the manufacture of Hula Hoops. Marlex was the predominant product in the hernia mesh market for over 30 years until advances were made in the technology used in hernia meshes. Marlex is still used for the repair of inguinal hernias.

POLYPROPYLENE

This material is found in the hernia mesh that is called Physiomesh. Polypropylene is also the type of surgical mesh that the vast majority of hernia mesh is composed of. Physiomesh was manufactured by a subsidiary of Johnson & Johnson and was voluntarily removed from the Market by J&J because of widespread victim complications as well as studies indicating that the mesh was defective. Also, the vast majority of the hernia mesh manufactured by Bard/ Davol and Atrium is composed of polyproplene. Polypropylene is also made with material that is in the plastics family. This material has both physical and chemical properties and is considered to be a low-density plastic. Makers of polypropylene hernia mesh claim that this material is inert when it is used as hernia mesh. However, some complications have resulted from the fact that biofilms can actually grow on the surface of these meshes causing infection.

POLYESTER

Hernia meshes that are made out of polyester are braided sheets that do not have some of the same chemical properties as polypropylene-based meshes. Although polyester meshes shrink less than other types of meshes, the main danger of the polyester mesh is degradation. When a hernia mesh degrades, it can cause infection. Alternatively, failure of the mesh can result in the need for an additional surgery to fix the hernia problem. While a polyester mesh would ordinarily sound safer than a plastic mesh, studies have shown no difference in post-operative pain when a polyester mesh is used. Mesh manufactured by Covidien/ Medtronic is made of Polyester mesh.

BIOMATERIALS

Meshes that introduce less chemical substances into the body may be considered safer than synthetic meshes. The latest generation of hernia meshes feature biological products as the basis for the composition of the mesh. These types of meshes include bovine, pig and human material. They act as a biological scaffold while the patient’s own muscles regenerate around the mesh. Eventually, the mesh will disintegrate, and patient will be left with their own healed muscles. This type of mesh is the safest mesh available in terms of being able to prevent post-surgical complications. The obstacle to more widespread adoption of these meshes are the high cost. The hope is that the cost can come down to the point where these products are used in a majority of the future hernia operations.

SIDE EFFECTS

The fact that meshes with foreign materials are permanently implanted into the body introduces a heightened risk for complications resulting from a hernia surgery. The rate of complication in a hernia surgery can range up to 25% according to a study published by the NIH. Some of the complications that can result from hernia meshes include infection and allergic reactions. These will cause pain at the surgical site for months after the procedures. In a worst-case scenario, the patient must have a follow-up procedure to have the mesh removed. A new mesh must either then be inserted or the hernia otherwise fixed. These complications are both painful and expensive. Even minor complications have the possibility to degrade a patient’s quality of life for a long time after the surgery.

If you have had a surgery that has resulted in the implantation of hernia mesh and have experienced complications after the surgery, it is imperative that you contact a lawyer immediately. A hernia mesh attorney will advise you of the legal options that you have to file a hernia mesh lawsuit, including your chances of obtaining a recovery for the defective hernia mesh that has caused your side effects after your procedure.

Sources:

https://www.ncbi.nlm.nih.gov/pubmed/21755316

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5618132/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2999781/

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When Electric Scooters Crash, Who’s to Blame?

When Electric Scooters Crash, Who’s to Blame? | Rhode Island Personal Injury Attorney | Scoop.it
The rise of the shared e-scooters in cities has also brought safety fears and injury-related lawsuits. What happens when a new mobility mode meets the American legal system?

Via Steven M. Sweat
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Steven M. Sweat's curator insight, January 14, 7:06 PM

Great article here which summarizes the complex legal liability issues involved with the electric scooter craze that has taken over Los Angeles. 

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Need New RI Personal Injury Lawyer, Prior Attorney Paid?

Need New RI Personal Injury Lawyer, Prior Attorney Paid? | Rhode Island Personal Injury Attorney | Scoop.it
Unhappy with your RI Personal Injury Lawyer? CALL Rhode Island personal injury attorney, David Slepkow 401-437-1100. Providence car and vehicle accidents.
David Slepkow's insight:

If I Need A New RI Personal Injury Lawyer, will Prior Accident Attorney be Paid?

RI personal injury lawyer

A RI personal injury lawyer answers several frequently asked questions concerning the law relating to a client firing an inept, disappointing and ineffective automobile crash lawyer. An injured victim is entitled to the best personal injury lawyer in Rhode Island to represent him in a RI tort, workers compensation or slip and fall claim.

Does the seriously injured person have the right to obtain a new RI car crash lawyer?

Does the injured victim have the right to obtain a new RI car attorney if an injured victim is disappointing with a RI injury lawyer, who is representing the claimant in a negligence cause of action? Pursuant to Rhode Island legal ethics laws, a client has the right to obtain a new personal injury lawyer at any time during the legal representation. The client is actually the owner of the vast majority of the legal file. The prior Rhode Island car accident lawyer must turn over nearly all of the negligence legal file to the new attorneys.

If I obtain a new RI personal injury lawyer, who is liable to compensate the prior discharged liability attorney?

Your prior  lawyer  may assert a ‘statutory lien’ against your car wreck,  RI premises liability claim, slip and fall or trucking accident cause of action. Once there is a settlement with the tortfeasor and the liability and indemnity insurance company forwards your new injury lawyer the settlement funds, then the Rhode Island attorneys will sort out what is fair compensation for the lawyer you fired.  The client is not required to compensate the prior attorney out of their own funds. When your RI car crash lawsuit or claim is settled or when your RI personal injury lawyer receives the settlement cash as a result of a verdict after a trial in Providence Superior Court or after a settlement, the old and the new lawyer will equitably divide the settlement funds.

It does not cost the injured victim anything additional as a result of retaining a new RI personal injury lawyer. The Providence lawyers involved must come to an agreement as to the ‘cut’ received by the attorney. If the injured victim retains new counsel, then the attorneys will split the Thirty Three Percent contingency fee. Most automobile accident and other negligence and liability claims such as motor vehicle accidents are litigated on a contingency fee basis. This means in which the RI car accident lawyer agrees to take a third of the settlement obtained by the victim. If the injured victim hires a new personal injury lawyer, then the attorneys will split the (33%).

What types of personal injury and negligence claims are handled on a contingency fee basis?

Premises liability, trip and fall, motor vehicle accidents, slip and fall truck accidents, motorcycle accidents, wrongful death, bicycle accidents etc.

What do I do if the lawyer I fired  and the new attorney are squabbling over fees in a nasty fee dispute?

If the lawyers are fighting over their cut of the settlement and cannot agree on how to divide the lawyer’s fees then they can submit the dispute to the Rhode Island Bar Association fee dispute arbitration. Otherwise, the RI personal injury lawyers can litigate. It is not the victim’s concern how the tort attorneys divide the auto crash attorney’s fees because there is no additional expense or cost to obtain a new lawyer! If the old and new lawyer are warring over the division of the lawyer’s fee, they must still hand over the victim’s share of the cash to the injured victim prior to the resolution of the feud.

“The index to all ethics opinions issued by the Professional Ethics Committee of the Supreme Court of Texas last appeared in the December 1994 issue of the Texas Bar Journal. The following is an updated index of opinions published to date and is current through Opinion 651 (February 2016).” TEXAS ETHICS REPORTER  https://www.law.uh.edu/libraries/ethics/opinions/ethicssubjectindexb.html

For other legal articles by David Slepkow, please go here

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GM ignition switch lawsuit / recall causing death & catastrophic injury – Defects Lawyer

GM ignition switch lawsuit / recall causing death & catastrophic injury – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkow's insight:
Many victims allege that General Motors put profits ahead of human safety and endangered the lives of countless innocent motorists by failing to issue a recall for defective ignition switches. GM paid $900 million dollars to the United States as part of a Deferred Prosecution Agreement. They were admittedly in violation of the TREAD Act (Transportation Recall Enhancement, Accountability and Documentation Act), a Federal statute that requires automotive manufacturers to act with due diligence in notifying dealers, owners, and prospective buyers of the defect. GM employees submitted documents to Congress that proved that they knew about the defects in nearly 30 million recalled vehicles as far back as 2005. The congressional documents prove that they even held meetings in 2005 to discuss the problem but decided a recall would be too expensive. It is estimated that it would have cost GM as little as 57 cents per vehicle to issue a recall in 2005 when they admitted knowledge of the problem.
 
  • Gm Ignition defects recall
  • GM Recall
  • Ignition Switch defect

GM Settlement  | Catastrophic Injuries related to GM Ignition Defects Recalls

To date, more than 124 wrongful death cases have been compensated and settled. Despite the high degree of culpability, over 90 percent of the claims filed for compensation by individual motorists were rejected. Only 399 of the most serious injuries that involved amputation, severe burns, brain damage, and hospitalization were compensated.

Types of Accidents Eligible for Compensation | General Motors

If you were ever injured in a GM vehicle that was manufactured within the last 10 years, it may be one of the 30 million vehicles with faulty ignition switch defects. If the front airbags failed to deploy or the vehicle suddenly lost power, the accidents could be traced directly to the faulty ignition switches. At first, the cases were limited to those where the airbags had failed or a head-on collision resulted. Other cases demonstrated that the engine suddenly shutting off also caused accidents related to hydroplaning, braking, and steering. Power brakes rely upon the vacuum pressure produced by the engine to function. Power steering is powered by a hydraulic pump that is driven by the engine through a system of belts and pulleys.

This may have been a case of planned obsolescence that backfired. GM may have intentionally engineered the stability of the switch to fail by designing it below its own standard operating guidelines. Planned obsolescence is a common trend in the automotive industry. The ignition switch was held into place after startup by an “ignition switch detent plunger” that failed to maintain the sufficient mechanical resistance needed to prevent accidental disengagement. It could theoretically vibrate loose on a rough road, in harsh weather, an accident, or when sudden braking is required most.

GM Vehicles Recalled

The list of recalled vehicles that they continued to produce with defective switches, from earliest to latest ranges:

• Chevrolet Malibu (1997–2005)
• Oldsmobile Intrique (1998–2002)
• Oldsmobile Alero (1999–2004)
• Pontiac Grand Am (1999–2005)
• Cadillac Deville (2000–2005)
• Chevrolet Monte Carlo (2000–2007)
• Chevrolet Impala (2000–2014)
• Saturn Vue (2002–2004)
• Cadillac CTS (2003–2014)
• Buick Regal GS (2004–2005)
• Buick Regal LS (2004–2005)
• Cadillac SRX (2004–2006)
• Cadillac SRX (2004–2006)
• Pontiac Grand Prix (2004–2008)
• Cadillac DTS (2004–2011)
• Buick Allure (2005–2009)
• Buick LaCrosse (2005–2009)
• Daewoo G2X (2007–2009)
• Opel GT (2007–2010)
• Vauxhall GT (2007–2010)
• Pontiac G8 (2008 – 2009)
• Chevrolet Camaro (2010–2014)
• Chevrolet Caprice (2011 – 2013)
• Buick Lucerne (all)
• Chevrolet Cobalt (all)
• Chevrolet HHR (all)
• Pontiac G5 (all)
• Pontiac Pursuit (all)
• Pontiac Solstice (all)
• Saturn Ion (all)
• Saturn Sky (all)

An ongoing problem exists because recall repairs are not being carried out by a majority of owners. It is difficult for owners to pay attention to notifications they may receive by mail. This may have been part of the GM strategy in waiting for a large amount of time to pass because fewer owners would be alerted of the recalls. Most owners only pay attention to recalls when their vehicles are still under warranty and they are already at the dealership for mandated factory service. If the dealership alerts them while they are there, that is about the only time they carry out recall repairs. This means that there are still many unsafe vehicles on the roads endangering the public.

Compensation, GM ignition switch lawsuit

The trend for compensation in the GM class action lawsuit settlement case appears to be based upon documented serious injuries that are intrinsically linked to the ignition switch. A number of claims may have already been litigated through insurance companies and settled. These cases may be liable for compensation even if the settlement would open issues previously litigated based on the discovery of new evidence and fraud theories. Wrongful death claim compensation starts at $1 million.

If you believe you were injured in one of these ignition-related incidents, time is of the essence. It is important to contact an accident attorney who specializes specifically in GM ignition recall litigation. It is important to reconstruct the accident with expert testimony (in many cases) and to document the full extent of your injuries for maximum compensation. Damages are available to compensate victims for wrongful death, loss of consortium, pain and suffering, loss of income due to injury, disability, quality of life issues, and property damage. General Motors has already admitted fault that makes them liable when your case fits within the class of accidents recognized.

Hold GM Accountable for Commercial Nihilism

When you file a claim against GM, you hold them accountable and create a stronger incentive for the manufacturer to put people before profits. No matter what type of accident you may have suffered in a GM vehicle, you should always discuss the case with an attorney. Never speak with the insurance adjusters on your own. Their job is to elicit information that diminishes your compensation, even in the most cut and dry cases. Their factual accounts of what you told them can be misrepresented and used to bar suit against the insurance company and GM.

If your vehicle is one of the 30 million recalled, please act quickly to have the ignition switch replaced at the dealership. Recalls are carried out free of charge.

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Defective Medical Device Attorney – Defects Lawyer

Defective Medical Device Attorney – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkow's insight:

Defective Medical Device Attorney

An overview of Product Liability Lawsuits for Defective Medical Devices

Persons that have suffered injury or harm from various products have legal recourse for their injuries. Simply stated, products cannot be manufactured or designed in a manner that causes harm to others and, if they are, those responsible may be held to account. This holds true when one is injured by a defective medical device. In order to know their legal rights, one needs to have a basic understanding of product liability law and how it applies to medical devices.

 

According to the Restatement (Third) Torts, there are three different theories of recovery for product liability cases. The first is that there was a manufacturing defect. The second is that there was a defect in the design. The third theory is that the manufacturer did not give adequate warnings about the dangers of a product or did not give appropriate instructions on a product’s use. All of these three theories are applicable to injuries caused by medical devices.

 

Product liability law is unique in that there are many different parties that may be sued beyond just the manufacturer. Any defendant who is judged to be “in the stream of commerce” may be found liable in whole or in part for a plaintiff’s injuries. Essentially, anyone who has had any contact with the product or role in selling it prior to the product reaching the doctor can be liable. If the medical device has been purchased from a store, then that store can be sued. However, if you are looking to sue a doctor or hospital for implanting a defective medical device, that suit must be brought as a medical malpractice suit. In the event that multiple parties are found to be liable for the plaintiff’s injuries, it is up to the liable parties to fight it out amongst themselves for the court to figure out who pays how much of the damages.

The first thing that a plaintiff needs to do when suing under a theory of product liability is to show that the product itself was actually defective. Just because a plaintiff was injured by a product does not automatically mean that it was defective. Proving a defect can occur automatically if it is shown that the product either differs from the manufacturer’s “intended result” or that it differs from the manufacturer’s other products. A plaintiff could also show that the manufacturer was negligent. Of course, the plaintiff must show that there has been no change in the product since it left the manufacturer’s possession. In addition, if a plaintiff can show that a product did not perform as safely as an ordinary customer would have expected or if the inherent risk in the design outweighs the benefits, then they can prove a defect.

If a defect can be proven, then the plaintiff must show that the defect was the actual cause of their injuries. It does not matter whether the manufacturer was negligent because the defect is proof enough that the manufacturer has done something wrong. In other words, a defect would ordinarily make a manufacturer strictly liable absent intervening factors. Manufacturers can then try to show that they are not liable notwithstanding any defect. For example, the plaintiff could have misused the product. Alternatively, someone else could have had possession of the product between the time of manufacture or purchase and caused the defect. One particular defense that is applicable to the medical devices area of product liability is that the particular risk of harm was neither known nor knowable in light of the scientific knowledge that was available at the time of manufacture. When a plaintiff is able to recover, damages may include lost wages, pain and suffering, medical bills, compensation for injuries as well as punitive damages.

 

In order to best understand how these theories apply to the medical devices field, it is instructive to focus on several of the major products liability cases in this area. Perhaps the largest medical device litigation of all-time has been the transvaginal mesh litigation. Transvaginal mesh was an implant designed to treat certain pelvic disorders and incontinence among women. However, a large percentage of women who received this medical implant have reported being injured. One of the more prevalent injuries has been the mesh cutting through the skin and causing infection. Many women have required multiple rounds of surgeries to deal with the defective mesh. There are four primary manufacturers of the mesh. Each of them have faced numerous lawsuits. Many of these lawsuits have focused on strict products liability. Other suits have alleged that the product was defective or was not tested appropriately and sufficiently. Finally, these manufacturers have been found liable on the grounds that they did not warn physicians of the inherent risks of these products before they sold the products for use. Multimillion dollar verdicts against the manufacturers in these cases have become commonplace. Boston Scientific has faced the most lawsuits in this area with close to 50,000 suits filed against it.

Another major medical devices products liability suit has been the litigation surrounding hip replacements. The early hip replacements were manufactured from metal. This caused a condition called metallosis, which can cause swelling, pain and possibly blood poisoning. In retrospect, it seems to be a dangerous idea to install a part made of metal into a patient’s body. Metal has been known to be associated with toxicity. Plaintiffs have alleged that these metal hip replacements are defective, and that manufacturers have failed to warn patients about the risks associated with these implants. The manufacturers have been hit with over 100,000 lawsuits. According to Consumer Reports, one manufacturer, DePuy, paid roughly $2.5 billion to settle 7,000 suits related to it’s defective implant.

Oftentimes, these suits ultimately end up being consolidated into a large multi-state class action lawsuit. Potential plaintiffs should monitor news in their case to find out how to either file a suit or join the class of plaintiffs.

Sources and Recommended Reading:

https://lawshelf.com/courseware/entry/liability-and-defenses-to-products-liability
https://www.consumerreports.org/hip-replacement/j-and-j-hip-replacement-lawsuit/
https://www.beckershospitalreview.com/supply-chain/boston-scientific-faces-48k-lawsuits-over-pelvic-mesh-implants-5-things-to-know.html
https://www.legalmatch.com/law-library/article/ultimate-guide-to-product-liability.html

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Asbestos and Mesothelioma Lawsuits and Complications – Defects Lawyer

Asbestos and Mesothelioma Lawsuits and Complications – Defects Lawyer | Rhode Island Personal Injury Attorney | Scoop.it
David Slepkow's insight:

Mesothelioma is a rare form of cancer that affects roughly 3,000 individuals each year in the U.S. According to reports, the form of cancer was linked originally with asbestos building supplies that were used in the construction of factories, mills, and shipyards. However, the asbestos products were also used in constructing residential properties as well. With the growing number of mesothelioma cases by the 1970s, government agencies moved to lower the risks associated with asbestos.

Understanding the Law and Asbestos

In the 1970s, the Clean Air Act and the Toxic Substances Control Act were passed to manage how asbestos was used and to regulate the disposal of the materials. Unfortunately, even with the new laws in place, businesses continued to use asbestos in industrial spaces, and more workers developed the occupational disease and died. This lead to the Asbestos Ban and Phase Out Rule in 1989.

OSHA Regulations and Workers Compensation

 According to OSHA regulations, all industrial spaces where asbestos was used must undergo renovations to remove the building materials and prevent common risks to workers. If the employer failed to comply, OSHA retains the right to take legal action against the employer, and workers can utilize their rights to worker’s compensation coverage and benefits according to federal laws. The laws require the employer to send workers to an ER or urgent care facility for testing if they suspect that the worker has developed the disease. Any evidence of mesothelioma is managed initially through the worker’s compensation claims for the occupational disease.

How Do Workers Develop Mesothelioma?

The asbestos building material is distributed throughout the workplace in the form of dust. Over time, the material wears down and dust falls from it. If renovations or repairs are conducted, workers could be exposed to the dust as they drill into the materials. However, the workers inhale the dust as it spreads through ventilation systems primarily. The prolonged exposure or inhalation of the dust leads to the development of mesothelioma.

Are There Different Types of Mesothelioma?

Yes, there are four different types of mesothelioma. The cancer affects the lungs, heart, abdomen, or testicles. Once the location of the disease is discovered, the doctor establishes if the patient has sarcomatoid, epithelioid, or biphasic forms of the disease. According to statistics, around 75% of mesothelioma cases involve epithelioid cancer cells. 10% of the cases are sarcomatoid, and 40% are biphasic. Pleural mesothelioma affects the lungs, and the form of the disease represents about 75% of the cases reported. Peritoneal or abdomen mesothelioma represents about 20% of the cases. Pericardial or heart-related mesothelioma is about 1% of the cases reported in the U.S.

How is Mesothelioma Diagnosed?

Doctors perform physical examinations to identify the location of tumors. CT scans are used to find tumors within the organ system. Biopsies are used to determine if the tumor is malignant or benign. The process could include aspiration with a fine needle, laparoscopy, thoracotomy, laparotomy, or thoracoscopy. Doctors may also perform an MRI or PET scan to diagnose the patient, too.

Is Mesothelioma a Death Sentence?

Patients who have mesothelioma tumors almost always have malignant tumors. It is rare for the doctors to find a benign tumor when diagnosing the disease. For a majority of patients who are diagnosed, the disease is a death sentence. In very rare cases, the disease responds to traditional cancer treatments, and the patient could survive. Doctors can provide chemotherapy, radiation, and surgical removal of tumors to treat the symptoms of the disease, and patients could prolong their life up to twenty-one months. However, at this time there isn’t a known cure for the disease.

What are Risk Factors for Mesothelioma?

Any workers who work within an environment were asbestos is present are at risk of developing mesothelioma. Their family members that come in direct contact with their clothing or their person are also at risk of exposure to the asbestos dust. It is recommended that the worker remove any work attire that is covered in the asbestos dust before entering their home to lower the risk to their family.

 

The Legal Rights of Workers and Their Family

Workers who aren’t compensated fully by worker’s compensation have the legal right to start an asbestos lawsuit. The legal action is an attempt to collect payments for all medical treatment associated with the treatment of mesothelioma and the collection of wages lost due to the development of the disease. Employers may offer a settlement for the worker due to their diagnosis and prognosis.

If any direct members of the worker’s family develop the disease, the employer is responsible for their medical treatment and may offer a settlement due to their liability. However, in most cases, the family must file a legal claim to try to collect compensation for linked cases of the disease.

If the worker dies as a result of mesothelioma, the family could file a wrongful death lawsuit against the employer or their insurer. The claim could lead to the acquisition of lifetime earnings for the worker. The family could also claim certain tort-based options due to the loss of financial support, loss of companionship for spouses, and mental anguish. An attorney explains which options are available to the family when the claim is started.

Class Action Lawsuits Against the Employer

If multiple workers were exposed to asbestos and developed mesothelioma, an attorney could start a class action lawsuit. Under the circumstances, the attorney works with the patients who are at the greatest risk at the time that the claim is filed. When a high volume of workers develop an occupational disease due to the same employer’s failures, the litigants go to court in groups. They start with individuals who are terminal first and continue down the list of litigants based on their prognosis.

Workers or their family members who have been diagnosed with any form of mesothelioma must act quickly to file a legal claim. The disease is terminal and while it is treatable in some stages, there isn’t a cure. Patients who developed the disease due to the failures of their employers have the right to seek damages. Workers or families who want to start a legal claim are encouraged to contact an attorney right now.

Sources:

https://www.mayoclinic.org/diseases-conditions/mesothelioma/diagnosis-treatment/drc-20375028 
https://www.cancer.net/cancer-types/mesothelioma/statistics 
https://www.asbestos.com/legislation/ban/ 
https://www.mesothelioma.com/treatment/

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Defects Lawyer – Dangerous Drugs & Defective Products Attorney

Defects Lawyer – Dangerous Drugs & Defective Products Attorney | Rhode Island Personal Injury Attorney | Scoop.it
Defects Lawyer – Dangerous Drugs & Defective Products

Defects Lawyer is a website dedicated to the rights of injured victims that suffer at the hands of corporations making profit with defective consumer products, dangerous drugs and more!

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Defects Lawyer – Dangerous Drugs & Defective Products

Defects Lawyer is a website dedicated to the rights of injured victims that suffer at the hands of corporations making profit with defective consumer products, dangerous drugs and more!

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Hernia mesh migration complications

Hernia mesh migration complications | Rhode Island Personal Injury Attorney | Scoop.it
Hernia mesh migration complications.The mesh becomes dislodged & travels to a different part of the abdomen or another area where it’s not intended to go.
David Slepkow's insight:

When a hernia is repaired by surgery, a piece of surgical mesh is often used to keep the intestine or any other internal organ from protruding through a hole caused by a tear in muscle tissue. In most cases, this surgical mesh stays in place for life and causes no problems. WebMD states that using mesh reduces the risk of hernia recurrence. However, in some cases, the mesh can become dislodged and travel to a different part of the abdomen or another area where it’s not intended to go. This problem is known as hernia mesh migration and can result in serious health complications. A hernia mesh attorney or surgical mesh lawyers can offer helpful guidance and assist with taking legal action if this problem occurs.

hernia mesh complications- mesh migration

What Causes Mesh Migration?

Surgical error sometimes causes hernia mesh to migrate if the surgeon failed to secure the mesh in place properly at the time of surgery. Mesh migration can also occur if the mesh shrinks and becomes dislodged. Certain types of mesh materials that were initially thought to be safe have later been recalled because of their tendencies to move out of place more frequently. Mesh migration may happen shortly after surgery or years later. According to Drugwatch, mesh migration is more common in patients who undergo laparoscopic (minimally invasive) hernia surgery than patients who elect for open repairs.

What Are Some of the Health Problems Associated with Mesh Migration?

When mesh moves out of place, it can interfere with different bodily processes and damage organs. Dislodged mesh has been known to puncture organs and entrap nerves, which often results in severe pain  and sometimes chronic pain and requires prompt medical care. If the mesh is no longer in place to keep an organ from protruding, hernia recurrence will be likely. Hernia mesh migration also sometimes results in intestinal obstructionResearchGate reports that the dislodged mesh can even migrate to the urinary bladder in some rare cases.

Mesh Migration Symptoms

Pain and hernia recurrence are two signs that the mesh may have become dislodged. Blood may also be present in the urine if the mesh migrated to the bladder. Mesh migration can additionally result in constipation and the inability to pass gas when the mesh blocks the intestine.

Mesh Recalls

Nationwide recalls have been issued on certain types of mesh that are at greater risk of migrating and considered unsafe. Surgical mesh made from polypropylene has been recalled because of its tendency to migrate and cause other problems for some patients. As the FDA reports, polypropylene mesh has been especially problematic when counterfeit versions of it have been used. The Bard Composix Kugel Mesh Patch was also recalled because of the complications that it caused.

How a Lawyer Can Help

Anyone who undergoes hernia repair surgery should have the reasonable expectation that the mesh that is used will remain in place and never become dislodged. If mesh migration does happen, a lawyer can help obtain monetary compensation either by filing a hernia mesh lawsuit with a court or coming to a settlement agreement after a mesh lawsuit is filed. This compensation may be applied toward:

Additional Medical Care: The costs for additional medical care can be substantial, and an attorney will work to obtain compensation to cover these expenses. The money awarded may be used to pay for any corrective surgeries or pain management treatments that are needed because of the mesh migration.

Lost Wages:  Mesh complications from hernia mesh migration may necessitate missing a lot of work, and the resulting loss of wages can have devastating financial consequences. To recoup these lost work wages, a hernia mesh law firm will try to convince a judge or reach a settlement out of court to obtain compensation for a client.

Punitive Damages: Punitive damages are sometimes awarded in hernia mesh cases to set a precedent and prevent future instances of this problem happening to other patients. This money is awarded in addition to the compensatory damages and is usually paid by the doctors, mesh manufacturers or their insurance companies.

Additional Legal Assistance

In addition to making every attempt to get compensation for a client, a  mesh lawyer will take the time to analyze the case so that no important detail is missed. Hernia mesh migration cases are handled in a timely manner so that clients can work toward moving past their legal challenges and rebuilding their lives. Any witnesses or experts who can provide valuable testimony may also be requested to give statements that can help sufferers of mesh migration get the compensation that they deserve.

Anyone who has been affected by problems associated with hernia mesh migration should contact a  surgical mesh lawyer as soon as possible so that all legal options can be explored.

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Hernia Mesh - Fatalities and Wrongful Death

Hernia Mesh - Fatalities and Wrongful Death | Rhode Island Personal Injury Attorney | Scoop.it
In the most severe cases, hernia mesh complications may result in fatalities or wrongful death due to mesh migration, bowel obstruction & mesh contraction.
David Slepkow's insight:

When a person requires hernia repair surgery, it is expected they will go through a period of recovery before returning to their everyday lives. Unfortunately, there are instances where a person does not get better after hernia surgery, and instead becomes even more ill. In some instances, the patient may suffer from complications after surgery due to hernia mesh that was improperly installed or was defective. The most common complications are adhesioninfection, pain, recurrence, organ perforation, and bowel obstruction. (1) In the most severe cases, these complications may result in fatalities or wrongful death due to mesh migration and mesh contraction. (2) In these cases, it may be possible to be compensated for this terrible situation through a  hernia mesh lawsuit.

Hernia mesh wrongful death lawsuit

FATAL HERNIA MESH COMPLICATIONS

If a patient needs a hernia surgery at a certain site in their body, it becomes more likely another hernia will occur at that same spot in the future. In order to safeguard against this possibility, surgeons performing hernia surgeries often use hernia mesh (which is similar to a net and is made out of either natural or synthetic materials). Once surgery has been completed, hernia mesh is attached to the area around the site where the hernia had been in order to ensure that the organs remain in place after surgery is completed, and to lower the likelihood another hernia will occur. (3)

Even in a successful surgery using hernia mesh, the patient will experience a period of time during which they are in pain after the surgery. If the surgery was a success, however, their pain will gradually diminish, and they will be able to engage in their normal day-to-day routine again. Unfortunately, some patients will experience worsening symptoms—and even death—after hernia surgery due to complications caused by their hernia mesh.

HERNIA MESH- WRONGFUL DEATH

In some cases, the surgical use of coated hernia mesh, such as Atrium C-Qur and PHYSIOMESH, has resulted in adverse post-operative side effects. Coated hernia mesh may cause an infection at the hernia surgery site, ultimately resulting in a loss of life due to sepsis. (4) If the circumstances demonstrate the reason for the infection was the use of coated hernia mesh (or any other inferior material) used by the manufacturer to construct the hernia mesh, it may be possible to bring a lawsuit against the manufacturer for defective design in the production of the mesh. In cases for defective design of a manufacturer’s product, it may be possible to recover compensation in instances of wrongful death due to complications resulting in death caused by a defectively designed hernia mesh.

However, in other cases of hernia mesh wrongful death, the responsible party is not the manufacturer of the medical product, but the surgeon. In these cases, complications after hernia surgery are not because of the design flaw or defect in the mesh itself, but a mistake or error by the surgeon, especially in instances of laparoscopic surgery. This type of surgery requires the surgeon to have specialized skills and training; unfortunately, if the surgeon performing hernia surgery is not well-trained in laparoscopic surgery, they may not properly implant the hernia mesh, leading to further health complications and even death. (5) If this is similar to your case, a lawsuit against the surgeon may allow you recover compensation to which you may be entitled.

A manufacturer of hernia mesh may also face responsibility for their product resulting in a wrongful death where the doctor and patient had not been properly informed about the nature or risks associated with the medical product. In instances where the surgeon or patient were not fully informed of the nature of the hernia mesh, either party may have made a decision that they would not have made if they all of the details. Should it be demonstrated that the manufacture recklessly or intentionally failed to inform the patient or doctor of this essential information, it may be possible to win a lawsuit against the manufacturer.

HERNIA MESH LAWYERS AND WRONGFUL DEATH MESH LAWS FIRMS

If you are dealing with hernia mesh wrongful death, you deserve to have the compensation to which you are entitled. Contact a wrongful death lawyer your earliest possible convenience and the wrongful death attorney will provide you with a complimentary assessment based on the details you provide. Wrongful death as a result of hernia mesh is a terrible ordeal for anyone to endure, and the responsible parties should provide adequate compensation to those they have wronged. Get in touch today to find out if you have a case.

(1)https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/herniasurgicalmesh/default.htm
(2) https://www.meshmedicaldevicenewsdesk.com/ten-deaths-associated-jj-physiomesh-hernia-mesh/
(3) https://www.webmd.com/digestive-disorders/news/20140219/mesh-for-hernia-repair-reduces-recurrence-study-suggests#1
(4) https://www.meshmedicaldevicenewsdesk.com/ten-deaths-associated-jj-physiomesh-hernia-mesh/
(5) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3015269/

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Victims of Hernia Mesh Organ Perforation Seek Justice

Victims of Hernia Mesh Organ Perforation Seek Justice | Rhode Island Personal Injury Attorney | Scoop.it
One of the more common and serious complications of hernia mesh is organ perforation. Contact a hernia mesh law firm to get justice and compensation.
David Slepkow's insight:

There is a surgical implant used to repair hernias known as hernia mesh. This mesh is designed to help support any tissue that could have been damaged by the formation of a hernia. The surgical mesh implant is placed across a gap created by a hernia and connects the surrounding tissue. Some physicians believe the hernia mesh is better than sutures. There is a high rate of hernia recurrence with sutures. Mesh does decrease the rate of hernias recurring, but it can also result in a number of complications ( hernia mesh failure symptoms) including abdominal  mesh  complications. One of the more common and serious complications is organ perforation.  Organ perforation can result from any other the popular hernia mesh brands. Sadly, it can be one of the hernia mesh problems years later. If you have suffered organ perforation as a result of hernia mesh you may be able to file a hernia mesh lawsuit to get justice and compensation.

Hernia mesh organ perforation complications

ORGAN PERFORATION

This occurs when a hole is created in organs and neighboring tissue. According to the Federal Drug Administration (FDA), an organ perforation is one of the most common complications after hernia mesh surgery. It can result from improper surgical techniques as well as improper placement of the mesh. It’s also possible for hernia mesh to fail. The most common reason for organ perforation is defective mesh. After the surgery, the mesh will move and poke a hole in an internal organ and perforate it. When this happens, it is an injury separate from the initial surgery. The organs most often perforated are the blood vessels, bladder, bowels, and urinary tract.

MEDICAL EMERGENCY

Any time an individual experiences an organ perforation, it’s a medical emergency. It is necessary for this person to get immediate medical care. An organ perforation is a life-threatening condition. The sooner a person gets diagnosed and treated, the better their chances for a full recovery.

COMPLICATIONS

Any type of organ perforation is a very serious situation. Should it not be treated immediately, it could lead to serious complications. When an organ is perforated, it can release various substances into a person’s body. Should a person experience a gastrointestinal perforation, it could result in waste being released into their body. Should these substances not be taken out as fast as possible, they can enter a person’s bloodstream. When this happens, it can cause a person to develop sepsis. This could cause a person’s body going into a state of shock. Their blood pressure will drop as their blood flow weakens. It can result in a person losing limbs to eliminate the spread of sepsis. In extreme cases, sepsis can result in death.

SYMPTOMS

The symptoms of mesh failure can begin shortly after hernia surgery or a few months later and longer. A person who has had hernia surgery should immediately seek medical attention if they experience a severe and sudden pain, vomiting and nausea as well as high fever, chills, infection, low blood pressure, diarrhea, bleeding or hemorrhaging or bruising and more.

DIAGNOSIS AND TREATMENT

Should someone who has had hernia repair surgery experience any of these symptoms, they should get immediate medical attention. They should tell the treating physician about their hernia repair surgery. The physician will then conduct a number of different tests. A person will be given a thorough physical exam and could be given a cystography test, blood work, ultrasound test, urine test, CT scan as well as stool testing and more. Should the testing confirm an organ perforation, the type of necessary treatment will then be determined. This could involve a blood transfusion to replace lost blood, surgery to remove the mesh and repair the hernia. Any type of leaked fluids such as feces or urine will be carefully removed from a person’s body. If blood vessels have been ruptured, a cauterization will be performed to seal them. Antibiotics will be administered to deal with any type of infection and more.

OUTLOOK

The recovery period will depend on a number of different factors involved in a victim’s situation. This includes the size of the perforation as well as the amount of time prior to getting it treated. The chances of a full recovery increase significantly with the condition is diagnosed and treated early. There are other factors that could influence a person’s recovery including advanced age, smoking, drug or alcohol abuse as well as other medical conditions like liver or kidney problems, heart disease, being actively treated for cancer and more.

SYMPTOMS OF HERNIA MESH REJECTION

Hernia mesh complications symptoms  as well as hernia mesh failure symptoms are serious matters. Many victims seek information about the following question: what are the symptoms of hernia mesh rejection?

Anyone who has had hernia repair surgery and then had to be treated for an organ perforation will have experienced something that should not have happened. All individuals have a right to expect to have surgery and to recover from it without the procedure causing them additional life-threatening complications. Victims of this have experience damage. They should speak with an attorney. Manufacturers of mesh products found to be defective have been forced to pay victims compensatory damages. An attorney will know how to protect a victim’s rights and get them fair compensation for all the damages they experienced.

REFERENCES

https://www.ncbi.nlm.nih.gov/pubmed/27750295#

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Understanding Hernia Mesh Migration & Mesh Adhesion Complications

Understanding Hernia Mesh Migration & Mesh Adhesion Complications | Rhode Island Personal Injury Attorney | Scoop.it
Surgical mesh is a woven material that looks much like a large celled fabric, made of various types of plastic or natural fibers. Such mesh is used to repair a number of problems in the abdominal region, including organ prolapse (organs, such as the bladder, slipping down into unfavorable positions) and hernia (when an organ, …
David Slepkow's insight:
Surgical mesh is a woven material that looks much like a large celled fabric, made of various types of plastic or natural fibers. Such mesh is used to repair a number of problems in the abdominal region, including organ prolapse (organs, such as the bladder, slipping down into unfavorable positions) and hernia (when an organ, often the intestines, pushes through the wall of the cavity that contains it, often the abdominal muscle wall). These meshes can be dissolving, where the body heals the spot and over the course of time the mesh itself dissolves and is reabsorbed by the body, or they can be permanent, the intention being that scar tissues will grow over the mesh, and the repair will become a permanent part of the body.

 

Hernia surgery adhesion complications | hernia mesh migration symptoms​

 

REPAIRING A HERNIA

One of the most common uses of surgical mesh is to repair incisional hernias – when the muscles of the abdominal wall tear because they have been subject to multiple surgeries, allowing the intestines to push through (Gandhi et al, 2011); in fact, as many as 15% of abdominal surgeries eventually lead to an incisional hernia (Gandhi et al, 2011).

Such hernias can cause pain but are also dangerous because they can lead to complications including strangulation or tearing of the intestine itself. Hernia repair surgeries can be open (a large incision) or laparoscopic (multiples small incisions to allow the use of small tools and a camera). Mesh is used to strengthen the abdominal wall, rather than simply pulling at the intestines with stitches; hernias repaired with mesh represent 90% of hernia surgeries and have a lower hernia recurrence rate than repairs without mesh (FDA, 2018). In addition, the popularity of less invasive laparoscopic surgery has made mesh repairs more common.

Despite their popularity, there are possible complications with mesh repairs. Postoperative complications from both mesh and non-mesh repair includes (FDA, 2018), “pain, infection, hernia recurrence, scar-like tissue that sticks tissues together (adhesion), blockage of the large or small intestine (obstruction), bleeding, abnormal connection between organs, vessels, or intestines (fistula), fluid build-up at the surgical site (seroma [or hematoma]), and a hole in neighboring tissues or organs (perforation).”

Most of these complications happen within hours, days, or weeks of the surgery (Gandhi et al, 2011). But there are also complications that can happen months, years, and perhaps even decades later, including mesh migration and mesh related adhesions (Gandhi et al, 2011).

HERNIA MESH MIGRATION

There are few openly documented cases of mesh migration in published literature, until one medical team encountered a woman who, after two abdominal surgeries, developed an incisional hernia (Gandhi et al, 2011) and later migration. The hernia was repaired through an open surgery, with polypropylene mesh. While this type of mesh has been known to cause complications, including “hematoma and seroma, foreign body reaction, organ injury, infection, mesh rejection, and fistula”, it was commonly used because it encourages the body to make a lot of scar tissue, naturally closing the hernia (Gandhi et al, 2011).

In the case of this woman, all went well, and she had no problems until eight years later, when she began experiencing abdominal pain. Ten years after the hernia surgery, the pain became so intense that it sent her to the emergency room (Gandhi et al, 2011). There, tests revealed that her surgical mesh had migrated (moved) to the cecum, a pouch at the juncture of the small intestine and the large intestine. This was the first mesh migration into the cecum after an open hernia repair ever recorded in the literature (Gandhi et al, 2011). Surgical removal, at the time, was deemed too dangerous, and the patient was sent home to be watched and simply live with the pain.

MESH RELATED ADHESIONS

Adhesions are the formation of connective scar tissue that adhere one organ to another, for instance, as scar tissue forms around the mesh on the abdominal wall, it might adhere to the intestines and begin to grow around it. This can cause immobility in the intestines, blockages, pain and more.

One 2016 study looked at 124 patients who had mesh hernia repair (Langbach et al, 2016). Using an MRI, they found that 20-50% of the patients experienced mesh shrinkage (another possible complication), while a full 60% had adhesions between the abdominal wall and the bowel. According to the study, most of these patients had no bleeding, pain or any symptoms of adhesions, with only 5% reporting pain during normal activities and 13% reporting pain during moderate activity. Surprisingly, reports of pain were actually lower in those who did have adhesions; no reason was given for why this might be true. It is important to note that adhesions can lead to serious bowel obstruction issues, so it is imperative that those who have had mesh repair pay attention to any abdominal symptoms.

KNOW YOUR BODY

Incisional hernias are quite common and using mesh in repair is known to minimize the chance of recurrence (Gandhi et al, 2011). Most hernia surgeons will tell you that mesh is your only viable option and will minimize the possibility of complications. However, complications – such as mesh migration and adhesions – do happen. And when they do, they can be painful, dangerous, and even life altering.

Only you know your body. If you have had hernia repair surgery that used mesh, and you have pain, bleeding, excessive gas or inability to pass gas, tenderness, or other symptoms, seek medical treatment immediately. Be sure to tell them about your past surgery and ensure that they check for complications due to your hernia mesh. Document your pain, document your doctor’s visits, and consider consulting with a  hernia mesh lawyer.

 HERNIA MESH ADHESION

  • hernia mesh adhesions symptoms
  • adhesions after umbilical hernia repair
  • abdominal adhesions symptoms
  • adhesions after inguinal hernia surgery
  • inguinal hernia repair adhesions
  • abdominal adhesions pain relief
  • what do abdominal adhesions feel like
  • abdominal adhesions pictures

HERNIA MESH MIGRATION

“If hernia mesh detaches after surgery, there is a risk it can migrate through the abdomen.It can lead to adhesions, fistulas, abscesses and bowel obstruction or perforation.COMPLICATION REPORTED TO THE FDAAn Ethicon Physiomesh implant detached and migrated. It attached to the patient’s intestine and the skin. Doctors had to remove the mesh and part of the patient’s intestine. Detachment is more likely to happen in laparoscopic (minimally invasive) hernia surgery techniques. Migration may result in excess pain, or it may be symptom-free until it causes more severe damage.” https://www.drugwatch.com/hernia-mesh/complications/

HERNIA MESH REFERENCES

FDA (2018). Hernia surgical mesh implants. Retrieved from, https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/herniasurgicalmesh/default.htm

Gandhi, D., Marcin, S., Xin, Z., Asha, B., Kaswala, D. and Zamir, B. (2011). Chronic abdominal pain secondary to mesh erosion in cecum following incisional hernia repair: a case report and literature review. Annals of Gastroenterology, v24(i4), pp.321-324. Retrieved from, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3959323/

Langbach, O., Holmedal, S.H., Gradal, O.J., and Rokke, O. (2016). Adhesions to mesh after ventral hernia mesh repair are detected by MRI but are not a cause of long term chronic abdominal pain. Gastroenterology Research and Practice, v2016. Retrieved from, https://www.hindawi.com/journals/grp/2016/2631598/

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Multidistrict Litigation in Federal Courts | Hernia mesh & beyond

Multidistrict Litigation in Federal Courts | Hernia mesh & beyond | Rhode Island Personal Injury Attorney | Scoop.it
This legal article by a hernia mesh attorney answers many important question about hernia mesh multidistrict litigation. Many people are researching hernia mesh class actions. Others fear that their case will become part of a hernia mesh class action. However, most victims do not realize that there has never been a hernia mesh class action in …
David Slepkow's insight:
This legal article by a hernia mesh attorney answers many important question about hernia mesh multidistrict litigation. Many people are researching hernia mesh class actions. Others fear that their case will become part of a hernia mesh class action. However, most victims do not realize that there has never been a hernia mesh class action in the United States.
 
Many people get confused between multidistrict litigation and class action lawsuits. This article clarifies what exactly is Multidistrict Litigation. There are currently two multidistrict litigations pending in United States Federal Court: 1) The Atrium C-Qur MDL in New Hampshire and 2) the Physiomesh hernia mesh MDL in the Northern District of Georgia. There is also a proposed MDL for all Bard / Davol cases pending in Federal Courts. (Please note that many Bard Davol hernia mesh cases are being consolidated in RI State Courts. This State Court proceeding is not an MDL because an MDL is a Federal Court statutorily created vehicle)

WHAT IS MULTIDISTRICT LITIGATION?

28 U.S.C. § 1407defines Multidistrict litigation: “When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions. Each action so transferred shall be remanded by the panel at or before the conclusion of such pretrial proceedings to the district from which it was transferred unless it shall have been previously terminated: Provided, however, That the panel may separate any claim, cross-claim, counter-claim, or third-party claim and remand any of such claims before the remainder of the action is remanded.”28 U.S.C. § 1407, http://www.jpml.uscourts.gov/sites/jpml/files/28_usc_1407.pdf , 28 U.S.C. § 2112

COMPLETE LIST OF ALL ACTIVE, CLOSED AND PROPOSED HERNIA MESH MULTIDISTRICT LITIGATION:

 

WHAT IS THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION?

The United States Judicial Panel on Multidistrict Litigation, widely known in legal circles as the “MDL Panel” was established by a congressional act in 1968. The statute that created the panel is 28 U.S.C. §1407. “The job of the Panel is to (1) determine whether civil actions pending in different federal districts involve one or more common questions of fact such that the actions should be transferred to one federal district for coordinated or consolidated pretrial proceedings; and (2) select the judge or judges and court assigned to conduct such proceedings.” http://www.jpml.uscourts.gov/overview-panel-0

THE CENTRAL PURPOSE OF THE TRANSFER OF THE LAWSUITS IS THE CONCEPT OF CENTRALIZATION. THE RATIONALE FOR CENTRALIZATION IS:

  • steer clear of duplicative discovery
  • end variable and inconsistent pretrial decisions, orders and rulings
  • conservation of judicial resources
  • Conservation of litigant resources

The case is sent to the new court for pretrial proceedings such as motions, settlement negotiations and discovery. If the hernia mesh lawsuit cannot be settled or is not dismissed then the case is sent back to the original federal Court for a trial.”Transferred actions not terminated in the transferee district are remanded to their originating transferor districts by the Panel at or before the conclusion of centralized pretrial proceedings.” http://www.jpml.uscourts.gov/overview-panel-0

A small amount of mesh lawsuits are not transferred back to the original Court for trial because those lawsuits are designated as bellwether trials. Please review this surgical mesh lawsuit article for a detailed description of bellwether trials.

WHERE IS THE LOCATION OF THE PANEL AND HOW TO CONTACT

They are located at Thurgood Marshall Federal Judiciary Building, One Columbus Circle, NE Room G-255, North Lobby Washington, DC 20544-0005. Clerk’s Office:  202-502-2800 Jeffery N. Lüthi Clerk of the Panel (202) 502-2888 (Fax)

HERE IS THE CURRENT JUDICIAL ROSTER:

The JPML features seven distinguished Federal Court Judges. These distinguished jurists are selected to be on the Panel by the Chief Justice of the United States. The laws indicates that two federal court judges from the same circuit may not be on the panel together.

  •  Judge Sarah S. Vance  (chair), the Eastern District of Louisiana.
  •  Marjorie O. Rendell (C.A. Third Circuit),
  • Charles R. Breyer (N.D. California),
  • Lewis A. Kaplan (S.D. New York),
  • Ellen Segal Huvelle (D. District of Columbia),
  • R. David Proctor (N.D. Alabama),
  • Catherine D. Perry (E.D. Missouri).

WHAT DOES THE JPML DO?

The Judicial panel on Multidistrict Litigation (JPML), determines if hernia mesh lawsuits and other lawsuits should be consolidated into an MDL. The high powered panel also decides where the concerned cases should be transferred, appropriately. Furthermore, it enhances active processing of cases involving a large number of lawsuits in distinct federal courts amounting to dozens, hundreds or perhaps thousands of cases.The transferor is a court that sends claims subject to multidistrict litigation to another court, the transferee, for discovery and pre-trial proceedings. The cases must be sent back to the transferor court for a trial on the merits. All litigants in an MDL have the right to their own attorney.

WHAT ARE THE RULES AND ORDERS FOR THE JPML?

TYPES OF CASES TYPICALLY CONSOLIDATED INTO MULTIDISTRICT LITIGATION:

  • Airplane collisions
  • train crashes
  • mass torts
  • motel and hotel fires
  • asbestos claims
  • drug litigation
  • security breaches involving data
  • hernia mesh lawsuits
  • securities fraud

WHAT IS A BELLWEATHER TRIAL AND WHY IS IT IMPORTANT?

“Bellwether trials may provide useful information to the parties regarding the likely outcome of other cases at trial, such as: (a) how well or poorly the parties’ fact and expert witnesses perform in a trial setting; and (b) decisions on key legal issues and the admissibility of key evidence. As recognized by the Manual for Complex Litigation, the purpose of bellwether trials is to “produce a sufficient number of representative verdicts” to “enable the parties and the court to determine the nature and strength of the claims, whether they can be fairly developed and litigated on a group basis, and what range of values the cases may have if resolution is attempted on a group basis.”1 As such, the bellwether process will be valuable only if the cases selected for trial are truly representative of the whole (or of one or more distinct categories of cases that comprise the whole).”   Duke Judicial Studies

“Bellwether” or test cases focused upon individual claims can be an important casemanagement tool in an MDL proceeding involving numerous individual claims. As one judge noted, a bellwether is the first sheep ─ and that is the role we should keep in mind in thinking through bellwether cases. How well or poorly would these facts work before a jury? How good are the experts? Is the key evidence admissible? These types of questions will drive the outcomes in motion practice and trial ─ and in the shadow of those expectations, the settlement values reached if settlement is to occur. It is important for the parties and court to know how the cases will fare. Id 

“But that also means obtaining a sufficient number of outcomes to provide guidance, given the variety of fact patterns, claims, and defenses anticipated. In asbestos, the first ten verdicts were for the defense; but that was not indicative of the overall trend of the litigation. The case management plan should provide for a sufficient number of cases that early outliers (in either direction) can be identified as such, and the true path of litigation discerned to the maximum extent possible.”   https://judicialstudies.duke.edu/sites/default/files/centers/judicialstudies/panel_5-bellwether_trials.pdf“1 MCL § 22.315 (2004); see also In re Hydroxycut Mktg. & Sales Practices Litig., No. 09-md-2087 BTM(KSC), 2012 U.S. Dist. LEXIS 118980, at *56 (S.D. Cal. Aug. 21, 2012) (“The bellwether cases should be representative cases that will best produce information regarding value ascertainment for settlement purposes or to answer causation or liability issues common to the universe of plaintiffs.”) Only when a “representative . . . range of cases” is selected may “individual trials . . . produce reliable information about other mass tort cases.” MCL § 22.315; In re Yasmin & Yaz (Drospirenone) Mktg., Sales Practices & Prods. Liab. Litig., MDL No. 2100, 2010 U.S. Dist. LEXIS 108107, at *4, *6-7 (S.D. Ill. Oct. 8, 2010) (it is “critical to a successful bellwether plan that an honest representative sampling of cases be achieved” because “[l]ittle credibility will be attached to this process, and it will be a waste of everyone’s time and resources, if cases are selected which do not accurately reflect the run-of-the-mill case”); Eldon E. Fallon, et al., Bellwether Trials In Multidistrict Litigation, 82 Tul. L. Rev. 2323, 2343 (2008). (“the trial selection process should . . . illustrate the likelihood of success and measure of damages of all cases in the litigation and [a]ny trial-selection process that strays from this path will likely resolve only a few independent cases and have a limited global impact”). Id.

THE KUGEL PATCH BELLWETHER TRIALS

In the Kugel Mesh Hernia Repair Patch Multidistrict litigation (now closed), the  Federal Court set up a series of bellwether trials. Here are the results of the two hernia mesh bellwether trials which actually occurred: 

1st Bellwether Trial:  The first Kugel Patch MDL trial Ended with a defense verdict. Hernia mesh attorneys representing the victim lost the first hernia mesh belllwether trial. “PROVIDENCE, R.I. — (Mealey’s) The first bellwether trial involving the Kugel surgical mesh patch ended in a defense verdict on April 14 when a Rhode Island federal jury found that the plaintiff had not proven that his injuries were directly caused by or contributed to by negligent design of the device (In Re:  Kugel Mesh Hernia Patch Litigation, MDL Docket No. 1842, No. 07-1842; John Whitfield v. Davol, Inc., et al., No. 07-1918, D. R.I.). A nine-member jury in the U.S. District Court for the District of Rhode Island, where the Kugel mesh hernia patch multidistrict litigation was centralized, found that plaintiff John Whitfield did not prove that the CK (Composix Kugel) patch was defectively designed or inadequately labeled or that defendants C.R. Bard Inc. and subsidiary Davol Inc. were negligent in labeling the device. Lexis Nexis  

2nd Bellweather trial:  Hernia mesh attorneys win 1.5 million verdict! “PROVIDENCE, R.I. – (Mealey’s) The second Kugel surgical patch bellwether trial went to the plaintiff Aug. 23 when a Rhode Island federal court jury awarded $1.5 million to a man who claims that the device caused him internal injuries (In Re:  Kugel Mesh Hernia Patch Litigation, MDL Docket No. 1842, No. 07-1842, Christopher Thorpe v. C.R. Bard, Inc., et al., No. 08-463, D. R.I.).” Plaintiff Awarded $1.5 Million In Second Bellwether Trial In Kugel Hernia Patch MDLA jury in the U.S. District Court for the District of Rhode Island, where the Kugel multidistrict litigation is centralized, found that manufacturing defendants Davol Inc. and C.R. Bard Inc. inadequately designed the Kugel patch and failed to warn plaintiff Christopher Thorpe or his doctor that the device could fail.  The jury awarded Thorpe $1.3 million and his wife, Laure Thorpe, $200,000 for loss of consortium. “” https://www.aboutlawsuits.com/settlements-kugel-hernia-mesh-problems-19474/  https://www.lexisnexis.com/legalnewsroom/litigation/b/litigation-blog/archive/2010/08/23/plaintiff-awarded-1-5-million-in-second-bellwether-trial-in-kugel-hernia-patch-mdl.aspx?Redirected=true

HISTORY OF MDL

The first large-scale complex case to engulf the federal judiciary was an antitrust case. There was an enormous antitrust scandal in the early 1960s in the United States electrical equipment industry. Litigants and lawyers filed 1912 separate lawsuits. As a result, there was  25,714 claims related to 20 products. These lawsuits were filed in 36 distinct and different federal judicial districts. In January 1962, a  co-coordinating committee for multi litigation for the United States districts courts was chosen by Earl Warren, the then chief justice. Alfred P. Murrah, who by then was the chief judge of the tenth circuit, was the chair of the committee. National depositions and document depositories were among the ad hoc procedures that the committee took as emerging issues and acted upon them.

Through careful management of the cases, termination of the electrical equipment litigation was possible by March 1967. During their working, the committee was able to acknowledge that complex similar litigation cases were becoming rampant. Federal courts were mostly affected by this. To curb the issue, in March 1964 they proposed the enactment of formal statutory foundation to solve the matter. As a result, the action led to the passage of the multidistrict litigation statute. Formation of JPML also followed as a permanent substitute for the committee.

One contradicting aspect of the multidistrict litigation statute is that it does not give the transferee court any discretion as to whether the lawsuits will be remanded for trial back to the transferee court. This is the case, even if both Courts (transferee and transferor) desire to keep the case for a trial at the transferee court. Familiarization of the issues is, however, attained by the transferee Court by the time the case reaches the trial stage. This includes their parties and hernia mesh attorneys.

As a result, the transferor court must be regularly updating itself with the happenings of the facts at the multidistrict litigation. This led  the judiciary panel on multidistrict litigation to create a court rule. The law allowed the transferee to conduct a trial itself if it wished to do so. This rule was later abolished by the United States Supreme Court in 1998. It claimed that the plain language of the MDL had to have remand back for trial at the transferor. The amendment of the MDL statute by the Congress has not yet been done to resolve the matter.

ADVANTAGES OF AN MDL

Some of the advantages of an MDL include efficiency and cost-effectiveness. Litigating hernia mesh lawsuits in a single court ruling means the the defendant and victims can expect more consistency. If a multidistrict litigation claim is not solved, it is sent back for a trial. Also, an MDL saves time generally associated with regular litigation. Cases filed and procedures followed in an MDL saves time as opposed to each lawsuit being determined separably.

Cost-effectiveness is  an essential element of a MDL. A MDL levels the playing field so individual victims can get their day in Court. Some hernia mesh lawsuits are too expensive for individual victims to take on large billion dollar institutions.

One contradicting aspect of the multidistrict litigation statute is that it does not give the  court any discretion as to the decision whether or not to remand the mesh lawsuit for trial. This is despite both courts desiring to keep the case for a retrial at the MDL Court. Familiarization of the issues is attained by the MDL Court by the time the hernia mesh lawsuit reaches the trial stage. This led to the judiciary panel on multidistrict litigation to create a court rule. The rule allowed the MDL Court to conduct a trial itself if it wished to do so. This rule was later abolished by the United States Supreme Court in 1998.

References
https://www.levinsimes.com/wp-content/uploads/2016/01/Abrams_Multidistrict-Litigation-consolidation_Pros-and-cons_Plaintiff-magazine.pdf
http://www.rotlaw.com/legal-library/what-is-multidistrict-litigation/

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Ventrio Hernia mesh lawsuit law firm | Ventrio mesh settlement 2018?

Ventrio Hernia mesh lawsuit law firm | Ventrio mesh settlement 2018? | Rhode Island Personal Injury Attorney | Scoop.it
If you have suffered an injury or pain and suffering as a result of Ventrio hernia mesh, you should consider filing a Ventrio surgical mesh lawsuit. A Ventrio hernia mesh lawsuit will pave the way top a potential Ventrio hernia mesh settlement 2018. Bard / Davol Ventrio ST Mesh Lawsuits Surgical mesh is a screen-like …
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f you have suffered an injury or pain and suffering as a result of Ventrio hernia mesh, you should consider filing a Ventrio surgical mesh lawsuit. A Ventrio hernia mesh lawsuit will pave the way top a potential Ventrio hernia mesh settlement 2018.

BARD / DAVOL VENTRIO ST MESH LAWSUITS

Surgical mesh is a screen-like medical device that reinforces bone or tissue. Surgical mesh has been used in tens of thousands of surgeries in the United States for everything from pelvic organ prolapse to hernia repair. Mesh has been used to treat hernias alone since the 1950s, according to the FDA. This mesh is designed to be permanently implanted to reinforce a weakened abdominal wall. Many complications have been reported with recalled surgical mesh products that have since been recalled from the market.

C.R. Bard, Inc. is one of several manufacturers facing hernia mesh lawsuits alleging it failed to warn patients and physicians about the risks from its hernia mesh hernia patches. If you were injured after hernia repair with Bard Ventrio ST mesh, you may have a claim for damages.It is not necessary that your hernia mesh be recalled or subject to a recall in order to file a hernia mesh lawsuit

HERNIAS AND SURGICAL REPAIR | VENTRIO HERNIA MESH LAWSUIT

A hernia happens when fatty tissue, an organ, or intestine prolapses through a weak spot or hole in surrounding connective tissue or muscle. Hernias may look like an external bulge when straining. Hernias can occur in many areas of the body:

  • Inguinal in the inner groin
  • Umbilical at the belly button
  • Femoral at the upper thigh
  • Ventral in the general abdominal wall
  • Incisional through an incision in the abdomen
  • Hiatal inside the abdomen at the upper stomach

Every year, more than 1 million hernia repair surgeries are performed every year in the United States. Open repair is sometimes performed but most repairs are done laparoscopically through a small incision. Because hernias have a high rate of recurrence, hernia mesh is often used to reinforce the weak area.

WHAT IS VENTRIO ST MESH?

The Ventrio ST patch is surgical mesh designed to reinforce weakened tissue that allows an organ to bulge and cause a hernia. This patch is manufactured by Davol Inc., a subsidiary of Bard, Inc. The Ventrio ST patch is an oval-shaped patch made from polypropylene mesh with woven monofilament fibers. The patch is used to laparoscopically repair hernias in multiple locations in the body.

The Ventrio ST is one of several mesh products Davol produces uses its Sepra technology, a hydrogel barrier on one side of the mesh that is designed to reduce tissue attachment to the mesh for protection while the body heals. Initially, after the mesh is placed, the hydrogel barrier swells but is reabsorbed within 30 days.

Many victims are seeking the best hernia mesh laws firms to file a Ventrio hernia mesh lawsuit. Victims hope that their Ventrio mesh lawsuit will result in a Ventrio settlement 2018 or a Ventrio hernia mesh settlement 2019.

FDA 501(K) PATHWAY AND BARD MESH | VENTRIO MESH LAWSUIT

Hernia mesh products produced by Bard are Class II devices which indicate they have more than a minimal potential for harm and are “substantially equivalent” to a device previously approved by the FDA in characteristics and intended use. This means Bard surgical mesh intended for hernia repair did not go through an extensive FDA approval process necessary for Class III devices. Instead, the surgical mesh went through a shorter Premarket Notification Program.

To begin marketing a Class II device, Bard had to demonstrate that its mesh was at least as safe and effective and mostly equivalent to similar devices the FDA approved in the past. This streamlined 501(k) process does not require that the manufacturer prove the product is safe for its intended use.

Post-approval, the FDA has advised consumers that adverse events are possible as a result of using hernia surgical mesh products after receiving many complaints about hernia mesh. The most common adverse events include hernia recurrence, adhesion, infection, pain, and bowel obstruction.

VENTRIO ST MESH INJURIES

Bard has faced many lawsuits alleging its hernia repair mesh is defective and unreasonably dangerous. One lawsuit filed by a Tennessee woman alleges she was implanted with Bard mesh months before a recall over a risk that authentic product was mixed with counterfeit product. After her surgery, she suffered injuries and deformity that included infection, hernia recurrence, pain, adhesion, bowel perforation, and obstruction. She also had to undergo several surgeries to find and remove the recalled Bard mesh and repair the tissue.

Many people who have undergone hernia repair surgery using a Bard Ventrio ST patch have experienced complications that have led to additional treatment, pain, and sometimes additional surgery. The most common injuries associated with Bard Ventrio ST mesh include the following.

PAIN

A common complication of Ventrio ST hernia mesh is postoperative pain. For some people, this develops into chronic and debilitating pain that interferes with daily activities.

INFECTION

Many people have suffered an infection after having a Bard hernia mesh implanted. Sometimes antibiotics are enough to clear up the infection but sometimes infection is severe enough that it requires additional surgery.

ADHESION

An adhesion is thick scar tissue that sticks to organs and may cause pain and the need for corrective surgery.

MESH SHRINKAGE

Ventrio ST mesh is made from polypropylene, a type of plastic that tends to shrink or contract over time. When the mesh shrinks, it can become detached from the underlying tissue and cause a hernia recurrence, mesh migration, or other serious complications.

MESH BREAKAGE

Sometimes the Bard hernia mesh breaks, particularly near the edges, which can cause a hernia recurrence and other complications.

MESH EROSION

Erosion happens when the polypropylene breaks down through surrounding tissue. Erosion can be very painful and lead to perforation of organs, infection, and corrective surgery.

MESH MIGRATION

Many patients have experienced mesh migration with the Ventrio ST patch. This happens when the mesh migrates out of position or to another area of the body. This can lead to hernia recurrence, perforation of organs, erosion, and other serious complications that require surgical intervention.

BARD MESH SETTLEMENTS | VENTRIO SETTLEMENT 2018?

Bard has settled thousands of lawsuits in the last decade related to its mesh failures. In 2015, Bard settled 2,970 lawsuits related to hernia mesh based on a claim filed by a woman who was implanted with the company’s transvaginal mesh product. The mesh allegedly did not provide relief but instead caused bleeding, infection, pain, and the need for several corrective surgeries. This case resulted in a final settlement of $119 million.

Bard paid out a settlement of $200 million in the same year to settle 3,000 claims with each plaintiff receiving about $67,000 due to complications from hernia mesh surgery. An earlier settlement came in a 2011 case in which Bard settled 2,600 cases in Rhode Island for $184 million.

References:
https://www.fda.gov/downloads/medicaldevices/safety/alertsandnotices/ucm262760.pdf
https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/DeviceApprovalsandClearances/510kClearances/
https://my.clevelandclinic.org/health/articles/16298-surgical-mesh-use-and-complications-in-women
https://www.aboutlawsuits.com/monofilament-mesh-lawsuit-127916/

 
 

 

ALL RIGHTS RESERVED © 2018 · HERNIA MESH ATTORNEY · E&OE

ATTORNEY DAVID SLEPKOW AT SLEPKOW SLEPKOW & ASSOCIATES INC., ESTABLISHED IN 1932, IS RESPONSIBLE FOR THE CONTENT OF THIS WEBSITE. SS &A’ S PRINCIPAL OFFICE IS LOCATED AT: 1481 WAMPANOAG TRAIL EAST PROVIDENCE RI. CLIENTS WILL BE NOT ACCEPTED IN THOSE STATES IN WHICH STATE BAR RULES DO NOT ALLOW. DAVID IS LICENSED TO PRACTICE LAW IN RHODE ISLAND AND PROVIDENCE PLANTATIONS, THE COMMONWEALTH OF MASSACHUSETTS AND THE UNITED STATES SUPREME COURT. DAVID SLEPKOW WAS A LONGTIME MEMBER OF THE FEDERAL COURT FIRST CIRCUIT DISTRICT OF RI. THE HIRING OF AN LICENSED ATTORNEY IS A VERY CRUCIAL DECISION FOR A CLIENT. THIS IMPORTANT DECISION SHOULD NOT BE SOLELY MADE BASED ON ADVERTISING OR ON A WEBSITE. THIS WEBSITE IS NOT INTENDED TO BE AN ADVERTISEMENT OR SOLICITATION. INFORMATION, ARTICLES, CONTENT AND OPINIONS ON THIS WEBSITE AND BLOG IS FOR GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE OR SOLICITATION OF LEGAL SERVICES. INFORMATION FROM THIS SITE OR IT’S TRANSMISSION IS NOT INTENDED TO CREATE AN ATTORNEY CLIENT RELATIONSHIP. THE RECEIPT OF SUCH HERNIA MESH INFORMATION DOES NOT CONSTITUTE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN SLEPKOW SLEPKOW & ASSOCIATES INC. AND THE READER OR VISITOR. IN THE EVENT THAT ANY INFORMATION ON THIS WEBSITE DOES NOT FULLY CONFORM TO REGULATIONS, LAWS OR CASE LAW IN ANY JURISDICTION, THIS LAW FIRM WILL NOT ACCEPT SUCH CLIENTS.. IN CERTAIN STATES THIS HERNIA MESH ATTORNEY BLOG MAY BE DEEMED ATTORNEY ADVERTISING. WE AT SLEPKOW SLEPKOW ASSOCIATE’S INC..HAVE MADE EVERY EFFORT TO COMPLY WITH ALL ADVERTISING LAWS AND RULES. THE RHODE ISLAND SUPREME COURT LICENSES ALL LAWYERS AND ATTORNEYS IN THE GENERAL PRACTICE OF LAW, BUT DOES NOT LICENSE OR CERTIFY ANY LAWYER / ATTORNEY AS AN EXPERT OR SPECIALIST IN ANY FIELD OF PRACTICE. WHILE THIS FIRM MAINTAINS JOINT RESPONSIBILITY, MOST CASES OF THIS TYPE ARE REFERRED TO OTHER ATTORNEYS FOR PRINCIPLE RESPONSIBILITY

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What Rights Do You Have if You Get Let Go From Your Job After 50 Years Old?

What Rights Do You Have if You Get Let Go From Your Job After 50 Years Old? | Rhode Island Personal Injury Attorney | Scoop.it
Free Consultation - Call (866) 966-5240 - Steven M. Sweat is dedicated to providing our clients with legal services in Employment Discrimination and Harassment cases. What Rights Do You Have if You Get Let Go From Your Job After 50 Years Old? - Los Angeles Employment Discrimination Lawyer

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Blood Poisoning - Sepsis & Septic Shock from Hernia Mesh

Blood Poisoning - Sepsis & Septic Shock from Hernia Mesh | Rhode Island Personal Injury Attorney | Scoop.it
Hernia mesh has proven to be dangerous on a number of fronts. In addition to allergic reactions that patients could have and shifting of the hernia mesh, the composition and makeup of the mesh can cause poisoning. Specifically, the mesh can cause bacteria to enter the blood. The presence of bacteria can cause an infection …
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Hernia mesh has proven to be dangerous on a number of fronts. In addition to allergic reactions that patients could have and shifting of the hernia mesh, the composition and makeup of the mesh can cause poisoning. Specifically, the mesh can cause bacteria to enter the blood. The presence of bacteria can cause an infection which can lead to progressively worse problems such as sepsis, septic shock, and even death. If you have had hernia surgery with mesh implanted and have experienced a post-operative infection, it is vital that you contact a hernia mesh lawyer immediately to learn your legal rights.

WHAT IS HERNIA MESH USED FOR?

There are several different types of hernias as well as ways to repair the hernia. When a patient has a hernia, the muscles are protruding through a weakness in the muscle wall. In the past, the most prevalent way of fixing a hernia was to directly sow the hole. This led to a lengthier recovery time from the surgery. Hernia mesh became an alternative to this type of surgery. Instead of sewing the hole closed, surgeons would sew hernia mesh over the hole. There are some benefits to the use of mesh, primarily that the rate of recurrence of the hernia is lower than in surgeries where the hole is sowed shut.

The outcome after the mesh was implanted depended on the type of mesh. Certain meshes are biological and are degradable. When these types of meshes are used, healthy tissue grows around it as the mesh disintegrates. Other types of meshes are more permanent. Healthy tissue will still grow, but the mesh will remain in the body covering the hole. This type of mesh needs to remain strong and intact in order to perform its intended function.

WHAT ARE THE DIFFERENT TYPES OF MESH?

The most prevalent type of surgical mesh is made out of a type of plastic and does not disintegrate. This material is called polypropylene. Hernia mesh manufacturers have stated that their product is inert. In other words, there would not be oxidation or degradation over the course of its lifetime. When hernia meshes oxidize and are exposed to other elements, they may change composition. This will lead to post-operative complications for a patient. Since polypropylene mesh is a foreign material, it is an ideal breeding ground for the colonization of bacteria.

INFECTIONS FROM HERNIA MESH

One of the possible complications for a patient is an infection. This is one of the more severe side effects that a hernia mesh recipient can experience. According to a 2007 paper, the infection rate among hernia mesh recipients can be as high as ten percent. While the risk of infection is most prevalent in the immediate weeks after the surgery, so long as the mesh is in the patient’s body, there is always the risk of infection. Generally, the more mesh that a surgeon uses, the higher the likelihood of an infection in the patient.

These infections may not be a one-time occurrence for the patient. Hernia related infections can be chronic and recurring. In that event, the infections become a debilitating, and perhaps a life threatening event. Beyond not being able to work or carry on normal life functions, a patient’s health can be severely degraded from these infections.

There are several different ways that a patient can contract an infection from hernia mesh. The first is through what is known as blood poisoning. This is when toxins from the infection reach the bloodstream. In addition, a biofilm can form on the hernia mesh. When this occurs, antibiotics will not make the infection go away, and surgery is needed to remove the mesh in order to prevent further infection.

The second type of infection is when the mesh shrinks or migrates. In this instance, it can perforate internal organs. When that happens, contents from the intestines and bowels can travel to the rest of the body causing a more severe infection.

SEPSIS AND SEPTIC SHOCK

In the worst scenario, a patient with a mesh infection can experience sepsis. This occurs when the body releases chemicals in order to fight an infection. This stage is reached after the infection reaches the bloodstream. The body’s natural instinct is to do whatever it can to rid itself of an infection. Essentially, the immune system turns on itself in an effort to fight the infection. However, these chemicals that are released can have a major effect on the organs in the body. When these chemicals cause an imbalance in the body, it is called sepsis. This condition can lead to a failure of the body’s major organs.

When a patient experiences sepsis, it can possibly lead to septic shock if it progresses far enough. This is an extremely dangerous condition that usually causes death for half of the patients who have reached this state. When a patient experiences septic shock, the body cannot provide adequate blood to the organs and blood pressure becomes dangerously low. This can cause kidney failure, heart failure or multiple organ failure. This will require treatment in an ICU.

HERNIA MESH LAWSUITS

There have been multiple lawsuits filed against manufacturers of hernia mesh. Most of these cases are early in their life cycles. There was a large suit against C.R. Bard, a manufacturer of hernia mesh, that settled in 2011. As part of the settlement, C.R. Bard paid $184 million to settle 2 600 claims against it. Currently, there are also lawsuits pending against Johnson & Johnson, who is the manufacturer of Physiomesh, which is the highest-selling hernia mesh on the market. Atrium Medical is the other major manufacturer that is currently defending against litigation relating to defective hernia mesh. There are also thousands of cases filed against Bard / Davol as a result of allegations that their mesh is defective. The vast majority of the hernia mesh lawsuits result from mesh made of polypropylene.

If you have had a hernia where mesh was implanted and you have contracted an infection, you should contact a hernia mesh lawyer immediately. The surgical mesh attorney can discuss your legal case with you and inform you of the prospects for receiving compensation for your infection.

Sources:

https://www.mayoclinic.org/diseases-conditions/sepsis/symptoms-causes/syc-20351214

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Should I refuse to submit to breathalyzer test in RI?

Should I refuse to submit to breathalyzer test in RI? | Rhode Island Personal Injury Attorney | Scoop.it
CALL Rhode Island drunk driving (DUI / DWI) and breathalyzer criminal defense attorney, David Slepkow 401-437-1100.
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Asbestos and Mesothelioma Lawsuits and Complications – Defects Lawyer

David Slepkow's insight:

Mesothelioma is a rare form of cancer that affects roughly 3,000 individuals each year in the U.S. According to reports, the form of cancer was linked originally with asbestos building supplies that were used in the construction of factories, mills, and shipyards. However, the asbestos products were also used in constructing residential properties as well. With the growing number of mesothelioma cases by the 1970s, government agencies moved to lower the risks associated with asbestos.

Understanding the Law and Asbestos

Asbestos lawsuit attorney

In the 1970s, the Clean Air Act and the Toxic Substances Control Act were passed to manage how asbestos was used and to regulate the disposal of the materials. Unfortunately, even with the new laws in place, businesses continued to use asbestos in industrial spaces, and more workers developed the occupational disease and died. This lead to the Asbestos Ban and Phase Out Rule in 1989.

OSHA Regulations and Workers Compensation

 According to OSHA regulations, all industrial spaces where asbestos was used must undergo renovations to remove the building materials and prevent common risks to workers. If the employer failed to comply, OSHA retains the right to take legal action against the employer, and workers can utilize their rights to worker’s compensation coverage and benefits according to federal laws. The laws require the employer to send workers to an ER or urgent care facility for testing if they suspect that the worker has developed the disease. Any evidence of mesothelioma is managed initially through the worker’s compensation claims for the occupational disease.

How Do Workers Develop Mesothelioma?

The asbestos building material is distributed throughout the workplace in the form of dust. Over time, the material wears down and dust falls from it. If renovations or repairs are conducted, workers could be exposed to the dust as they drill into the materials. However, the workers inhale the dust as it spreads through ventilation systems primarily. The prolonged exposure or inhalation of the dust leads to the development of mesothelioma.

Are There Different Types of Mesothelioma?

Yes, there are four different types of mesothelioma. The cancer affects the lungs, heart, abdomen, or testicles. Once the location of the disease is discovered, the doctor establishes if the patient has sarcomatoid, epithelioid, or biphasic forms of the disease. According to statistics, around 75% of mesothelioma cases involve epithelioid cancer cells. 10% of the cases are sarcomatoid, and 40% are biphasic. Pleural mesothelioma affects the lungs, and the form of the disease represents about 75% of the cases reported. Peritoneal or abdomen mesothelioma represents about 20% of the cases. Pericardial or heart-related mesothelioma is about 1% of the cases reported in the U.S.

How is Mesothelioma Diagnosed?

Doctors perform physical examinations to identify the location of tumors. CT scans are used to find tumors within the organ system. Biopsies are used to determine if the tumor is malignant or benign. The process could include aspiration with a fine needle, laparoscopy, thoracotomy, laparotomy, or thoracoscopy. Doctors may also perform an MRI or PET scan to diagnose the patient, too.

Is Mesothelioma a Death Sentence?

Patients who have mesothelioma tumors almost always have malignant tumors. It is rare for the doctors to find a benign tumor when diagnosing the disease. For a majority of patients who are diagnosed, the disease is a death sentence. In very rare cases, the disease responds to traditional cancer treatments, and the patient could survive. Doctors can provide chemotherapy, radiation, and surgical removal of tumors to treat the symptoms of the disease, and patients could prolong their life up to twenty-one months. However, at this time there isn’t a known cure for the disease.

What are Risk Factors for Mesothelioma?

Any workers who work within an environment were asbestos is present are at risk of developing mesothelioma. Their family members that come in direct contact with their clothing or their person are also at risk of exposure to the asbestos dust. It is recommended that the worker remove any work attire that is covered in the asbestos dust before entering their home to lower the risk to their family.

 

The Legal Rights of Workers and Their Family

Workers who aren’t compensated fully by worker’s compensation have the legal right to start an asbestos lawsuit. The legal action is an attempt to collect payments for all medical treatment associated with the treatment of mesothelioma and the collection of wages lost due to the development of the disease. Employers may offer a settlement for the worker due to their diagnosis and prognosis.

If any direct members of the worker’s family develop the disease, the employer is responsible for their medical treatment and may offer a settlement due to their liability. However, in most cases, the family must file a legal claim to try to collect compensation for linked cases of the disease.

If the worker dies as a result of mesothelioma, the family could file a wrongful death lawsuit against the employer or their insurer. The claim could lead to the acquisition of lifetime earnings for the worker. The family could also claim certain tort-based options due to the loss of financial support, loss of companionship for spouses, and mental anguish. An attorney explains which options are available to the family when the claim is started.

Class Action Lawsuits Against the Employer

If multiple workers were exposed to asbestos and developed mesothelioma, an attorney could start a class action lawsuit. Under the circumstances, the attorney works with the patients who are at the greatest risk at the time that the claim is filed. When a high volume of workers develop an occupational disease due to the same employer’s failures, the litigants go to court in groups. They start with individuals who are terminal first and continue down the list of litigants based on their prognosis.

Workers or their family members who have been diagnosed with any form of mesothelioma must act quickly to file a legal claim. The disease is terminal and while it is treatable in some stages, there isn’t a cure. Patients who developed the disease due to the failures of their employers have the right to seek damages. Workers or families who want to start a legal claim are encouraged to contact an attorney right now.

Sources:

https://www.mayoclinic.org/diseases-conditions/mesothelioma/diagnosis-treatment/drc-20375028 
https://www.cancer.net/cancer-types/mesothelioma/statistics 
https://www.asbestos.com/legislation/ban/ 
https://www.mesothelioma.com/treatment/

 

(888) 735-7881

ALL RIGHTS RESERVED © 2018 · DEFECTS LAWYER · E&OEATTORNEY DAVID SLEPKOW AT SLEPKOW SLEPKOW & ASSOCIATES INC., ESTABLISHED IN 1932, IS RESPONSIBLE FOR THE CONTENT OF THIS WEBSITE. SS &A’ S PRINCIPAL OFFICE IS LOCATED AT: 1481 WAMPANOAG TRAIL EAST PROVIDENCE RI. CLIENTS WILL BE NOT ACCEPTED IN THOSE STATES IN WHICH STATE BAR RULES DO NOT ALLOW. DAVID IS LICENSED TO PRACTICE LAW IN RHODE ISLAND AND PROVIDENCE PLANTATIONS, THE COMMONWEALTH OF MASSACHUSETTS AND THE UNITED STATES SUPREME COURT. DAVID SLEPKOW WAS A LONGTIME MEMBER OF THE FEDERAL COURT FIRST CIRCUIT DISTRICT OF RI. THE HIRING OF AN LICENSED ATTORNEY IS A VERY CRUCIAL DECISION FOR A CLIENT. THIS IMPORTANT DECISION SHOULD NOT BE SOLELY MADE BASED ON ADVERTISING OR ON A WEBSITE. THIS WEBSITE IS NOT INTENDED TO BE AN ADVERTISEMENT OR SOLICITATION. INFORMATION, ARTICLES, CONTENT AND OPINIONS ON THIS WEBSITE AND BLOG IS FOR GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE OR SOLICITATION OF LEGAL SERVICES. INFORMATION FROM THIS SITE OR IT’S TRANSMISSION IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. THE RECEIPT OF SUCH HERNIA MESH INFORMATION DOES NOT CONSTITUTE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN SLEPKOW SLEPKOW & ASSOCIATES INC. AND THE READER OR VISITOR. IN THE EVENT THAT ANY INFORMATION ON THIS WEBSITE DOES NOT FULLY CONFORM TO REGULATIONS, LAWS OR CASE LAW IN ANY JURISDICTION, THIS LAW FIRM WILL NOT ACCEPT SUCH CLIENTS.. IN CERTAIN STATES THIS HERNIA MESH ATTORNEY BLOG MAY BE DEEMED ATTORNEY ADVERTISING. WE AT SLEPKOW SLEPKOW ASSOCIATE’S INC..HAVE MADE EVERY EFFORT TO COMPLY WITH ALL ADVERTISING LAWS AND RULES. THE RHODE ISLAND SUPREME COURT LICENSES ALL LAWYERS AND ATTORNEYS IN THE GENERAL PRACTICE OF LAW, BUT DOES NOT LICENSE OR CERTIFY ANY LAWYER / ATTORNEY AS AN EXPERT OR SPECIALIST IN ANY FIELD OF PRACTICE. WHILE THIS FIRM MAINTAINS JOINT RESPONSIBILITY, MOST CASES OF THIS TYPE ARE REFERRED TO OTHER ATTORNEYS FOR PRINCIPLE RESPONSIBILITY
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Why Semi-Trucks Are So Dangerous

Why Semi-Trucks Are So Dangerous | Rhode Island Personal Injury Attorney | Scoop.it
Semi-Trucks Can Cause Exceptionally Catastrophic Accidents Tractor-trailers and semi-trucks weigh many tons and travel at very high rates of speed. When a

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Matthew A. Dolman's curator insight, October 28, 2018 2:14 AM

Semi-Trucks Can Cause Exceptionally Catastrophic Accidents

Tractor-trailers and semi-trucks weigh many tons and travel at very high rates of speed. When a semi-truck collides with a smaller vehiclethe result can be catastrophic and deadly, due to the sheer force of the impact. Tractor-trailers also routinely carry cargo, such as logs, which can dislodge from the trailer and into the road. When that happens, serious motor vehicle accidents can occur. For example, the cargo could dislodge from the trailer onto the roadway and into the windshield of a smaller vehicle, causing serious injuries or deaths.

 

If a tractor-trailer or semi impacts your vehicle at a high rate of speed, you can sustain serious damages, some of which may end up being permanent. Those injuries can include traumatic brain injuries, fractures, broken bones, soft tissue injuries, muscle contusions, spinal cord injuries, paralysis, and lifelong disability. Moreover, the accident victim may be able to recover monetary compensation for all of the injuries and damages suffered, including compensation for medical and physical therapy bills, lost wages, lost earning capacity, related mental health issues, loss of earning capacity, permanent impairment, and loss of enjoyment of life, among other damages.

(click on this article to learn more)

 

https://www.dolmanlaw.com/legal-services/truck-accident-attorneys/

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Law firm seeking justice and compensation on behalf of victims of dangerous and defective drugs and medical devices. This prescription drug and dangerous medical device information portal provides ...

Law firm seeking justice and compensation on behalf of victims of dangerous and defective drugs and medical devices. This prescription drug and dangerous medical device information portal provides informative articles about filing a defective prescription drug lawsuit.
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Defective Drugs Attorney

Law firm seeking justice and compensation on behalf of victims of dangerous and defective drugs and medical devices. This prescription drug and dangerous medical device information portal provides informative articles about filing a defective prescription drug lawsuit.

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4 Types of Brain Injuries and 3 Levels of Severity

4 Types of Brain Injuries and 3 Levels of Severity | Rhode Island Personal Injury Attorney | Scoop.it
The term brain injury can refer to many types of injuries relating to the brain, skull, and scalp. Possible complications and required treatments will

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Matthew A. Dolman's curator insight, September 27, 2018 4:39 AM

The term brain injury can refer to many types of injuries[1] relating to the brain, skull, and scalp. Possible complications and required treatments will greatly depend on how the injury is acquired, the location of the injury, and the severity of the brain damage. The following information covers the different types of brain injuries, as well as the different levels of severity of brain injuries. This information is crucial to understanding a personal injury case involving a brain injury, since these terms will be used extensively by both doctors and insurance adjusters when handling your case. 

Types of TBIs

There are four main types of TBIs. They are concussion, contusion, penetrating injury, and anoxic brain injury.

(click on this article to learn more)

 

https://www.dolmanlaw.com/legal-services/brain-injury-attorneys/

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Hernia Mesh Surgery Causing Chronic and Severe Pain

Hernia Mesh Surgery Causing Chronic and Severe Pain | Rhode Island Personal Injury Attorney | Scoop.it
Post-operative chronic & severe pain may occur after hernia repair. If you have suffered from mesh complications, you may be entitled to compensation. 
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ost-operative chronic and severe pain may occur after hernia repair surgery with mesh, among other complications. If you have suffered from an injury related to hernia mesh, you may be entitled to compensation.

Annually, over a million hernia surgeries are performed in the United States; for these surgeries it is considered the standard of care to use hernia mesh to prevent future complications. (1) When a patient has a surgery for a hernia, there is a chance that another hernia may occur at the site of the original hernia. In order to discourage this recurrence, a surgeon may sometimes use a hernia mesh. Hernia mesh is a net-like medical product that is attached and covers the area from which the hernia was removed in order to discourage another hernia from occurring at the same site. This product may be made from natural materials, or it may be made from synthetic materials. Many patients who have hernia mesh implanted in their body experience both severe pain as well as chronic pain.

Hernia surgery complications | Severe and Chronic Pain

HERNIA MESH CHRONIC PAIN

In an ideal situation, the mesh will cover the site where the hernia occurred and ensure that the organs remain contained within rather than pushing through and causing a hernia once again. So long as the surgeon utilized a suitable hernia mesh and the product was properly utilized, the patient will experience some pain in the immediate aftermath of the surgery, but that pain will diminish over time and the patient will be able to return to their normal activities. In some instances, however, a person may continue to experience intense pain and associated issues well after the recovery period for the surgery was meant to have passed.

HERNIA MESH SEVERE PAIN

Those individuals who are experiencing issues as a result of hernia mesh may experience the following symptoms:

– Internal Bleeding;
– Continued pain at the site of the hernia surgery
– The surgery site gains the feeling or appearance of infection, including fever, vomiting, nausea, redness, or the area becoming swollen or raised;
– Pain so debilitating that particular movements are restricted or impossible (2); and
– The inability to move one’s bowels (a potentially life-threatening situation that may require immediate emergency medical care) (3)

In some instances, people who are having issues as a result of hernia mesh are able to earn compensation for their injuries. (4)

When a surgeon does not have the skill to properly perform the surgery and as a result, they improperly install the hernia mesh product, it can result in future medical problems. For instance, when a surgeon who is performing a laparoscopic surgery does not have the requisite skill or training, they may improperly attach the mesh. Laparoscopic surgeries can be complicated and require a very specific and unique set of skills, and if a surgeon lacks those skills, it may result in the patient developing issues due to the improperly used hernia mesh. (5) These errors are not limited to laparoscopic surgeries, either, as hernia mesh that is improperly applied during open surgery can cause the patient problems in the future, as well. (6)

While some lawsuits concerning hernia mesh arise out of the error or lack of skill of a surgeon, others come out of a defective product. In one example of an instance like this, the manufacturer may have failed to properly inform either the patient or the surgeon of the risks associated with the hernia mesh product. When this occurs, the manufacturer, either recklessly or intentionally, endangered the patient by allowing the doctor or patient to have a false belief about the nature or efficacy of the hernia mesh. Had the doctor or patient had complete information, they may have acted differently, perhaps choosing a different manufacturer’s hernia mesh and avoiding the injury from which they now suffer. (7)

In other instances, defective hernia mesh may have caused an injury that entitles the patient to compensation.  Defective mesh can cause severe pain as well as chronic pain. When a hernia mesh product was either manufactured with inferior materials or according to a design that is defective, it is possible that the hernia mesh will not only fail to prevent another hernia from occurring, it may even make it more likely that a hernia will occur. In cases like this, a patient may be able to bring a suit against the manufacturer.

Hernias are a painful experience, and your surgery should relieve your pain, not compound it. If you are suffering from an injury due to hernia mesh, you may be entitled to compensation for your continued pain. Get in touch with one of our experienced and friendly specialists today, and we can provide you with a free compensation. Don’t continue to suffer when you are entitled to compensation for your injury! Contact us today.

(1) https://www.ecnmag.com/article/2016/08/how-design-surgical-mesh-can-impact-risk-chronic-pain-after-hernia-repair
(2) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5896652/
(3)https://www.fda.gov/medicaldevices/productsandmedicalprocedures/implantsandprosthetics/herniasurgicalmesh/default.htm

Hernia Surgical Mesh Implants – Food and Drug Administration

 

www.fda.gov

Describes hernias, the different treatment options to repair hernias and recommendations for patients that are considering surgery for their hernias. The FDA wants to help patients make informed decisions about their health care and to facilitate a discussion between patients and their surgeons.

(4) https://www.consumersafety.org/legal/hernia-mesh-lawsuit/
(5) https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2999781/
(6) https://www.ncbi.nlm.nih.gov/pubmed/14533914
(7) https://www.weitzlux.com/defective-drugs-and-devices/hernia-mesh-linked-complications/

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Hernia Mesh Complications | Mesh Shrinkage and Contraction

Hernia Mesh Complications | Mesh Shrinkage and Contraction | Rhode Island Personal Injury Attorney | Scoop.it
A concern with hernia surgery is mesh shrinkage or contraction. The shrinkage of mesh has been reported as a possible reason for hernia recurrence.
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Hernia repair surgery is quite common. It is reported that approximately 33% of men will need hernia repair surgery at some time in their lives, and that approximately 10% of women will as well. It is believed that there are more than 20 million hernia operations per year throughout the world. A hernia is a protrusion of an abdominal organ through the wall of the body cavity where it should be contained. Hernia repair is the most routine operation conducted worldwide. Hernia repair is often the first operation a new surgeon is trained in.
 

Mesh complication

HERNIA MESH COMPLICATIONS

All abdominal hernias must be surgically repaired as they do not recover spontaneously. Hernias are best treated when they are small and before the risk of complication through strangulation occurs. There are essentially two choices for hernia surgery: conventional open surgery and minimally invasive surgery. Minimally invasive surgery is also termed laparscopic surgery, and is cosmetically preferred because of the small entrance wound. The effects of trauma inside the abdomen are the same for both types of surgery. More importantly, minimally invasive surgery must always involve use of a mesh.

Patient considerations when contemplating hernia surgery include the following:

  • The the risk of ongoing pain
  • The risk of hernia reappearance
  • Simplicity of treatment in case of complications
  • Quickness of recovery
  • The cosmetic appearance of the surgical wound

HERNIA MESH SHRINKAGE | MESH CONTRACTION

A remaining concern with hernia surgery is mesh shrinkage or contraction. The shrinkage of mesh has been reported as a possible reason for hernia recurrence. Does expanded polytetrafluoroethylene mesh really shrink after laparoscopic ventral hernia repair? It is said that because mesh is not biologically inert, that all mesh will experience shrinkage after implantation. Abdominal Hernias and Surgical Meshes. However, the degree of shrinkage and its cause have not been clearly determined. A conclusion has been drawn that shrinkage depends on type of mesh used and its means of anchoring. Mesh shrinkage depends on mesh properties and anchoring device: an experimental long-term study in sheep. In that study, two mesh forms were used, PhysiomeshTM (large pore, lightweight) and VentralightTMST (small pore, mediumweight), with three forms of anchor, ProTackTM, SecurestrapTM or GlubranTM. Shrinkage of PhysiomeshTM was significantly higher (17.7% to 35.7%) than that of VentralightTMST (19.3% to 22.2%), but it was observed that shrinkage was higher with the ProtackTM anchor that with either GlubranTM or SecurestrapTM. Moreoever, it is said that mesh fixation can be done either with sutures or with metal tacks, and in one study it was observed that shrinkage was greater when tacks were used than when sutures were used. Mesh shrinkage and pain in laparoscopic ventral hernia repair: a randomized clinical trial comparing suture versus tack mesh fixation.

Much is unknown about the risks of using a mesh in hernia surgery. Of great concern is the risk of chronic pain, but doctors don’t agree on the severity of that risk. The risk is generally estimated as between 0% and 60%, so doctors commonly estimate the risk at around 20%. Many doctors believe that hernia mesh causes serious chronic pain in a large percentage of patients. Many doctors also believe that hernias can be surgically repaired without the use of the mesh while still maintaining a low risk of recurrence. www.noinsurancesurgery.com/hernia/hernia-repair.htm

SYMPTOMS OF HERNIA MESH COMPLICATIONS INCLUDE:

  • Difficulty urinating or passing gas and stool
  • Excessive pain, bruising, or swelling
  • High fever (101 degrees)
  • Increased redness or drainage from the incision
  • Nausea, vomiting or other flu-like symptoms
  • Stiffness in the abdomen

Today, the use of mesh products in hernia surgery has been widely adopted, with estimates that more than 80% of all hernia operations involve use of a mesh. The source of the dispute over hernia meshes often comes down to materials used in the construction of the mesh. Various forms of meshes have involved composites, polymers, biodegradable biomaterials, and even metals. There are many varieties of meshes and there is strong disagreement over performance and success of surgical procedures involving particular types of meshes. The wanted characteristics of meshes are inertness, avoidance of infection, adequacy of long-term tensile strength to resist early recurrence, quick compatibility with host tissue, flexibility to prevent fragmentation, and little likelihood of cancer risk.
www.ncbi.nlm.nih.gov/pmc/articles/PMC5618132

NON-MESH HERNIA REPAIR OPTIONS

The dispute over the use of a mesh in hernia surgery continues today. According to many doctors, mesh is not necessary for most hernia repairs. Many non-mesh hernia surgeons successfully complete repairs with recurrence rates of less than 3%. At the same time, those doctors feel that the mesh offers a high risk of continuing complications from this relatively simple surgery. A suspicion is that it is the profit motive of medical manufacturers that drives the incidence of use of the mesh. Most surgeons are viewed as having become dependent on mesh and anti-mesh researchers are often not heard. Studies do continue in any event, and a dispute continues to rage.

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Hernia Recurrence After Hernia Mesh Repair

Hernia Recurrence After Hernia Mesh Repair | Rhode Island Personal Injury Attorney | Scoop.it
Hernia repair is known to be one of the commonly practiced surgical methods. Even surgeons know well that this is one of the most common operations that occur in hospitals. Due to the commonness of the procedure, various types of operations have been offered in many hospitals around the world as long as hernia repair …
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Hernia repair is known to be one of the commonly practiced surgical methods. Even surgeons know well that this is one of the most common operations that occur in hospitals. Due to the commonness of the procedure, various types of operations have been offered in many hospitals around the world as long as hernia repair is concerned. There are procedures such as open and laparoscopic treatments for those who wish to undergo this type of surgery. However, the type of surgery that can be done to patients will depend on the recurrence rate after the said operation.

The different causes of the recurrence can be identified by experts in order to find the best solutions needed to treat it. Prevention and elimination can be done for the sake of resolving hernia recurrence. Various studies and articles that are worth 40 years have been analyzed for the sake of improving the research when it comes to recurrence treatment to ensure a better condition on a patient’s hernia As a result, the causes of recurrence have been analyzed based on the results of the surgeries done for hernia mesh repair.

The success rate of the hernia repair is often observed depending on the operation if it can provide a permanent result if complications will lessen, the timeframe needed for the patient to rest before they can resume their normal activities, as well as the minimal costs of the surgery. But despite all these factors, doctors often view the risk of recurrence as the primary factor when viewing the success rate of hernia repair. A 15% recurrence rate using primary hernia repair was often done before applying the hernia mesh. But despite the usage of the very versatile mesh implants, recurrence rates on the hernia still tend to exist. The main factors vary upon the type of repair done.

Gladly, hernia mesh was used and being developed to ensure a better recurrence rate for patients and surgeons. These meshes are often made with a porous material that allows the growth of damaged tissues. The material is also known to be reactive in order to promote ingrowth within the tissue while preventing any type of negative reaction such as inflammation and allergies. The mesh is also known to be durable enough to provide full protection to the groin, and it lessens the risk of recurrence further.

FACTORS IN HERNIA REPAIR THAT AFFECTS RECURRENCE RATES

During an open repair, early recurrences occur due to the issues have done during the operational processes that are done to the patient. This also includes postoperative infections that are considered as the most common cause of the recurrence after operation. There are late recurrences that may occur to the patient such as the defect of the patient’s collagen. Age can also be a leading factor towards the recurrence of a hernia, wherein older patients may experience it often. Medical morbidities are also observed oftentimes in order to determine hernia recurrence as well.

On the other hand, laparoscopic repair can decide the risk of hernia recurrence as well. But there are fewer factors that may cause the condition to happen. Mesh placement is the most common cause that may happen after the repair. Other problems include dissection and fixation, and these are often observed in order to view if it’s causing the hernia recurrence. These can also happen as either early or late recurrence to the patient.

That’s why numerous researches in regards with hernia mesh usage for hernia recurrence were developed in a way where the researchers often base previous hernia repairs, as well as the numerous articles made by experts to ensure full knowledge and development over the surgery’s improvement. This is also done for the sake of understanding hernia surgery in all aspects, which also include the problems that it may cause.

RECURRENCE STATISTICS

An article from Science Direct states that surveys were conducted for the sake of observing recurrence incidents following a hernia repair to a patient. The surveys showed that specialized hospitals and other centers tend to have a recurrence rate of 1%, while general hospitals got a result of 30%. This is great news to the field of medicine when it comes to the usage of mesh. The article also states that 10 – 30% recurrence rates are present during the time when mesh wasn’t introduced to hospitals. What’s alarming was the 35% recurrent hernia repairs to the patients as well.

This just shows how extremely important a hernia mesh treatment is needed nowadays if a patient wishes to attain a higher success rate for their surgery. This is a right that all patients must have, and this must be promoted further in hospitals for the sake of decreasing recurrence rates, which can be a huge problem to most patients especially when it comes to their time and finances.

REFERENCES:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1190751/

https://www.sciencedirect.com/science/article/pii/S1743919113000873

 
 

 

ALL RIGHTS RESERVED © 2018 · HERNIA MESH ATTORNEY · E&OE

ATTORNEY DAVID SLEPKOW AT SLEPKOW SLEPKOW & ASSOCIATES INC., ESTABLISHED IN 1932, IS RESPONSIBLE FOR THE CONTENT OF THIS WEBSITE. SS &A’ S PRINCIPAL OFFICE IS LOCATED AT: 1481 WAMPANOAG TRAIL EAST PROVIDENCE RI. CLIENTS WILL BE NOT ACCEPTED IN THOSE STATES IN WHICH STATE BAR RULES DO NOT ALLOW. DAVID IS LICENSED TO PRACTICE LAW IN RHODE ISLAND AND PROVIDENCE PLANTATIONS, THE COMMONWEALTH OF MASSACHUSETTS AND THE UNITED STATES SUPREME COURT. DAVID SLEPKOW WAS A LONGTIME MEMBER OF THE FEDERAL COURT FIRST CIRCUIT DISTRICT OF RI. THE HIRING OF AN LICENSED ATTORNEY IS A VERY CRUCIAL DECISION FOR A CLIENT. THIS IMPORTANT DECISION SHOULD NOT BE SOLELY MADE BASED ON ADVERTISING OR ON A WEBSITE. THIS WEBSITE IS NOT INTENDED TO BE AN ADVERTISEMENT OR SOLICITATION. INFORMATION, ARTICLES, CONTENT AND OPINIONS ON THIS WEBSITE AND BLOG IS FOR GENERAL INFORMATION ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE OR SOLICITATION OF LEGAL SERVICES. INFORMATION FROM THIS SITE OR IT’S TRANSMISSION IS NOT INTENDED TO CREATE AN ATTORNEY CLIENT RELATIONSHIP. THE RECEIPT OF SUCH HERNIA MESH INFORMATION DOES NOT CONSTITUTE, AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN SLEPKOW SLEPKOW & ASSOCIATES INC. AND THE READER OR VISITOR. IN THE EVENT THAT ANY INFORMATION ON THIS WEBSITE DOES NOT FULLY CONFORM TO REGULATIONS, LAWS OR CASE LAW IN ANY JURISDICTION, THIS LAW FIRM WILL NOT ACCEPT SUCH CLIENTS.. IN CERTAIN STATES THIS HERNIA MESH ATTORNEY BLOG MAY BE DEEMED ATTORNEY ADVERTISING. WE AT SLEPKOW SLEPKOW ASSOCIATE’S INC..HAVE MADE EVERY EFFORT TO COMPLY WITH ALL ADVERTISING LAWS AND RULES. THE RHODE ISLAND SUPREME COURT LICENSES ALL LAWYERS AND ATTORNEYS IN THE GENERAL PRACTICE OF LAW, BUT DOES NOT LICENSE OR CERTIFY ANY LAWYER / ATTORNEY AS AN EXPERT OR SPECIALIST IN ANY FIELD OF PRACTICE. WHILE THIS FIRM MAINTAINS JOINT RESPONSIBILITY, MOST CASES OF THIS TYPE ARE REFERRED TO OTHER ATTORNEYS FOR PRINCIPLE RESPONSIBILITY

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Top ten reasons why class actions are bad for victims

Top ten reasons why class actions are bad for victims | Rhode Island Personal Injury Attorney | Scoop.it
Class action suits can be important in some circumstances. They allow multiple plaintiffs to pool their evidence and resources to take on a large, well-funded opponent. They are typically, the most beneficial to victims when the average claim is small and pursuing an individual law suit would be cost prohibitive. These suits are not, however, …
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Class action suits can be important in some circumstances. They allow multiple plaintiffs to pool their evidence and resources to take on a large, well-funded opponent. They are typically, the most beneficial to victims when the average claim is small and pursuing an individual law suit would be cost prohibitive. These suits are not, however, right for everyone. If you are considering joining a class action lawsuit, you may want to look at the downsides of this process. It is important to note that, fortunately, there are no hernia mesh lawsuit class actions in the United States. There has never been a hernia mesh class action in the United States. There is an Ethicon Physiomesh hernia mesh class action pending in Canada. There are a 2-3 hernia mesh Multidistrict litigation pending in United states Federal Courts. Avid readers of this hernia mesh lawsuit blog are aware that Multidistrict litigation is very different from a hypothetical hernia mesh class action.

THERE ARE NO HERNIA MESH CLASS ACTION LAWSUITS IN THE UNITED STATES

Signs of a hernia mesh infection- complications

HERE ARE THE CONSOLIDATED LAWSUITS/ MULTIDISTRICT LITIGATION PENDING IN THE UNITED STATES (PLEASE NOTE THAT THESE ARE NOT HERNIA MESH CLASS ACTION LAWSUITS):

 NEGATIVES / CON’S OF A CLASS ACTION

1. No choice in representation

First and foremost, you give up the right to have your own attorney in a class action suit. While large firms generally represent clients in class action suits, this doesn’t mean that you’re necessarily getting an attorney with whom you’d want to work. If you join a class action suit, you will have to hope that the attorney chosen to represent your class has your best interests at heart. As stated above a number multidistrict consolidated lawsuits have been established in federal Courts. If the hernia mesh you have implanted is subject to a consolidated proceeding such as multidistrict litigation, you have the right to a lawyer fighting for your rights. This is one of the main distinguishing features of multidistrict litigation (an mdl) from a class action. Hernia mesh law firms have run for the hills from filing a hernia mesh class action, in part, for this reason.

2.  Class action: No individual suit

If you join one of these suits, you give up your right to bring an individual suit for the same matter. This means that you have to make the decision that your best – and most financially sound – chance to bring forth your case means throwing your lot in with others rather than being able to go it alone in court. This can be helpful in some cases, but it does mean giving up a fundamental right.

3. Potentially smaller payout

When a class action suit is successful, the award from the judge can look huge. Unfortunately, in many cases the payout to the individual class members can be very small. The larger the pool of potential class members, the less that each member of the class will end up getting if the case is successful. If you’re looking to get compensation for a major financial issue, there’s a very good chance that you won’t get what you need even from a successful class action suit.

4. Slow movement

Class action suits don’t move quickly. These are huge cases that usually end up being fought between titanic enemies for huge sums of money, so things won’t move fast. In many cases, at least one of the sides will use stalling tactics to cause pain to the other side and draw out the time spent in court. While this can be a very good tactic when used by an intelligent attorney, it’s not something you want to deal with when you’re dealing with a major medical issue.

5. Potential for unwanted compensation

The type of compensation that you get from a class action suit may not always be the type of compensation that you want. In fact, it’s common for remuneration in these cases to come in the form of refunds or even coupons for services. While this might be nice to have in some situations, it won’t always help your particular situation. If you need to have a very specific type of compensation, you may be better served by getting your own attorney and staying out of a class action suit.

6. Lack of privacy

Major law suits don’t necessarily stay out of the public eye. They are reported on and become part of the public record. If you join a class action suit, you’re joining something that will be publicized. While you will have some anonymity as part of a larger class, it will be possible for people to connect you to the suit. Depending on the reason that you choose to join the suit, this might be embarrassing or problematic for you. If you need more privacy, you might want to find another legal avenue to pursue.

7. Monetary damages only

Unfortunately, damages will continually be an issue for you as you deal with a class action suit. In most cases, class action suits focus solely on monetary damages. If your goal is to get something other than financial compensation, these suits will do you very little good. While getting the money you deserve is an admirable goal, it is certainly not the only goal of the legal system. If you’re looking to make a difference in the world, a class action suit is not the way to go.

8. Less control

When you join a class action suit, you are handing over all legal control to another entity. You won’t be asked about strategy or goals. You will not get the chance to push for alternative dispute resolution or to decide that it’s time to drop the suit. You are joining a much larger group and unfortunately your input simply cannot be given more weight than the input of any other class member. If you want to be consulted and to have some say about the legal matter at hand, you will need to pursue your own suit.

9. Single chance

One of the most problematic elements of a class action lawsuit is the fact that it’s a one and done proposition. If your suit fails, you don’t get to try again. There’s certainly no chance to appeal the decision and you’ll have to live with whatever the court hands down. You’re giving up a number of your legal rights in order to join the class, something that might not sit right with you when you understand the risks that you might be taking.

10. No room for individual motivation

Finally, it’s important to remember that once you join the class action suit, this is no longer your legal story. Your motivations don’t matter. The changes you wanted to make in the world no longer matter. You are a part of a much larger group, and thus your story is unlikely to be told. If your biggest goal is to get your day in court, you should look for a different type of legal recourse.

Class action suits simply aren’t for everyone. If one of the issues listed above gives you pause, you may want to look into getting your own attorney. whether you need to have more control over your case or you find that your personal motivations are likely to be different than that of the rest of the class, it’s important to determine if you need your own representation.

Thankfully there are no hernia mesh class action lawsuits pending in the United States.

SOURCES

https://800perkins.com/advantages-disadvantages-class-action-lawsuit/
https://resources.lawinfo.com/class-action/the-advantages-and-disadvantages-of-class-act.html
https://www.mitchell-lawfirm.com/joining-class-action-lawsuit-right/

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Bard requests to transfer hernia mesh lawsuits to NJ & New York

Bard requests to transfer hernia mesh lawsuits to NJ & New York | Rhode Island Personal Injury Attorney | Scoop.it
A motion  entitled “BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR §1407 COORDINATION / CONSOLIDATION & TRANSFER OF RELATED ACTIONS TO THE SOUTHERN DISTRICT OF OHIO” was filed by law firms representing hernia mesh victims with the United States Judicial Panel on Multidistrict litigation(JPML).  The Plaintiff’s asserted that “For reasons in Plaintiffs’ motion and as explained …
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A motion  entitled “BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR §1407 COORDINATION / CONSOLIDATION & TRANSFER OF RELATED ACTIONS TO THE SOUTHERN DISTRICT OF OHIO” was filed by law firms representing hernia mesh victims with the United States Judicial Panel on Multidistrict litigation(JPML).  The Plaintiff’s asserted that “For reasons in Plaintiffs’ motion and as explained in detail below, the Panel should order the consolidation/coordination and transfer of the above-referenced lawsuits, and the lawsuits listed in the Schedule of Actions, to the Southern District of Ohio (Eastern Division), in
Columbus, Ohio.” Id.

hernia MESH LAWSUIT, Perfix Plug

MOTION SEEKS TO CONSOLIDATE AND CENTRALIZE

This motion seeks to centralize and consolidate all federal lawsuits involving C.R. Bard and Bard’s subsidiary, Davol. The victim’s hernia mesh law firms seek to have all Bard hernia mesh and patch medical devices made of Polypropylene be consolidated as Multidistrict litigation. (IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, MDL No. 2846)

According to the victim’s submissions, there are over 50 Bard / Davol lawsuits pending in Federal Court. The mesh victims assert that Bard’ mesh medical devices are defective and dangerous. The victims are advocating for the lawsuits to be determined in the Southern District of Ohio or the Western District of Missouri

BARD RESPONDS TO PLAINTIFF’S MOTION TO CONSOLIDATE

Bard filed a response to the victims motion entitled, “DEFENDANTS C. R. BARD, INC. AND DAVOL INC.’S RESPONSE TO PLAINTIFFS’ MOTION FOR § 1407 COORDINATION/CONSOLIDATION & TRANSFER OF RELATED ACTIONS TO THE SOUTHERN DISTRICT OF OHIO.

BARD CONSENTS TO A MULTIDISTRICT LITIGATION

Bard Davol’s hernia mesh law firm actually acquiesced to the victim’s request to open up a multidistrict litigation for Bard Hernia mesh lawsuits that were filed in Federal Court. Bard’s surgical mesh attorneys made it crystal clear that it should be either all or none of theBard’s hernia mesh and hernia patch products as part of the multidistrict litigation.

IF THE PANEL GRANTS THE MOTION, THIS WILL NOT BE A MESH CLASS ACTION

Keep in mind, if this Multidistrict litigation is approved by the Panel, this will not be a hernia mesh class action. As has been stated numerous times on this hernia mesh lawsuit blog, there are no hernia mesh class action lawsuits pending in the United States. There has never been a  hernia mesh class action in the United States.

BARD’S MESH LAW FIRM WEIGHS IN:

Bard Davol’s hernia mesh law firm actually acquiesced to the victim’s request to open up a Multidistrict litigation for Bard Hernia mesh lawsuits that were filed in Federal Court. Bard’s surgical mesh attorneys made it crystal clear that it should be either all or none of the Bard’s hernia mesh and hernia patch products as part of the multidistrict litigation.

Bard’s high powered hernia mesh law firm tries to convince the Panel to have the consolidated lawsuits in the District of New Jersey or in the alternative, the Southern District of New York.

BARD’S HERNIA MESH LAW FIRM MAKES THE CASE FOR THE DISTRICT OF NEW JERSEY:

Bard’s surgical mesh lawyers argue the following to convince the Panel to hear the cases in new Jersey:

  • The District of New Jersey is a convenient court for litigants and witnesses.DEFENDANTS C. R. BARD, INC. AND DAVOL INC.’S RESPONSE TO PLAINTIFFS’ MOTION FOR § 1407 COORDINATION/CONSOLIDATION & TRANSFER OF RELATED ACTIONS TO THE SOUTHERN DISTRICT OF OHIO.
  • “Less of an administrative burden.” Also, it would be less of an administrative burden to have the Bard / Davol surgical mesh cases transferred than other federal district Courts. This Court is number 4 out of 25 for the most amount of Bard hernia mesh lawsuits pending. Id.
  • There are currently nine Bard hernia mesh cases pending in the District of New Jersey, giving it the fourth most out of the 25 districts resolving hernia mesh lawsuits. Id.
  • The District of New Jersey is very experienced in resolving complicated product liability causes of action. The Court is particularly experienced at handling Multidistrict litigation which is complicated and complex involving complex scientific and technical issues. Id.
  •  New Jersey Federal District Court has 35 judges capable of resolving the Bard mesh lawsuits.
  •  Vast experience handling Multidistrict litigation similar to the hernia mesh lawsuits pending against Bard Davol. Id.
  • There are judges in New Jerseywith hernia mesh lawsuit experience such as: Chief Judge Jose L. Linares; Judge Madeline Cox Arleo and Claire C. Cecchi. Id.
  • C.R. Bard has a headquarters in new Jersey. Near Davol’s location in Rhode Island. The New Jesey District Court is convenients to important witnesses and near evidence. The JPML has utilized, in past decisions, the reasoning that the location of the Defendant is important. Id.
  • The District of New Jersey Federal Court is a fairly convenient Court to the litigants, parties and witnesses. There are several huge airports in New Jersey and there are tons of non stop flights to New Jersey. All in all, the court is accessible and very convenient. Id.
  • There are lots of hotels in the area and is accessible by rail. Id.

     

BARD’S MESH DEFENSE ATTORNEYS ALSO ADVOCATE FOR THE HERNIA MESH LAWSUIT TO BE HEARD IN THE SOUTHERN DISTRICT OF NEW YORK

  • Bard argued that the Southern District of New York  is convenient for litigants and witnesses which will aid in “promot[ing] the just and efficient conduct of [the coordinated] actions,” Id.
  • The Southern District of New York has 10 pending hernia mesh lawsuits which is the 2nd highest of all Federal District Courts handling hernia mesh lawsuits. Id.
  • “Moreover, the Southern District of New York is well-equipped to handle and manage these large and complex actions and has extensive experience managing complex MDLs. Given the large number of judges and experience, the Panel has transferred many MDLs to the Southern District of New York – by far the largest number of MDLs transferred to any district.” Id., JPML Litigation Statistics by MDL,  Terminated MDL 
  • There are 43 Judges presiding over legal matters in the Southern District of New York. 31 of the 42 Judges have handled at least one MDL. Id.
  • The Southern District of New York has a lot of experience in dealing with Multidistrict litigation pertaining to prescription Medical devices. There are currently 5 mdl’s pending before the District. Id.
  • Eight of the Judges from the Southern District of New York are presiding over hernia mesh lawsuits: Judge Naomi Reice Buchwald; Judge Valerie E. Caproni; Judge Andrew L. Carter, Jr.; Judge P. Kevin Castel; Judge Katherine Polk Failla; Judge Paul G. Gardephe; Judge Lewis A. Kaplan; and Judge Lorna G. Schofield. Id., JPML Litigation Statistics by MDL
  • “The Southern District of New York has the most proven track record of handling multidistrict litigation of any district. The Southern District of New York also sits in close proximity to the headquarters of C. R. Bard (New Jersey) and Davol (Rhode Island), giving it a convenience factor that is similar to the District of New Jersey’s.” Id.
  • “See, e.g., In re: Keurig Green Mountain Single-Serve Coffee Anti-Trust Litigation, 24 F. Supp. 3d 1361, 1363 (U.S.J.P.M.L. 2014) (defendant headquartered in Vermont, “and thus the common evidence will be reasonable accessible from this location”); In re; Mirena IUD Products Liability Litigation, 938 F. Supp. 2d 1355, 1358 (U.S.J.P.M.L. 2013) (defendants located in New York, New Jersey, Connecticut, and Pennsylvania, so “the primary witnesses and documentary evidence on the common factual issues will be located in New York and the surrounding area”). Id.
  • “Finally, the Southern District of New York, and New York City in particular, is a geographically accessible and convenient forum for all parties and witnesses. Three major airports serve New York City (LaGuardia, John F. Kennedy, and Newark), all of which are less than eighteen miles from the courthouse and offer numerous non-stop flights every day to cities across the country, as well as train services to neighboring states. The Panel has recognized New York City’s central location and accessibility in finding that the Southern District of New York is an appropriate MDL forum. See, e.g., In re Rhodia S.A., Securities Litigation, 398 F. Supp. 2d 1359, 1360 (U.S.J.P.M.L. 2005). Id.

TYPES OF BARD HERNIA MESH WE ARE REVIEWING:

Bard/ Davol:
 Visilex
 Composix
 Composix EX
 Spermatex
 3D Max
 Sepramesh
 Perfix Plug
 Ventralex
 Kugel
 Composix Kugel
 Ventrio
 Ventrio ST
 Marlex

 Sepramesh IP Composite

 Ventralex ST

Phasix

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