Top 5 Mesh Victim Myths and Misconceptions

Hernia mesh market withdrawal or recall?

1. A FDA recall is necessary to file a hernia mesh lawsuit-  This is false. There are currently thousand of hernia mesh lawsuits pending related to purported defective hernia mesh even though the surgical mesh or patch has not been recalled by the FDA. A FDA recall is not a prerequisite to pursue a surgical mesh lawsuit. For example, there are currently thousands of Ethicon Physiomesh lawsuits pending despite the fact that Physiomesh is not subject to an FDA recall. (Physiomesh has been recalled in Canada and other countries.) Ethicon, the manufacturer of Physiomesh voluntarily removed Physiomesh from the United States market.) In the case of Physiomesh, a market removal as opposed to a recall is the ultimate distinction without a difference as far as real world implications to mesh victims are concerned. However, legally, the difference between a recall and market removal could be significant.

1.  Many hernia mesh medical devices have been recalled-  A recall is not necessary to file a mesh lawsuit. A recall is not required to get a mesh settlement. Most hernia mesh medical devices have not been recalled. In some instances there has been a recall of certain lots of surgical mesh or mesh patches.  For example, Ventralex hernia mesh, which has been subject to thousands of lawsuits, is not subject to a recall. However, on October 04, 2011 there was a Class 2 Device Recall of Bard Ventralex ST Medium Circle with Strap Hernia Patch pertaining to 96 units. Bard Davol the manufacturer of Ventralex mislabeled the medical device product. “Bard Ventralex ST Medium Circle was packaged in a pre-printed carton identified for a Bard Ventralex ST Large Circle”. FDA
2. A local car accident lawyer can handle my hernia mesh lawsuit- This is perhaps the most troubling misconception that confuses many surgical mesh victims. Only big time experienced mesh attorneys with deep pockets and experienced staff can handle the rigors of hernia mesh litigation. You need to get the best hernia mesh lawyer in the United States. The best mesh law firm will help you get the mesh settlement 2022, that you deserve.
3. All hernia mesh lawsuit lawyers are the same-  This is a ridiculous misconception. Only a select few attorneys have the experience and the ability to handle a hernia mesh lawsuit. You should retain the best hernia mesh law firm in the United States. The best hernia mesh law firm will help you get the compensation you are entitled to as a result of the defective surgical mesh
4. It is always best to get a local mesh lawyer- Local mesh attorneys often are in way over their head in litigating against deep pocket multinational corporations such as Johnson and Johnson and their subsidiary Ethicon Inc.