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 adhesion, infection, 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.
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.