Thinking of Hernia Surgery? Don't Agree to the Procedure Until You Read This.
For those who are unaware of the whole mesh outrage, media’s coverage of medical malpractice suits display recalled pharmaceuticals and surgeries that proved flawed after they were performed. Moreover, it doesn’t take a trained surgeon to acknowledge the fact that today’s fast-paced medical community tries hard not to make mistakes, but there’s that irrefutable “human” factor.
Consider the advent and use of surgical mesh products first introduced as implant options around 1989. According to the U.S. Food and Drug Administration (FDA), hernia repair took a creative turn as former recommendations made by doctors morphed from non-surgical “watchful waiting” to operations that repair weak muscle areas.
With the introduction of mesh to the medical community, all that changed. Fabric made of synthetics or animal tissue were recommended to surgeons by manufacturers, especially mesh marketed as non-absorbable solutions to hernia repair that can remain in the body indefinitely. Unfortunately, "non-absorbable" proved anything but.
When doctors began to use mesh to tackle hernia repairs, one of their goals was to end the high hernia recurrence rate that has plagued medical professionals for decades. While recovery time per individual is unique, mesh products improved outcomes, the procedure took less time and typical recovery times were shortened, as well.
Despite the great reviews and the material's popularity with surgeons, patients began to exhibit post-procedure pain and symptoms that were tied exclusively to mesh use. Further, the medical community began to take note of surgical mesh product recalls as a result of such complications and it wasn't long before lawsuits began to multiply.
In some cases, yes. While every type of hernia repair technique has the potential to trigger pain, infection, intestinal blockages, scarring and fluid build-up, when mesh is used to bind the hernia site not only can those side effects be exacerbated, but the potential for mesh migration and shrinkage can also occur.
For folks already in delicate states of health, adding the mesh element to the procedure has the potential to exacerbate bleeding, cause intestinal blockages and promote abnormal tissue connection development. In addition, recovery is delayed and further surgeries or treatments down the road may be required as a direct result of employing surgical mesh.
While the aforementioned mesh implantation data on side effects and post-operative complications tell part of the story, the FDA remains vigil, keeping tabs on complaints about mesh and the adverse effects, illnesses and fatalities related to mesh products currently on the market.
As a result, the FDA urges consumers to visit their recall page before you say yes to surgery requiring mesh implants. Of course, your surgeon should be up-to-date on the latest recall news, but visiting this page could help you feel more confident about what you’re about to face when you're wheeled into the operating room.
One of the most dangerous brands of surgical mesh is made by Bard, the manufacturer of 3DMax hernia mesh products. Such mesh has triggered countless legal actions, lawsuits have been filed in every state of the union and Washington D.C. Litigants claiming design defects and post-operative injury continue to rise. While it’s too early to specify compensation amounts, settlements have resulted in “hundreds of thousands of dollars” being paid to victims throughout the country.
The FDA, despite being engaged, has yet to force Bard to stop making and using this mesh. For example, a patient having undergone two 3DMax mesh implants began vomiting blood and surgeons were forced to remove 12-inches of intestine and the entangled mesh. When the patient's pain proved unremitting for months afterward, surgeons discovered that not all of the implant had been removed because scar tissue obscured it during the surgery.
The Bard 3DMax Mesh implant was developed exclusively for men. It’s engineered to contour to a man’s groin. Sold as an “easy to position, fixation free, pain reduction solution for men’s hernias,” truth is, the material is a problematic grade of polypropylene known to crack, degrade and shrink over time. Why is this problematic? This is because 3DMax Mesh is being sold as a long-term repair material when in fact, it isn’t.
Further, this composite contains hydrogel, a low grade of polypropylene that comes with this manufacturer’s warning: “it’s not for use in permanent medical implants, such as these mesh devices.” When surgeons ignore that warning and use the Bard product anyway, chronic inflammation, shrinkage and scarification not only has the potential to trigger nerve damage, rashes and recurrent hernia, but exposure to the compound may also lead to unnecessary pain, discomfort and follow-up surgeries, especially if it makes direct contact with the colon.
Despite a plethora of lawsuits, Bard’s 3DMax Mesh implants have remained on the market and continue to be sold and used. We mentioned earlier the importance of patients being their own advocates by reminding you that this danger lurks should your doctor still use this product. You’ll have to apply due diligence and either demand another product (get assurances in writing) or switch doctors. It’s incumbent upon you to spread the word if you know others who have been diagnosed with hernias so they, too, are sufficiently warned.
Should you seek recourse from an attorney? Armed with this knowledge, it’s important to bring this matter to the attention of a lawyer if you learn that your hernia surgery included the attachment of Bard 3DMax mesh. You can explain to legal counsel that this product is still on the market, despite lawsuits filed in every state. This is especially important if you develop any of the aforementioned symptoms. By retaining the legal support of our product liability law firm, you'll be represented should your declining health be a direct result of having a Bard 3DMax Mesh implant used during your procedure. For any questions, comments, or concerns you may have regarding your hernia mesh implant, contact our firm immediately - we're here to help.
Jack Ter-Saakyan has been a member of the California State Bar since 2009. Mr. Ter-Saakyan strives to provide each client with an informed understanding of the client’s legal rights, obligations, and options. Mr. Ter-Saakyan zealously advocates on behalf of his clients during all stages of his client’s cases.
Looking for trusted legal support?
Look no further – JT Legal Group is here to help.