Hernia Mesh Defects and Product Liability Law
Hernia mesh is a medical device designed to help people with hernias. Hernias are very common in the abdominal region, but that isn’t the only place people get them. Sometimes, people get them in the groin or even the belly button. What happens when you have a hernia is that the muscle holding in one of your inner organs has either weakened or torn, leaving you with a weak spot or hole that this organ can push through. As you can imagine, this is both uncomfortable and dangerous.
Many people believe that hernias are caused by lifting heavy objects, but that’s just usually what prompts people to discover they have a hernia, not the cause of the problem. Once they discover this, they look to medical treatment for help, and this is where they end up with a hernia mesh.
What is hernia mesh?
Hernia mesh is a bandage-like device that is meant to add extra support to the weakened muscle and to patch any hole that’s allowing the organ to come through. Once it’s applied to the patient during surgery, it is supposed to then let the patient grow some more tissue over the mesh and then be incorporated into the patient’s system.
Unfortunately, some of the meshes on the market right now are causing more harm than good. These meshes are moving around in the patient’s body and causing problems such as bowel perforation. In some cases, the materials used are cheaper which is causing problems like infection. These problems cause the patient pain and suffering and may also allow the hernia to recur. Either way, they create added medical bills for the patients and keep them out of work and unable to earn or enjoy time with their families. And for this, the medical device manufacturers are responsible.
These problem-causing hernia mesh defects are where product liability law enters the scene. Device manufacturers can’t be allowed to get away with allowing a shoddy product to make it to market. Under the rules of strict liability, the responsible party (in this case, defective hernia mesh makers), are considered responsible for harm caused by their device even if there was no negligence or intention to be harmful. This is a pretty all-encompassing law that generally works in a consumer’s favor.
If you want to get more specific, you can also look at the negligence portion of product liability law. In that area, you get more into a company’s duty of care to their clients and negligence in upholding that duty.
The third area of product liability law is breach of warranty. There you can look to any guarantees that the maker made regarding the safety of the device. When they make those kinds of guarantees, and the device proves unsafe, they are in violation.
No matter what you look at in terms of product liability law, you need an experienced legal counsel of surgical mesh lawsuit attorneys on your side. Here at Hernia Mesh Settlements, we have a nationwide network of those surgical mesh lawsuit attorneys who understand all the workings of product liability laws as they apply to medical device manufacturers.