Pre-Settlement Funding: Hernia Mesh Recall
Hernias occur when an organ or fatty tissue pushes through an opening or weak spot—typically in the abdomen. Although someone may have a hernia and not have symptoms, typical signs of a hernia include swelling, bulging, and pain. The U.S. Food & Drug Administration reports that some of the most common types of hernias are:
- Femoral, which are hernias that happen in the upper thigh/outer groin
- Umbilical, which are belly button hernias
- Hiatal, inner abdominal hernias that happen along the upper stomach/diaphragm
- Incisional, which are hernias in the abdomen that happen through a scar or incision
- Ventral, which are abdominal hernias that occur in the general ventral wall
- Inguinal, which are hernias that happen in the inner groin
There are several different causes of hernias, and will often vary depending on the type of hernia and where the hernia occurred. Usually, lifting heavy objects without proper support can cause hernias in the abdominal region. In other cases, persistent coughing and/or sneezing, constipation, and diarrhea can also cause hernias. Symptoms may worsen or may be more apparent when straining or bearing down. In many cases, the bulging of a hernia is visible, but not always.
Treatments for hernias will depend on the severity of the hernia and its location, whether the patient is in any pain, and so on. Some doctors will recommend a wait-and-see approach that involves regularly monitoring the hernia and its progression, while others may recommend surgery as soon as possible.
If a patient is at risk of a hernia recurring, their doctor may recommend hernia mesh, which is a surgical implant meant to lower this risk. Hernia mesh has been used to treat hernias in several different areas of the body. The mesh is designed to strengthen and reinforce any damaged tissues from the hernia, and while these surgeries have helped some patients, they have also caused a significant number of complications. In fact, it has been reported that the following are commonly reported adverse effects of hernia mesh:
- Bowel obstruction
- Mesh migration
- Mesh shrinkage
- Infection
- Pain
- Hernia recurrence
- Adhesion
Different types of mesh come from various manufacturers, and many of these complications are associated with mesh that has been recalled. The FDA has a comprehensive list of all hernia mesh that has been recalled, including voluntary recalls. Although these recalls will hopefully prevent any future incidents of hernia mesh injuries, unfortunately for many, the recalls happened too late and after the damage was already done.
Although medical treatments and surgeries are meant to improve someone’s quality of life by treating a painful or potentially dangerous condition, sometimes, they make things much worse. When this happens, a victim may pursue monetary compensation in a medical malpractice lawsuit. When it involves a recalled product that has been proven to be dangerous by causing harm to multiple individuals, victims may pursue damages in product liability lawsuits.
If you are currently working with a medical malpractice lawyer or a product liability lawyer on a hernia mesh recall case, you may have a lot of questions as your case progresses. One common question that plaintiffs frequently ask: “When will my case settle?”
Because there is no simple answer to this and because there is a lot that goes on during the settlement process, it can be unpredictable. At USClaims, we offer an alternative to those waiting on cases to settle; this is a process known as pre-settlement funding, also commonly referred to as a lawsuit advance. Contact us today to learn more about the process, and to see if your case qualifies.
