Litigants can qualify for a hernia mesh patch lawsuit by consulting with doctors and attorneys as to the circumstances of the hernia surgery, according to law firm of Anapol Schwartz. The law firm states it is nearly impossible to self-determine if litigants qualify for a lawsuit.
Plaintiffs may start by talking to a doctor about what kind of mesh hernia patch they received during surgery because certain items may be on a recall list, as noted by the U.S. Food and Drug Administration. In December 2005, the FDA instituted a recall of Bard Composix Kugel brand mesh patches. The recall expanded in January 2007. A part of the mesh patch known as a memory recoil ring can break within the belly area, and this breakage can lead to ruptures in the stomach or intestines.
Patients who suspect they may have this type of mesh patch should contact a specialized attorney, according to LawyersandSettlements.com. Patients who suffered from bowel perforation or chronic enteric fistulae may qualify for a lawsuit. Thousands of lawsuits have been filed in Rhode Island alone, with hundreds of millions of dollars paid out to plaintiffs as of 2015.
Davol Inc., a subsidiary of Bard, sent notices to health care providers in January 2007 as to the scope of the recall, as reported by the FDA. Although the FDA lists Davol as a contact for the recall itself, lawyers for Anapol Schwartz claim that patients should not contact the company in any way.