Do I Qualify for a Hernia Mesh Lawsuit? [2026 Update]

Do You Qualify for a Hernia Mesh Lawsuit?

If you had hernia repair surgery with mesh on or after January 1, 2010, you may qualify for a hernia mesh lawsuit. It is important to discuss your case with a hernia mesh attorney to determine your eligibility. Generally, individuals who suffer serious post-surgery injuries qualify. Injuries may include adhesions, hernia recurrence, intestinal blockage, mesh migration, organ perforation, or a serious infection.

If you required a revision surgery or another type of corrective surgery related to complications with a hernia mesh, you may be able to pursue legal action against the company who made the mesh. If you had mesh implanted that was made by Ethicon, Atrium, Covidien, Gore, Johnson & Johnson, or Bard Davol, you might qualify for a hernia mesh lawsuit with King Law. It is important to identify the brand and manufacturer of the mesh implant and to know the dates of your initial hernia mesh surgery, as well as any revision surgeries.

A qualified attorney can walk you through the process and help you obtain the necessary evidence to prove your case.

Table of Contents:

How to Qualify for a Hernia Mesh Lawsuit

If you suffered serious injury or had to have revision surgery after your hernia mesh implant, you may qualify to file a lawsuit against the medical device manufacturer who made the mesh used to fix your hernia. It is imperative to work with an attorney as soon as possible to determine whether you have a valid claim for damages.

Qualification criteria for hernia mesh lawsuit:

1. Verify your hernia repair surgery date. The hernia repair surgery with mesh must have occurred on or after January 1, 2010.
2. Confirm the type of complications you suffered. Qualifying injuries may include: mesh migrations, mesh adhesions to soft tissue or organs, infection, chronic pain, nerve damage, bowel obstruction, impotence, and other serious injuries.
3. Verify you had a hernia revision surgery. If you had hernia revision surgery (a surgery to repair failed mesh) or another type of surgery as a result of your complications, you may qualify.
4. Determine the manufacturer of your mesh. Check your medical records to determine who manufactured the mesh. Qualifying manufacturers include Ethicon (Prolene Hernia System (PHS)), Atrium, Covidien, Bard/Davol, and W.L. Gore & Associates (Gore-Tex Soft Tissue Patch). If you do not have your records or the records do not state the manufacturer, King Law can help you track down these records.
5. Provide a medical professional’s recommendations. If you received a medical professional’s recommendation that you should schedule an additional surgery due to complications with the surgical mesh implant, you may be able to file a lawsuit. Be sure to provide your medical records showing the recommendation or the scheduled surgery. You may also be eligible if the surgery was recommended but not possible due to medical issues.
6. Preserve evidence. If a revision surgery needs to be performed, ask that the removed hernia mesh be preserved pursuant to a court order issued in 2018.
7. Consult with a lawyer. Contact a hernia mesh lawsuit attorney to discuss your rights. Be sure to provide the specifics of your case, including the hospital where it was performed, your doctor’s name, the type of medical condition suffered, the dates of any surgeries, and the first time you noticed complications.

**Please note that criteria for filing a hernia mesh lawsuit change over the lifecycle of the litigation. Please contact our firm for the most-recent updates.

You can also report any problems with your surgical mesh to the U.S. Food and Drug Administration (FDA), through its MedWatch program. Reporting adverse events to the FDA can help the government hold manufacturers accountable.

Eligibility Exclusions to Consider

While many patients who had hernia mesh implanted and later experienced severe complications may be able to file a lawsuit, not everyone who had a complication will be eligible to file a lawsuit with King Law. It is essential to discuss your case with a legal professional to determine if there are any exclusions that may apply to your case or that may deem you ineligible to take legal action.

Eligibility exclusions in hernia mesh lawsuits:

• Your surgery occurred prior to January 1, 2010.
• You did not suffer a qualifying injury.
• The mesh installed was not manufactured by a qualifying manufacturer.
• The injuries you experienced occurred less than 30 days post-surgery.

The best way to determine whether you qualify for a hernia mesh lawsuit is by consulting with a personal injury lawyer.

What Hernia Mesh Complications May Qualify Someone for a Lawsuit?

Over the past several years, an increasing number of patients have reported complications with their hernia mesh surgeries. Complications range in severity from relatively minor to severe, including mesh migration requiring corrective surgery.

Hernia mesh complications that may qualify for a lawsuit:

• Infection
• Organ perforation
• Mesh migration
• Bowel obstruction
• Hernia recurrence
• Adhesion to internal tissues and organs
• Chronic pain
• Fluid buildup near surgery site (seromas)
• Sexual impotence

This is not a full list of possible qualifying injuries. A qualified attorney can advise on your (or a loved one’s) specific injuries and circumstances.

The FDA has received more than 55,000 adverse events reports related to hernia mesh when it was used to repair inguinal, ventral, incisional, hiatal, umbilical, and other types of hernias. The FDA is continually tracking complications with hernia mesh products. According to the agency’s data, some complications are incredibly common. For example:

• Recurrence in up to 11% of patients
• Chronic pain occurred in up to 68% of patients (with up to 3.8% of patients experiencing significant quality of life impacts)
• Infection in up to 21% of patients
• Seroma (fluid retention near the surgery site) in up to 52.5% of patients

Evidence to Qualify for a Hernia Mesh Lawsuit

In order to qualify for a hernia mesh lawsuit, it is critical to provide evidence regarding your initial implant surgery and any complications. A hernia mesh lawsuit attorney can help you obtain evidence, such as expert testimony and factual evidence about the mesh product you were given.

Evidence that may support your hernia mesh lawsuit:

• Medical records: You will need to provide a copy of medical records related to your initial hernia mesh implant surgery and any follow-up visits. Our team can advise and assist with collecting this evidence.
• Imaging studies: Imaging studies like X-rays or MRIs may prove essential in your case. They can often show migration and other complications that may have occurred as a result of your implant.
• Personal records: Personal records such as pain diaries can help substantiate your claims. Witness testimonies from acquaintances and financial records documenting your losses may also help.
• Photographic or physical evidence: Any photographic evidence related to your case may aid in proving your claim. If you have a revision surgery planned, you can ask to keep the mesh that is removed from your body.

Evidence can be used to prove your complications, the type of mesh that was implanted, or recommendations made by your surgical team related to your injuries.

Hernia Mesh Statute of Limitations and Lawsuit Timeline

A statute of limitations is a legal time limit on the amount of time you have to file a lawsuit. It varies by state and lawsuit type. If you fail to take legal action within the statute of limitations, your claim may be dismissed. Even valid claims will be denied if they fall outside of the legal deadline for filing a personal injury lawsuit.

In some jurisdictions, the time limit starts when the cause of injury is discovered, not when the injury occurs. Known as the discovery rule, it may allow you to file a claim beyond the normal statute of limitations in your state if you did not or could not have reasonably discovered the source of your injury. For example, if you did not understand that a revision surgery was due to mesh failure, you may have extra time to file a lawsuit.

Some states also have statutes of repose that may limit the amount of time you have to file a lawsuit. It is important to discuss your case with an attorney to determine if the timeline began when the harm was discovered, when the mesh was initially installed, or when it was manufactured, sold, or left the manufacturer.

Generally, you will have between 1 and 6 years from the date of the injury, depending on the state, though most states give 1 to 3 years to file a personal injury lawsuit. The statute of limitations may also be paused if you were a minor at the time of the injury, in a coma, or incarcerated. The time limit may also be extended if the manufacturer knew of the risks but failed to warn consumers.

Hernia Mesh Settlement Amounts

Hernia mesh settlement amounts vary depending on a number of factors, including eligibility, the quality of evidence, and other relevant considerations. Stronger evidence and clear eligibility can lead to higher settlements. It is estimated that hernia mesh settlements could range between $10,000 and $100,000. However, the amount someone receives in a settlement is contingent on many personal and external factors, and no amount is guaranteed.

The amount that an individual could receive in a hernia mesh lawsuit may also depend on the type of case that they file. An individual plaintiff’s settlement will depend on the specifics of their situation. People who experienced more serious complications may receive more compensation than those who experienced minimal complications.

Step-by-Step Guide: How to Determine Your Eligibility

The best way to determine your eligibility for a hernia mesh lawsuit is by contacting a qualified attorney. An attorney can walk you through the legal process to determine whether you have a valid claim for damages.

Step-by-step eligibility determination in a hernia mesh lawsuit:

1.  Review Medical History: Confirm your hernia mesh surgery date (must be on or after January 1, 2010) and identify any post-surgery complications like adhesions, hernia recurrence, organ perforation, or infections.
2. Gather Documentation: Collect all relevant medical records, including details of the type of hernia mesh used, records of any subsequent surgeries due to complications, and any medical evidence of injury.
3. Confirm Hernia Mesh Manufacturer: Make sure that the manufacturer of your mesh is a viable defendant. Your attorney will do this step. If you are uncertain what brand of mesh you were given, your legal team can help you obtain that information.
4. Verify Legal Timeframes: Your attorney will review the specifics of your case to ensure you are filing within the applicable statute of limitations (i.e., legal deadline). Statutes of limitations are complicated, so consulting with an experienced attorney about deadlines is advised.
5. File Your Claim: Once eligibility is confirmed, your attorney will file your hernia mesh lawsuit in the appropriate court.

Contact a Hernia Mesh Lawyer Today

If you suffered complications after a hernia mesh implant surgery, contact King Law to determine your eligibility to file a hernia mesh lawsuit. Our lawyers have extensive experience handling cases against pharmaceutical manufacturers, including those who made hernia mesh. Our founding attorney, Robert King, is on the plaintiff steering committee for an active hernia mesh multidistrict litigation (i.e., Covidien). Our years of experience with hernia mesh lawsuits help us accurately assess whether your circumstances present a valid claim for damages. We will navigate the complexities of medical evidence and legal criteria to help determine your eligibility.

Frequently Asked Questions (FAQs)