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Important Update in Hernia Mesh Trials: Rhode Island Jury Awards over $4.8 Million

Author
Daisy Rogozinsky
August 29, 2022

If you or a loved one have had a hernia mesh surgery, you may be interested in hearing the latest legal update out of Rhode Island. In a trial lasting from July 28th to August 23rd, the state court jury awarded $4.8 million to plaintiff Paul Trevino, an amount attorney Jonathan Orent claims will increase to $7.68 million with interest. This is the first trial in the country involving the allegedly defective hernia mesh implant to go to state court. 

If you have been harmed by a Hernia Mesh device Select Justice can help you fight for your rights and compensation.

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In this trial, Trevino sued Davil Inc., a division of medical device company C.R. Bard Inc., after receiving the Ventralex brand mesh as treatment for a hernia he developed after surgery for an abdominal injury. Trevino’s team claimed that the Ventralex patch was manufactured using a plastic resin that causes inflammation in human tissue, and that the patch buckled inside Trevino’s abdomen, requiring subsequent surgery to be removed. 

"...the state court jury awarded $4.8 million to plaintiff Paul Trevino, an amount attorney Jonathan Orent claims will increase to $7.68 million with interest."

In response, Bard blamed Trevino’s complex medical history and previous abdominal surgery for his injuries, claiming that Ventralex is approved by the FDA and successfully treats thousands of patients every year without complications. Spokesperson Troy Kirkpatrick said that Bard plans to appeal the verdict, describing the Ventralex patch as the “gold standard” for hernia repair. 

While jurors initially indicated a potential deadlock, they ultimately decided in favor of Trevino. 

Trevino’s case and its outcome are important to take note of for anybody involved in the thousands of other hernia mesh lawsuits pending in Rhode Island, where Bard is headquartered, as well as in many federal courts throughout the country. Plaintiffs who have experienced side effects such as infections, nerve damage, and chronic pain may feel relieved to hear that at least one jury has sided with a hernia mesh plaintiff on his negligence claim. 

Possible Side Effects of Hernia Mesh Implants

woman holding her abdomen in pain

If you have or are considering getting a hernia mesh, a medical device used to help reinforce weakened tissue and prevent a hernia from recurring, it’s important to know about the possible side effects. Complications and risks of hernia mesh implants include:

  • Pain
  • Infection
  • Hernia recurrence
  • Adhesion
  • Bowel obstruction
  • Parts of the mesh breaking apart and migrating to other parts of the body, leaving behind sharp edges on the part of the mesh that is left in place
  • The entire mesh migrating to different parts of the body
  • The mesh shrinking and pulling away from tissue
  • Torn tissue
  • Excessive scar tissue
  • Mesh rejection

If you experience any of the following symptoms, it may be a sign that your hernia mesh is causing problems:

  • Fatigue
  • Constipation
  • Irritable bowel symptoms
  • Pain, tenderness, or discomfort near the site of your hernia repair
  • Sexual dysfunction, particularly in men
  • Bulging at the hernia site
  • Inflammation
  • Fever
  • Flu-like symptoms
  • Nausea and vomiting

Because of the above issues, the hernia mesh has been recalled on multiple occasions, with thousands filing lawsuits related to hernia mesh problems. 

Are there Any Alternatives to Hernia Mesh Surgery?

The good news is that hernia mesh surgeries can be avoided. Alternatives to hernia mesh surgery include: 

  • McVay/Cooper’s Ligament - Most often used for hernias in the groin and femoral hernias, this technique involves stitching muscle or tendon to Cooper’s ligament. 
  • Shouldice - Not appropriate for hiatal and parastomal hernias, this technique uses steel wires to close the muscles around the hernia. 
  • Guarnieri - This method, which can be done both with and without mesh, overlaps the muscles over the hernia location to provide reinforcement. 
  • Desarda - This technique uses the muscles rather than foreign material for reinforcement in the area of the hernia. 
  • Bassini - Used for inguinal hernias, this technique stitches the fascia to the inguinal ligament.

If you have had a hernia mesh surgery with complications such as the ones listed above, it may be encouraging to know that another patient like yourself has been awarded compensation for the pain and suffering his hernia mesh caused him. If you are interested in pursuing a legal case in order to possibly receive compensation for your own injuries, receive a free evaluation of your case today.

If you have been harmed by a Hernia Mesh device Select Justice can help you fight for your rights and compensation.

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We are here to help you and loved ones advocate for justice. Feel free to send us any questions you might have, either about an injury or the process for pursuing justice so we can help you exercise your rights.

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