Clients approach their defective product cases in different ways. Some call me with an injury caused by a medical device and say, essentially, “figure it out.” I have no problem with a client taking this position. Others keep detailed notes and meticulous records and send me a package of documents that can be several inches thick. I never require a client to do this initial “leg work,” but it can often jump start a case against the device manufacturer. If you are inclined to be more involved in the process, at least early on, I have noted some important tasks below you can accomplish to launch your hernia mesh case.

Let’s start with two assumptions: (1) you had hernia mesh implanted in your body in the past, and (2) you have suffered injury because of the hernia mesh. Where do you go from there?

Identify Your Product

It starts with this. The first and best place to go for this evidence is the product stickers page. These product stickers are found with the hospital’s medical records from the original implant surgery. It will look like a sheet of paper with a label or labels (“stickers”) attached to the page. These product stickers will identify (often in very small type) the manufacturer, the reference number, the catalog number, the lot number. It will likely mean very little to you when you see it, but trust me, it is an important document. I will say this: when a new client calls me with a mesh injury and promptly sends me the product stickers page, I know we are off to the races.

Caveat: the product stickers page is not always available. I’m not sure why, but occasionally a hospital will throw away the product stickers. It is an awful practice. In that case the hernia mesh must be identified through the implant surgery records (such as reference to the product in the operative note) and in a last resort through the billing records from the hospital. In some cases I have gotten the implant surgeon to sign an affidavit attesting to the specific product implanted. No matter how we get it done, we must identify the product implanted.

Gather Medical Records

This step is related to the step above, but involves more information and more documentation. You will need to contact all your medical care providers and ask for all medical records relating in any way to your hernia mesh surgery, as well post-surgery treatment. This would include implant and revision operative reports, discharge summaries, pathology reports, hospital notes, and other information gathered in the mesh implant surgery. These documents are the foundation of a strong hernia mesh lawsuit.

Identify Your Injury

Virtually all injury begins with the onset of pain or discomfort. But for a successful hernia mesh case, we will need to get specific. In most hernia mesh cases, there will have been a medically necessary revision surgery. The hernia mesh is implanted, it causes complications and pain, and it has to be removed. (That is, if it can be removed.) In normal medical procedures, revision surgeries should not be necessary; therefore, revision surgeries are inherently an injury to the patient. Beyond that, it will be important to identify the specific kind of injury the hernia mesh caused. Hernia mesh frequently causes adhesions, which are bands of scar tissue that bind organs or tissue together. Hernia mesh also causes inflammation, scarring, folding or curling, rejection, allergic reactions, and other serious complications. These injuries will likely be described in the medical records.

This step is important for a secondary reason: so we can identify whether the injury was caused by something other than the failure of the hernia mesh. In some cases after hernia mesh surgery, injury can occur because of surgical infection (that is, infection shortly after implant surgery), from other surgical complications, or even from an outside trauma (like a bad fall or a car crash).

Chart Your Hernia Mesh Timeline

You will need to confirm the dates of implantation, the identify the dates of onset of symptoms, the date of revision, and the dates of further revisions (if more revisions happened). Beyond that, you can use the product stickers to identify the hernia mesh implanted, and you will want to identify the hospital where you had the mesh implanted, the surgeon who performed the surgery, and the location and surgeon for any revision surgeries.

Maintain a Symptoms Journal

I always encourage this. It is simple enough: When you first begin to notice any sensations or pains which seem abnormal or unexpected, write down the date and a brief description of the pains on a piece of paper (or a notes app on your smart phone). The more detail the better—note the kind of pain you feel, the location, and any other descriptions. This journal may provide important information for your doctors but also for me as your attorney when I prepare a settlement package or a lawsuit. A pain/symptoms/well-being journal can provide valuable information to an attorney putting together the best case for you in the event you have a viable claim against a manufacturer for a failed hernia mesh product.

Contact a Good Product Liability Lawyer

Remember, you are not expected to do the work listed above. I have done this investigation often and I have gotten quite efficient at putting together strong cases. If you had hernia mesh revision surgery, you can contact me and ask me to sort it all out. So give me a call ((919) 830-5602) or use the contact form on this page to launch your hernia mesh case.

Note: A version of this article appeared on this site in July 2017.

Approximately 250,000 people have an IVC filter implanted each year. Each time it captures a blood clot and prevents it from moving into the heart or lungs, it is a great thing. Unfortunately, IVC filters often cause other health problems, sometimes as serious as the conditions they were designed to prevent. I wrote about the problems the IVC filter is causing many patients here.

Two corporations manufacture most of the IVC filters on the market: C.R. Bard, Inc. and Cook Medical, Inc. Lawsuits have been filed over Bard’s Recovery, G2, and G2 Express IVC filters. Lawsuits have also been filed over Cook’s Gunther Tulip and Celect IVC filters. Hundreds of people have been injured by these IVC filters. Try not to be one of them.

If you have an IVC filter implanted in your body, you must stay on high alert. I suggest taking the following actions if you have an IVC filter implant:

1. Watch the Calendar. Doctors sometimes recommend implantation of a “retrievable” IVC filter to capture a pulmonary embolism, which is a blood clot that has broken loose from one of the deep veins in the legs and which can travel to the heart and lungs, causing serious health problems. An embolism can form in the veins of patients following surgery (embolism can form in the body for other reasons too). Doctors can sometimes stop the formation of a blood clot through the administration of blood thinning drugs, but not all people can handle blood thinners. In those cases, doctors may recommend implantation of an IVC filter to serve as a kind of catcher’s mitt to capture the blood clot as it travels up the inferior vena cava (the large vein carrying blood from the body to the heart) toward the lungs and heart. The thing is, retrievable IVC filters are not meant to be permanent, and doctors recommend removal of the device as soon as the threat of embolism has passed, and almost always less than two months after implantation. So if you have a retrievable IVC filter implanted, don’t rely on your surgeon’s office to remind you to return and have it surgically removed. Remember the date of implantation, and talk to your doctor regularly about the appropriate time to remove it. The sooner the better.

2.GetIt Out. This is not always easy. In fact studies have shown that the IVC filter often cannot be surgically removed from the body. The IVC filter can migrate or travel within the inferior vena cava and often cannot be successfully removed. In other cases, surgeons have removed IVC filters with one or many spikes missing, which means those spikes are still in your body, floating somewhere in your blood vessels, lungs, or heart. The IVC filters can also rotate or turn, making them useless for capturing blood clots but also causing complications inside the blood vessel. If your surgeon can retrieve it—and retrieve it quickly after implantation—get it out of your body.

3.Maintain Steady Communication With Your Doctor. If you believe your IVC filter may be moving or causing you problems, your first priority is to get it out and get back to good health. So call your surgeon’s office regularly and remind them of the IVC filter and alert them to any new symptoms. If it turns out the IVC filter has migrated or broken in pieces, you will want to have that information as soon as possible and you may need to schedule emergency surgery. But again, you need a good doctor on alert to help you analyze your medical situation.

4.Start a Symptoms/Pain Journal

. For a failed IVC filter, this symptoms journal may extend for just a few days or even a few hours, but the more information you can write down the better. It is simple enough: When you first begin to notice any sensations or pains which seem abnormal or unexpected, write down a brief description of the pains on a piece of paper (or a notes app on your smart phone). The more detail the better—note the kind of pain you feel, the location, and any other descriptions. This journal may provide important information for your doctors but also for your attorney as he or she prepares a settlement package or a lawsuit. A pain/symptoms/well-being journal can provide valuable information to an attorney putting together the best case for you in the event you have a viable claim against a manufacturer for a failed IVC filter.

5. Keep Records of Expenses and Missed Work Time. Keep accurate records of all bills incurred and any out-of-pocket expenses you are paying for your surgery, recovery, rehabilitation, medications, etc. Manufacturers of defective products may be obligated to pay the out-of-pocket expenses to a victim of a failed IVC filter. Also, keep detailed records of all time missed from your employment, including sick days which you were forced to use, and days out of work for which you lost compensation. Make notes for each day missed from work, and why you missed work (e.g., “Missed work June 23-30 due to IVC filter removal surgery at X hospital, recovery at home.”). Keep a file with any documentation you receive from your surgeons, cardiologist, or your primary care doctor, your pharmacist, and any other professionals who participated in your surgery or follow-up care.

6. Do Some Research. Start with the U.S. Food and Drug Administration website (https://www.fda.gov/MedicalDevices/), a federal government website which provides timely information on the latest recalls or problems associated with medical devices such as IVC filters. Also, you may want to review the court website associated with the IVC filter device you have implanted. I also (cautiously) recommend going to established news outlets, such as The Wall Street Journal, The New York Times, The Washington Post, and other reliable publications.

7. Find a Good Lawyer. Many attorneys advertise but don’t litigate or even represent the people to whom they are marketing their legal services, and other attorneys throw up a laundry list of practice areas in which they claim expertise. You will want to find an experienced attorney who practices plaintiff-side product liability and personal injury law. Take your time with this important decision.

Note: I am not a doctor. Always consult a trusted doctor with any questions related to your health. I am, however, an attorney. If you have legal questions, call me: (919) 830-5602.