How Long Will It Take to Settle Hernia Mesh Cases?


The product liability lawyers at Saiontz & Kirk, P.A. pursue claims for individuals nationwide who suffered severe and painful injuries due to defective hernia repair mesh, and settlements have been reached in a number of prior litigations that our law firm was involved in.

At this time, we are pursuing hernia mesh settlements for problems caused by a new group of products, including the Atrium C-Qur Mesh, Ethicon Physiomesh and others. However, these cases remain in the early stages of litigation, and it will likely be several years before the manufacturers are willing to discuss settling cases.

Based on our investigation and evaluation so far, due to the unreasonably dangerous and defective design of the hernia mesh, settlements are likely to be paid for individuals who have required revision surgery due to:

  • Severe Pain
  • Adhesions or Perforations
  • Allergic Reactions or Infections
  • Recurrent Hernias
  • Other Complications

Since most individuals are unaware of the specific product implanted in their body, free consultations and claim evaluations are provided to help individuals determine if they may be eligible to pursue settlement of a hernia mesh case.


Factors Considered in Settling Hernia Mesh Injury Lawsuits

Throughout the handling of Atrium C-Qur mesh cases and Ethicon Physiomesh cases, our lawyers will prepare claims for eventual settlement negotiations. Although a large number of individuals are pursuing claims for similar injuries caused by these products, the cases will not be handled as a hernia mesh class action lawsuit, and any settlement will be based on the individual circumstances involved in the case.

Throughout the litigation process, additional information will be discovered about the design, manufacture and sale of the hernia mesh products, including internal company documents and other discovery. As the cases proceed through the court system, it will have a substantial impact on hernia mesh settlement negotiations that may ultimately occur with the manufacturers.

Any discussions about Atrium C-Qur settlement or Ethicon Physiomesh settlements will ultimately be based on the likelihood for success in each individual case, as well as an evaluation of what a jury is likely to award if that claim went to trial.

At trial, a jury would weigh several factors in determining the amount of any hernia mesh settlement, including:

  • The extent and duration of the hernia mesh complications, including the medical care or treatment required as a result of the injury.
  • The amount of any lost wages, medical expenses or other economic damages.
  • The effect that the injury from the hernia mesh had on the overall physical and mental health or well-being of the plaintiff.
  • The pain and mental anguish suffered in the past and which will likely be suffered in the future.
  • Any long-term injuries that may affect the plaintiff’s future health or enjoyment of life.

Find Out If You May Qualify for a Settlement

As a growing number of lawsuits continue to be filed in courts nationwide, it will likely be several years before the first bellwether trials go before a jury.

As the first trial dates get closer, pressure will increase on the manufacturers to settle cases to avoid the potential for substantially higher awards in courts nationwide. Plaintiffs will also have an incentive to discuss settlement, to avoid the lengthy litigation process and inherent uncertainty associated with a jury trial.

Time still remains for individuals to join the litigation and pursue a hernia mesh case for themselves or a loved one. It is not necessary to know what type of hernia repair product was implanted, as our lawyers can help!

To review a claim for your self or a family member, contact Saiontz & Kirk, P.A. today.

Austin Kirk
Last Updated January 18th, 2017


  1. Randy March 18, 2017 at 3:32 pm - Reply

    You’ll get it all and I’ll get nothing, and still have a very ugly abdomen had my mesh replaced twice I belive and a bunch of dead omentum removed
    have gi abdomen they say had a lot of surgeries .

  2. christopher April 2, 2017 at 12:33 pm - Reply

    hi my name is chris i had a revision surgery in 2013-14 where physio mesh was implanted then failed a month later then they implanted peritex mesh witch is currently insde me and ever since april 30th 2013-14 not sure what year but ive been having chronic pains ever since i had to go on temp disability to see if i can get this mesh removed but the drs more then 2 drs told me that the peritex mesh is perminent and adheres to the body and would cause more pains if it was removed.. is this mesh part of the bad meshes?

  3. Michael April 7, 2017 at 6:15 pm - Reply

    I had to have Hernia Surgery back in 2006 the doctor split me from my breast plate below my belly button the hernia was high up nice size knot hurt every time I would eat something or drink to take any meds, then about a month later after the surgery he told me he used some type of mesh to cover up the hole, well now the hernia has come back just like that day I went back to complain to him about the pain plus unable to throw up I stay sick everyday now, he told me he could not do another hernia surgery that is would be to life threating for me, now my hernia is about the size of a peach hurts all the time, plus I ended up with all my stiches inside my belly came loose now I have a knot about the size of half of a football, right where a man or women has the six pack with the nice muscles not me, it’s called and Ills something of that nature; this hernia I wish the pain away and pray for it to go away, but it just keeps getting larger and hurts even more, gets where at times I’m unable to catch my breadth because of where the hernia is located at, May have no other choice but find someone that can repair this hernia without me dying from the surgery. I really wish I could find a real doctor that knows how to repair one of these types of hernia’s without me dying from the surgery. I should have woken up that day with 5 tiny holes, instead I woke up with a line if staples from my breast plate passed my belly button, then after I was awake enough he sent me home never stayed overnight in the hospital. the problem started about a month after the Hernia surgery was done, he told me the mesh was still in place by looking and feeling of the area I told him I didn’t believe that, because I knew how I felt. and today it’s about as big as a large Georgia Peach and not slowing down either, I’m afraid one day I’ll wake up and my guts will pop through that area, because that is what makes that hugh knot above your belly sits over your heart and in between your lungs too. does cause you to have chest pains too. I know I’ll have to go see my stomach doctor for him to see how much bigger this hernia has grew in the past 6 months. If I have to have the Hernia Repaired it won’t be done by the same doctor, I’ll have my stomach doctor locate one that I can be Reefer too , and have him or her check it out. I pray that if I do have to have the surgery again I pray I survive the surgery. Just pray they won’t use another defected piece of MESH to cover over the large area this hernia has made. Maybe the doctors are more advanced today than back then.

  4. Jazma May 4, 2017 at 3:25 am - Reply

    I have had 5 hernia starting in 2011 til 2016 repairs and the pain Is so bad i went back to the dr to let him know the pain was back again my dr told me that if he remove the mesh I will die so I hurt everyday and I’m scared to go to the dr because of wht he r she might tell me

  5. Joanne May 4, 2017 at 1:05 pm - Reply

    Had abdominal access and and had colon resection 6 months layer developed double hernia and mesh was implanted. The mesh has bee giving me server pain and discomfort and the Dr really don’t know what to do about it

  6. Rochelle May 19, 2017 at 1:15 pm - Reply

    20082 Strasburg

  7. Scott June 16, 2017 at 7:42 am - Reply

    Hi, I had an umbellical hernia repair surgery in 2012. It wasn’t til about 2 yrs later I really started noticing problems. I started getting really sick around Xmas of 2014 into 2015. Also the surgery site started leaking bad green /yellow fluids. I did go to another surgeon who said I had a chronic infection from the mesh . He did his best to cut the mesh out a month later. I lost feeling down my right leg and have alot of pain an discomfort still. I can not surf anymore ,. (Favorite hobby +sport) with my right leg problems from removal surgery . Plus I have a hard time doing my job as an electrician. I am not exactly sure the type of mesh used. But it was the mesh that was a polyprophlene I believe. Not sure ?

  8. S. June 27, 2017 at 3:30 pm - Reply

    Had a hernia repair, then 3 years of agony, pain and infection. They kept saying diverticulitis even though it didn’t show in ct scans. Said I had “low tolerance to pain”….. smh. Eventually had emergency surgery: colon resection showed ALL issues were due to the mesh being caught on my colon and destroying tissue.
    I’d like to see ANY big pharma executive go through 3 years of fevers, puking, diarrhea, slowly dying of a painful infection in front of their own families – all while still agreeing that this plastic crap was OK to be installed in them. FDA approved it, so it must be OK… There are more than just a few of me out there. I want my life back.

  9. Anita July 20, 2017 at 6:57 pm - Reply

    I had a hernia implant to and now is inside my stomach and it cannot be removed and it hurts all the time and I can also see it through my clothes when I put my clothes on and I had a second surgery that messed up my bowels and now I am on about under whales being delivered to my house every month I hope I can get something for this being implanted in my stomach and I can’t remove it and when the adult underwears because I can’t control my bladder is really uncomfortable and I am really sad about this

  10. Anna July 20, 2017 at 10:36 pm - Reply

    You said it! I want my life back as well!!! I can’t believe I’ve lived through 3 hernia mesh revisions.all with severe complications. The struggle is real. Our families suffer with us. I just had my 2015 placement snap. I knew it immediately since my gut fell out. Few weeks later, bowel obstruction. Add Crohn’s disease to the mix and try to keep your sanity. Lost many friends to long standing infections. Most had non healing wounds with drainage and fistulas. If you don’t live it, you’d never believe the horrors.

  11. Anita July 21, 2017 at 11:45 pm - Reply

    I had hernia surgery the first time in 2011 and then had to have revision surgery and at that time the dr had to reroute my bowel and I suffer every day with the pain of not being able to to have a bowel movement and my stomach swells and hurts every day do to the mesh from the first surgery

  12. ELLA September 20, 2017 at 5:16 pm - Reply

    PLEASE PLEASE find a laposcopic surgeon. I can’t imagine a professional that let their patients experience what you have.!!! If it wasn’t for the compatience of the surgeon, I would be done. The other surgeons had years of experience, but they only knew how-to open their patients. Yes! Laposcopic., If I was more informed of the procedure, I would have had one surgery instead of 6”’ Yes, Six. I am praying for each and everyone dealing with this fiasco of manufactures. They’re experimenting on PEOPLE in excuciating ‘Pain,’ Oh how I wish I was a surgeon, because I would have turned the manufacturers in.!!! They say, ” Money Is The Root of Evils.” Agreed. PLEASE Stop Putting Trust In Individuals We Have known for years. This my opinion, because I too have had several hernia surgeries, I will leave out the attitudes of the doctors and nurses who was supposed to take care of me. #HerniaPainAndScareTissueForLife.

  13. Liz October 11, 2017 at 4:39 pm - Reply

    I had upper abdominal surgery in 2016. I have had the same continuing problems that I was having before the surgery. I also have a rare duodonal issue. Could this have anything to do with the continued excruciating pain.

  14. William October 17, 2017 at 5:24 am - Reply

    I only wish the pain to go away I live in such pain and cant do nothing about it .I have not been able to work from 2007 to now .it takes me a hour to go num 2 in the bathroom and if im lucky only a hour of tears after .I have lost everything cars home girlfriends .and my dick is the size of the rip of my finger .so now I live with my mom and kids and I fill worthless and most of the time I wish for death !! And it gets worse every day I cant even see a pretty girl because the thout of sex puts me in tears from the pain .I have been a single parent for the last 20years I put ladys to the side thinkming when my kids got older I would find a girlfriend and start my life over for my self and now I will never know what it’s like to b with anyone again not even to just hold someone cause if I cant please a lady why would someone want to b with me .so to all going throw this I pray for a fast end to it all .and my the doctors that new this was no good for my they root in hell

  15. Isaac November 4, 2017 at 5:36 pm - Reply

    I had hernia surgery back in 2010…just figured the pain and the mesh sticking out of my belly button was the norm. Had a bad infection around 6 mos after the surgery…Dr. drained a tube of puss….nasty!!!

  16. Kim November 16, 2017 at 12:20 am - Reply

    I know that most the drs had no clue people need to understand this lawsuit has nothing to do with the drs that make huge much major decisions than a mesh that would hokd up hernia issues of course therr going for it. Anyways the mesh is a foreign piece abd that in no way would work on any human. I was a high schooler when I got this pyt in me and I don’t blame drs for doing their job its the makers of this shit that failed to let everyone know the extent of damages and underlying issues with this mesh product.

  17. Margie December 3, 2017 at 3:41 pm - Reply

    I had a kidney removed in 2007 through the belly button. So right after that I ended up with double hernias. I have severe Charlie horse cramping. But my problem now is I have another hernia under the mesh? It’s been hurting for awhile my Dr. is not concerned difficult to go to the bathroom. So my stomach swells to the size of being pregnant. It feels like the food goes down and stays there for ever? I also have a hiatal hernia. But, still not to concerned I don’t know what do after reading these horror stories I don’t think I want it corrected. I guess I’ll be misarable.

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