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What is the statute of limitations for filing a hernia mesh claim?

Of the nearly 1,000,000 hernia repair procedures performed annually in the U.S., about 90% are done using a surgical mesh device.

Though the surgical mesh was intended to lower the risk of hernia recurrence, thousands of people may have been placed at a higher risk of complications.

The U.S. Food and Drug Administration recalled several types of defective hernia mesh implants, although most were voluntarily recalled by the manufacturers after several patients reported injuries from having hernia mesh.

The majority of surgical devices are manufactured by one of three companies, C.R. Bard's Davol unit, Atrium Medical, and Johnson & Johnson and its medical-device-making subsidiary Ethicon, Inc. The FDA cites recalled mesh products as the main cause of bowel perforation and obstruction complications.

Atraxia Law is currently taking cases of clients who experienced complications and side effects, including required revision surgery, because of complications caused by defective hernia mesh devices. Hernia mesh cases have statutes of limitations that impose a timeline on the ability to file a claim for compensation.

The timeline for filing a hernia mesh claim depends on the individual facts of a case

Most people who intend to file a defective hernia mesh claim have 1 to 6 years from the day of their injury to seek compensation from the liable manufacturer, depending on the state they live in. If you miss the deadline, you will most likely be unable to recover any damages, as you will be banned from filing a hernia mesh claim after that time. Still, there are many factors that can impact the amount of time you have to file a defective hernia mesh claim, such as:

Also, specific details of your case might extend or shorten the deadline for filing a claim. However, even if you think the statute of limitations has passed, there might be an exception that applies to your case. Even though most states have a 2-years statute of limitations for defective hernia mesh claims, if you can prove that the hernia mesh manufacturer knew about the risks associated with using it and did not warn consumers, the time restrictions may be extended.

Consequently, states can differ on when the clock starts ticking. In other words, depending on which state you live in, the time limit might begin with the date of the surgery, or when you discover a problem – this is referred to as the 'discovery rule'.

The 'discovery rule' is an exception to the usual statute of limitations. Under this rule, the statute of limitations "clock" does not start ticking until the cause of action is discovered or should have been discovered through reasonable diligence. This means if you could not have reasonably discovered your injury before the two-year deadline had passed, you may still be able to file the claim.

Because so many factors can affect the amount of time you have to file, it is very important to talk to an experienced attorney as soon as possible.

Time is of the essence if you have been affected by a defective hernia mesh

If your health was impacted after hernia repair surgery, you should make sure your claim is filed within the statute of limitations. Speak with our qualified case managers as soon as you suspect there might be a problem so that the statute of limitations will not bar your right to compensation. Regardless of where you live, call us today or reach out to us online for a free, confidential consultation to discuss your legal options.