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Hernia Repair Complication

Been the victim of Legal Malpractice? Discuss it here.

Hernia Repair Complication

Postby jung-su » Thu Dec 01, 2016 5:48 pm

In June of 2009, I had surgery to repair two inguinal and an umbilical hernia. About 5 days after the surgery I had a severe infection and abdominal pain. I lost 13 pounds and several days away from work as a result of the infection.  I understand infections are a "normal" risk associated with any surgey and it eventually cleared up.  However, here's the problem at hand.  In October of 2010, I had a routine colonoscopy performed.  What should have turned out to be a relatively simple, 30-45 minute procedure...turned me upside down(no pun intended).  The doc that did my colonoscopy was unable to complete it due to a partially obstructed colon due to inflamation and an "object". I was immediately referred to a colo-rectal surgeon.  After x-rays,MRI, and a cystoscopy I had a "clip" embedded into side of my colon and a rather severe fistula leading to my bladder.  A week later I underwent a colon resection in which he removed a foot of my colon, repaired the fistula, and removed a patch used for the hernia repair.  The repair patch used(after researching my records) was a Bard mesh, 3"x6", type 0112680, lot number HUSL0435.  I believe a clip broke, perforated my bowel(the infection and abdominal pain mentioned earlier)and embedded into the side of the colon wall. From that time, a large inflamatory response took place leading to subsequent pain and surgery.  I have seen other issues with the Bard Kugal mesh, but unaware of any with kits mentioned above.  This doesn't seem to be a physician related issue(unless he knowling used a recalled item)but a product defect.  I have spoken to an attorney to review my case, but he doesn't seem too interested because it isn't on any class action lawsuit such as the Bard Kugal.  Any advice? Am I wrong in trying to pursue this? Thanks for any guidance you may be able to provide....
jung-su
 
Posts: 55
Joined: Wed May 22, 2013 4:42 pm

Hernia Repair Complication

Postby Royse » Fri Dec 02, 2016 10:21 am

In June of 2009, I had surgery to repair two inguinal and an umbilical hernia. About 5 days after the surgery I had a severe infection and abdominal pain. I lost 13 pounds and several days away from work as a result of the infection.  I understand infections are a "normal" risk associated with any surgey and it eventually cleared up.  However, here's the problem at hand.  In October of 2010, I had a routine colonoscopy performed.  What should have turned out to be a relatively simple, 30-45 minute procedure...turned me upside down(no pun intended).  The doc that did my colonoscopy was unable to complete it due to a partially obstructed colon due to inflamation and an "object". I was immediately referred to a colo-rectal surgeon.  After x-rays,MRI, and a cystoscopy I had a "clip" embedded into side of my colon and a rather severe fistula leading to my bladder.  A week later I underwent a colon resection in which he removed a foot of my colon, repaired the fistula, and removed a patch used for the hernia repair.  The repair patch used(after researching my records) was a Bard mesh, 3"x6", type 0112680, lot number HUSL0435.  I believe a clip broke, perforated my bowel(the infection and abdominal pain mentioned earlier)and embedded into the side of the colon wall. From that time, a large inflamatory response took place leading to subsequent pain and surgery.  I have seen other issues with the Bard Kugal mesh, but unaware of any with kits mentioned above.  This doesn't seem to be a physician related issue(unless he knowling used a recalled item)but a product defect.  I have spoken to an attorney to review my case, but he doesn't seem too interested because it isn't on any class action lawsuit such as the Bard Kugal.  Any advice? Am I wrong in trying to pursue this? Thanks for any guidance you may be able to provide....
Royse
 
Posts: 51
Joined: Sat Apr 12, 2014 6:50 pm

Hernia Repair Complication

Postby Wallace » Sun Dec 04, 2016 12:35 am

Mike: I have been deeply involved with several medical product defect cases that typically are nationwide in scope and currently have hip implant cases.  But I really have no useful background in hernia mesh cases. I know there was or is litigation going on with the Kugel mesh but I think you realize this: a single medical product defect case or even a few of them together are not likely to go anywhere. It would require huge costs(6 figures or more!) to hire the scientist and doctors to study the alleged defect and be willing to testify about, big costs to dig out through the litigation all of the inner workings of the big corporation that manufactured the device to find evidence that they knew or should have known of the problems and recalled the device much earlier, etc.  Then you have pre-emption laws, blah blah blah.  So only if there are thousands of possible cases and an FDA recall are you going to find anywhere to go. Check in with lawfirms that do the other mesh cases. They are probably best able to give you a substantive and useful answer.  By the way, I presume that the clip that caused all the problem was part of the mesh unit and was intended to remain in your body. Not a surgical clip. If it was supposed to be removed then of course you would have a potential med mal case. Best I have to offer. Good luck.
Wallace
 
Posts: 56
Joined: Wed Jan 15, 2014 3:31 pm


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