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Updated by David Scott Slepkow on Dec 16, 2021
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Atruim C-Qur lawsuit 2018

In Mirabello, Atrium sought to dismiss the victim’s hernia mesh lawsuit based on an allegation that the victim missed the statute of limitations. Ultimately, the Magistrate determined that the victim / plaintiff barely complied with the Mass. Statute of Limitations, filing the lawsuit before the deadline. As a result the C- Qur mesh lawsuit could proceed towards a potential trial on the merits or a possible surgical mesh settlement.

At the end of the day, it does not matter what you need to know before you file a surgical mesh lawsuit, if you miss a statute of limitations! You will not be getting any hernia mesh settlement 2018, never mind an average mesh settlement, if your claim is axed based on a state statute of limitations.

It will make no difference what your hernia mesh problems years later will be, if you do not comply with the statute of limitations. If you have a hernia mesh complications or a revision surgery or terrible pain associated with hernia mesh then contact a hernia mesh attorney or a surgical mesh law firm well before the statute of limitations expires. In fact, as soon as you become aware of a potential hernia mesh claim, contact a hernia mesh law firm.

“Statutes of limitations set the deadline or maximum period of time within which a lawsuit or legal claim may be filed. They vary depending on the circumstances of the case, the type of case or claim involved, and whether the lawsuit or claim is filed in state or federal court.”


Hernia repair is known to be one of the commonly practiced surgical methods. Even surgeons know well that this is one of the most common operations that occur in hospitals. Due to the commonness of the procedure, various types of operations have been offered in many hospitals around the world as long as hernia repair is concerned. There are procedures such as open and laparoscopic treatments for those who wish to undergo this type of surgery. However, the type of surgery that can be done to patients will depend on the recurrence rate after the said operation.

When a person requires hernia repair surgery, it is expected they will go through a period of recovery before returning to their everyday lives. Unfortunately, there are instances where a person does not get better after hernia surgery, and instead becomes even more ill. In some instances, the patient may suffer from complications after surgery due to hernia mesh that was improperly installed or was defective. The most common complications are adhesion, infection, pain, recurrence, organ perforation, and bowel obstruction. (1) In the most severe cases, these complications may result in fatalities or wrongful death due to mesh migration and mesh contraction. (2) In these cases, it may be possible to be compensated for this terrible situation through a hernia mesh lawsuit.

Hernia mesh wrongful death lawsuit

If a patient needs a hernia surgery at a certain site in their body, it becomes more likely another hernia will occur at that same spot in the future. In order to safeguard against this possibility, surgeons performing hernia surgeries often use hernia mesh (which is similar to a net and is made out of either natural or synthetic materials). Once surgery has been completed, hernia mesh is attached to the area around the site where the hernia had been in order to ensure that the organs remain in place after surgery is completed, and to lower the likelihood another hernia will occur. (3)

Even in a successful surgery using hernia mesh, the patient will experience a period of time during which they are in pain after the surgery. If the surgery was a success, however, their pain will gradually diminish, and they will be able to engage in their normal day-to-day routine again. Unfortunately, some patients will experience worsening symptoms—and even death—after hernia surgery due to complications caused by their hernia mesh.


Post-operative chronic and severe pain may occur after hernia repair surgery with mesh, among other complications. If you have suffered from an injury related to hernia mesh, you may be entitled to compensation.

Annually, over a million hernia surgeries are performed in the United States; for these surgeries it is considered the standard of care to use hernia mesh to prevent future complications. (1) When a patient has a surgery for a hernia, there is a chance that another hernia may occur at the site of the original hernia. In order to discourage this recurrence, a surgeon may sometimes use a hernia mesh. Hernia mesh is a net-like medical product that is attached and covers the area from which the hernia was removed in order to discourage another hernia from occurring at the same site. This product may be made from natural materials, or it may be made from synthetic materials. Many patients who have hernia mesh implanted in their body experience both severe pain as well as chronic pain.

When a hernia is repaired by surgery, a piece of surgical mesh is often used to keep the intestine or any other internal organ from protruding through a hole caused by a tear in muscle tissue. In most cases, this surgical mesh stays in place for life and causes no problems. WebMD states that using mesh reduces the risk of hernia recurrence. However, in some cases, the mesh can become dislodged and travel to a different part of the abdomen or another area where it’s not intended to go. This problem is known as hernia mesh migration and can result in serious health complications. A hernia mesh attorney or surgical mesh lawyers can offer helpful guidance and assist with taking legal action if this problem occurs.

hernia mesh complications- mesh migration

What Causes Mesh Migration?

Surgical error sometimes causes hernia mesh to migrate if the surgeon failed to secure the mesh in place properly at the time of surgery. Mesh migration can also occur if the mesh shrinks and becomes dislodged. Certain types of mesh materials that were initially thought to be safe have later been recalled because of their tendencies to move out of place more frequently. Mesh migration may happen shortly after surgery or years later. According to Drugwatch, mesh migration is more common in patients who undergo laparoscopic (minimally invasive) hernia surgery than patients who elect for open repairs.

What Are Some of the Health Problems Associated with Mesh Migration?

When mesh moves out of place, it can interfere with different bodily processes and damage organs. Dislodged mesh has been known to puncture organs and entrap nerves, which often results in severe pain and sometimes chronic pain and requires prompt medical care. If the mesh is no longer in place to keep an organ from protruding, hernia recurrence will be likely. Hernia mesh migration also sometimes results in intestinal obstruction. ResearchGate reports that the dislodged mesh can even migrate to the urinary bladder in some rare cases.

Mesh Migration Symptoms

Pain and hernia recurrence are two signs that the mesh may have become dislodged. Blood may also be present in the urine if the mesh migrated to the bladder. Mesh migration can additionally result in constipation and the inability to pass gas when the mesh blocks the intestine.

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