Surgical mesh implant compensation claims

What are the main types of surgical mesh implants? 

The main two types of surgical mesh implants are a hernia mesh implant and a vaginal mesh implant. 

A vaginal mesh implant can take place instead of surgery. It is placed in a woman's pelvis and tissues will grow over it. A hernia mesh implant is put in place to try to reduce the chance of the condition recurring as the mesh acts as a strength to help the repair procedure.

For what procedures might surgical mesh implants be used?

Surgical mesh implants are used in a range of medical procedures. These include where a person has:

• a weak bladder
• a pelvic prolapse
• a hysterectomy
• cancer
• gynaecological problems
• a hernia
• a rectal prolapse

Surgical mesh implants are also used where a person is obese or has pelvic organ problems.

What are the potential risks and complications of surgical mesh implants?

Surgical mesh implants can have potential risks and complications. Hernia mesh problems can be so serious that they can even cause death. 

Typical hernia mesh implant complications include:

• pain in the pelvic area
• emotional stress
• anxiety
• a bladder infection
• a blocked bowel and intestine
• incontinence
• bleeding
• difficulty walking in or even being unable to walk
• haematoma
• organ perforation
• mesh shrinkage
• mesh erosion or protrusion
• autoimmune reaction 
• nerve trauma
• return of the hernia if the implant was used to treat this
• buttock pain
• leg pain
• feeling uncomfortable during sexual intercourse
• a prickling feeling which gets worse with exercise

If the hernia mesh fails, it can get broken down and, as a result, attach to other body areas. It can also cause other symptoms such as:

• pain, bruising, redness, swelling or irritation in the area of the hernia mesh
• finding it a struggle to pass urine, gas or stool,
• a stiff abdominal region
• a high fever
• nausea 
• vomiting
• abscesses
• bowel obstructions

Can the use of surgical mesh lead to infection?

A complication from the use of surgical mesh is that it can lead to infection. This could occur where your medical professional did not follow the correct medical procedure. A person who has had surgical mesh surgery may have an infection where their pay increases and they develop a fever.

How common are hernia mesh injuries and infections?

Hernia mesh surgery is a type of surgery where problems associated with it are common. One out of every 11 women receiving a mesh implant ends up with problems as a result and the likelihood of a person experiencing a long-term problem due to hernia mesh surgery ranges from between 12% and 30%.

What is considered medical negligence concerning surgical mesh injuries?

There are many situations which mean that your surgical mesh injury was a result of medical negligence. This includes:

• not receiving the right amount of information about the risks involved before the hernia mesh surgery was carried out
• a less-than-acceptable standard of mesh surgery
• not being made aware that the hernia mesh implant will remain in the body forever
• inadequate time to think about the advantages and disadvantages of the procedure
• raising issues after the surgical mesh implant surgery but being dismissed or inadequate time focused on these

receiving revision surgery as the surgical mesh implant cause complications

Can I claim mesh implant compensation?

If you have undergone mesh implant surgery which has resulted in unnecessary complications causing injury or pain, then you may be able to claim mesh implant compensation. This will be where the medical professional who carried it out was negligent. 

Can I claim if my surgical mesh implant injury was missed or misdiagnosed?

If your surgery mesh implant injury was missed or misdiagnosed, this is likely due to medical negligence. This means that you can claim for surgical mesh implant injury.

Am I able to claim against the NHS?

It was possible for you to claim against the NHS for surgical mesh implant compensation. Providing medical negligence can be proven, you will have a claim against the NHS.

Can I claim against a private surgeon or doctor?

Many private surgeons and doctors have carried out surgical mesh implants. Where they do so negligently, you can make a medical negligence claim against them.

How much compensation might I receive for a hernia or vaginal mesh claim?

When you make a hernia or vaginal mesh claim, the amount of compensation you may receive will depend on the circumstances of your claim. Our solicitors will focus on the exact injury you suffered and how this impacts on your life. 

However, the following can give you an idea of how much you may be able to claim:

• possibly £119,000 for loss of bowel function
• potentially £112,000 due to an injury to the bladder
• around £50,000 from chronic pain compensation

What evidence is needed to make a compensation claim?

When you make a medical negligence compensation claim for surgical mesh implants, you will require evidence. This applies to all medical negligence, claims  For example, you may need the:

• records of the expenses you have had to pay due to your surgical mesh implant
• copies of your medical records

However, you must provide medical evidence from a medical expert  to prove a medical mesh injury. This is in the form of a medico-legal report from a medical expert who is independent and objective

Can I claim on a no-win no-fee hernia or TVT mesh compensation claim?

If you are unfortunate enough to suffer a hernia or TVT mesh compensation claim as a result of medical negligence, with National Accident Helpline  you can claim on a no-win no fee basis.

A no-win-no-fee medical negligence compensation claim takes away final risk for you in asking for a compensation claim. As you pay nothing to make your medical negligence claim, if in the unlikely event your surgical mesh implant claim compensation was not due to medical negligence, you have lost nothing.

What is the time limit for making a claim? 

All personal injury claims have a time limit for you to make a compensation claim. You have to start your claim within three years of the medical negligence occurring. If you are not exactly sure what this was, you can use the date of knowledge, which is the day you were aware of the mesh injury. The latter is quite commonly used for surgical mesh claims as often, for example, a hernia mesh complication will not make itself shown until a much later date after the mesh implant surgery.

How long do surgical mesh claim settlements take?

The length of time a surgical mesh claim takes for settlement will depend on the circumstances of your claim.

Will I have to go to court? 

When anyone makes a medical negligence claim, which includes a surgical mesh claim, there is always the possibility they may have to go to court. However, before this puts you off making a medical negligence claim, you should note that it is highly unlikely. At National Accident Helpline, we take pride in the fact that 95% of our personal injury claims are settled out of court.

Sometimes a court date is initially set but then no longer necessary. This is because the medical organisation responsible has admitted they are at fault, so admitted liability so there is no need to attend court.