When Surgical Mesh Implants Cause Avoidable Harm
Surgical mesh implants are medical devices used to reinforce weakened or damaged tissue. They are commonly associated with hernia repair and pelvic procedures, including surgery for pelvic organ prolapse and stress urinary incontinence. The mesh acts as a scaffold, allowing new tissue to grow and integrate with the existing tissue.
While most surgeries pass without issue, some patients experience serious complications, including chronic pelvic or abdominal pain, inflammation, infection, erosion into surrounding tissue, nerve injury, organ damage, bladder or bowel symptoms, and repeated urinary infections. In more severe cases, removal or revision surgery may be required, and the effects can be life-changing.
In circumstances where the failure of the mesh is due to medical error, it may be possible to bring a compensation claim.
Bringing a claim for surgical mesh implant negligence
At McCarthy + Co Solicitors LLP, our team has more than 30 years of experience helping people across Ireland seek fair compensation following substandard medical care. Our medical negligence team is led by John McCarthy, who has extensive experience bringing these types of cases. John also assisted over a hundred women affected by the PIP breast implant scandal, and he brings that same focus, care, and determination to cases involving mesh implants.
Surgical mesh claims can arise in several different situations. Below are common scenarios where there may be grounds to bring a claim.
- Inadequate consent and advice – You were not given clear information about the potential risks, likely outcomes, alternatives, and what to expect during recovery, so you could not make a properly informed decision.
- Mesh used when it was not clinically appropriate – Mesh was recommended or implanted when non mesh options, conservative treatments, or a different surgical approach should have been considered for your circumstances.
- Poor surgical technique during implantation – The mesh was placed incorrectly, tension was excessive, nearby structures were damaged, or preventable complications arose due to substandard surgical practice.
- Failure to recognise and investigate symptoms promptly – Your concerns were dismissed, or warning signs were not properly assessed, leading to delays in diagnosis and treatment of complications such as erosion, infection, nerve injury, or organ involvement.
- Delayed referral to an appropriate specialist – You were not referred in a timely way for specialist assessment, imaging, or management, including consideration of removal or revision surgery when indicated.
- Inadequate follow up and aftercare – Post operative monitoring was insufficient, follow up appointments were not arranged appropriately, or complications were not managed to an acceptable standard.
- Poor record keeping and missing implant details – The type of mesh, batch information, operation notes, or consent documentation are incomplete, inaccurate, or missing, which can indicate broader failings in your care.
- Defective mesh product – The device itself may have been unsafe or unsuitable due to design issues, manufacturing defects, or inadequate warnings, which may give rise to a product liability claim, as well as a medical negligence claim, depending on the circumstances.
If you are unsure whether your experience meets the legal threshold, we can review the details with you and explain the options available.
How we build your case
Mesh cases are often complex, particularly where symptoms develop over time. Our role is to investigate what happened, identify whether your care fell below an acceptable standard, and establish a clear link between any negligence or defect and the harm you have suffered.
We can obtain and review your medical records, consent documentation, and operative notes, confirm the implant details where possible, and arrange independent expert medical opinion when needed. We will then advise you on the strength of the case, the likely route to progress it, and the next steps.
Speak to a solicitor in confidence
If you believe you have been harmed following a surgical mesh procedure, you can arrange a confidential consultation with our team. Simply complete our online enquiry form, or call us, and a member of our support team will be in touch.
Call us Freephone to Discuss Your Case:
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Meet John McCarthy
John McCarthy is a partner at McCarthy + Co Solicitors LLP, with more than 20 years of experience in medical negligence and product liability claims. His litigation experience extends to the High Court and Supreme Court, and he is committed to securing the compensation his clients need to manage the lasting consequences of failed medical procedures and implants.
John holds a diploma in civil litigation from the Law Society of Ireland and is a member of Action Against Medical Accidents (AvMA), the leading patient safety charity. He is also the author of A Patient’s Guide to Bringing a Claim for Medical Negligence. If you have suffered following a surgical mesh procedure, you can contact John directly at john@mccarthy.ie.
Frequently Asked Questions
Some of the questions often posed to our medical negligence team.
If I have complications, does that automatically mean negligence occurred?
No. Some complications can occur even when care is appropriate. A claim may be possible where your care fell below an acceptable standard, and that failure caused avoidable harm. Establishing this usually requires a detailed review of your records and independent expert evidence.
What does informed consent mean?
Informed consent means you should receive clear, understandable information about material risks, the likely benefits, and reasonable alternatives, so you can make a properly informed decision. Consent is not just a signature on a form; it is a process of discussion.
What if I was not warned about chronic pain, erosion, or the possibility of removal surgery?
If a significant risk was not explained, and you would have chosen a different option if you had been properly informed, that can be relevant to a negligence claim. The key issues are what you were told, what a reasonable patient in your position would likely want to know, and what you would have decided with full information.
How do you prove negligence in a surgical mesh claim?
Claims are usually built using:
- Your GP and hospital records, including consent notes, operative notes, and follow-up letters
- Evidence of your symptoms, treatment, and outcomes after surgery
- Independent expert opinion on whether care met an acceptable standard, and whether any failing caused your injury
Expert evidence is central in clinical negligence cases.
How long do I have to bring a surgical negligence claim in Ireland?
Time limits depend on the facts, but medical negligence claims have a two-year period linked to the “date of knowledge”, meaning when you first knew, or should reasonably have known, that you suffered an injury, and that it may be attributable to an act or omission.
Because limitation can be complex, especially where symptoms develop gradually, it is sensible to seek legal advice as soon as you suspect that your complications may be linked to negligent care.
What compensation can a successful claim cover?
Compensation may reflect both the impact on your quality of life and the financial consequences of the injury. Depending on your circumstances, it can include:
- Pain, suffering, and loss of amenity
- Costs of treatment, medication, and therapies
- Travel expenses, care needs, and assistance at home
- Loss of earnings, and future loss of earning capacity
- Costs associated with revision or removal surgery, where appropriate
Will I have to go to court?
Many cases resolve without a full trial, but every case is different. If liability is denied, or if a fair settlement cannot be achieved, court proceedings may be necessary. A key part of early case preparation is obtaining expert evidence so that you can make informed decisions about the best way to proceed.
Useful Resources
Some links relating to this topic that you may find useful.
- Drugwatch – Hernia Mesh Failure
- NIH – Mesh complications and failure rates
- The Irish Times – Surgical mesh failure rates unacceptably high
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