If you are reading this, you are likely suffering from chronic pain, infection, or recurrence after a hernia repair. You want answers, and you want to know if you can hold the manufacturer accountable.
However, litigation is governed by strict rules. When you contact a law firm, you might hear questions like: “Was your surgery after 2013?” or “Have you had a revision surgery?”
At Nigh Goldenberg, we believe in transparency. Here is the plain-English explanation of why these two criteria matter so much.
Rule #1: The “Implanted After 2013” Cutoff
The most common question we get is: “My mesh was put in back in 2010 and it hurts now. Why don’t I qualify?”
The answer is hospital retention policies with medical records. Most hospitals do not retain medical records, including records of what hernia mesh was implanted in a patient, for more than 10 years. Some hospitals destroy the records of what hernia mesh was implanted in a patient in 7 years or less. In 2026, Nigh Goldenberg Raso & Vaughn have found it to be exceedingly rare that they are able to obtain medical records evidencing which hernia mesh device was implanted in patients prior to 2014.
Rule #2: The “Revision Surgery” Requirement
The second major requirement is that you must have had Revision Surgery (or major treatment for complications) in 2018 or later.
“Revision surgery” means a surgeon had to go back in to remove, replace, or repair the original mesh.
Why is a hernia mesh revision surgery required?
In a court of law, we must prove damages.
Unfortunately, “pain” alone is subjective and hard to measure legally. However, a second surgery is more concrete and can provide evidence that the hernia mesh device failed.
- Qualifying Scenario: You had hernia mesh implanted in 2014. In 2026, the hernia mesh caused an infection and bowel obstruction, requiring a surgeon to remove it.
- Non-Qualifying Scenario: You have mesh from 2014 and it feels “stiff” or uncomfortable sometimes, but no doctor has recommended surgery. (This is not enough for Nigh Goldenberg Raso & Vaughn to initiate a hernia mesh lawsuit).
Note: If you have not had surgery yet, but a doctor has scheduled it or told you that removal is medically necessary, please contact us immediately.
Checklist: Do You Potentially Have a Case?
To save you time, review this simple checklist based on our current intake criteria:
Criteria | The Requirement | Why? |
Implant Date | After January 1, 2013 | Increases the likelihood that we can obtain evidence of the exact hernia mesh that you were implanted with. |
Injury Date | Revision Surgery in 2018 or Later | Increases the likelihood that we can obtain evidence of the heirna mesh device failing. |
The Device | Polypropylene, Polyester, or ePTFE | Currently taking hernia mesh cases made from polypropylene, polyester, or ePTFE (Gore-Tex). |
Exclusions | Not a Minor | Most hernia mesh devices that we litigate are contraindicated in those under 18 years old and who are still growing. |
What If I Don’t Know What Mesh I Have?
This is normal. 95% of our clients do not know the brand name of hernia mesh they were implanted with.
You do not need to know the hernia mesh brand name to call us.
If you meet the Date and Surgery criteria above, our team can order your medical records to identify the exact hernia mesh that was implanted in you.
Ready to Check Your Eligibility?
If you looked at the checklist above and thought “That’s me,” we need to speak with you. The clock is always ticking on hernia mesh claims.
FAQ: Hernia Mesh Claims
What if my revision surgery is scheduled for next month?
Call us now. You do not need to wait until the surgery is over to start the legal process. In fact, preserving the mesh after it is removed is a critical step we can help you with.
Does this cost me anything?
No. We work on a contingency fee basis. We only get paid if we secure a settlement for you.
I had surgery in 2012. Is there any exception?
Exceptions are rare, but if you had a very recent failure (revision surgery in the last 12 months), it is worth a quick conversation to see what we are able to do.
