How Far in Litigation is The Hernia Mesh Lawsuit?
Have you suffered debilitating injury or illness as a result of hernia mesh? If so, you may have the right to financial compensation from the manufacturer. There have been thousands of hernia mesh lawsuits filed over the years.
Your right to seek compensation can depend on when you start your case and the specific laws governing your state. A defective medical device lawyer can determine whether you have grounds to sue and if so, help you navigate the complex legal process of your hernia mesh lawsuit.
What Is a Hernia Mesh Lawsuit?
Hernia mesh lawsuits are filed by individuals who suffer debilitating injuries after hernia mesh complications. The hernia mesh lawsuits claim that the manufacturers failed to warn patients and physicians about the risks of the hernia mesh, that the implant devices were defectively designed, and that there were even flaws in manufacturing.
Claims have also been filed against physicians who implanted hernia mesh as part of medical malpractice claims.
When To File a Hernia Mesh Lawsuit
It can be difficult to know which complications or injuries qualify for a hernia mesh lawsuit. People who have filed hernia mesh lawsuits have suffered severe complications from hernia mesh that have often required revision surgery.
There are still some types of hernia mesh complications seen more frequently in lawsuits than others, including:
- Chronic pain caused by inflammation or nerve damage
- Hernia mesh migration
- Adhesion to other tissues and organs
- Bowel obstruction when the hernia mesh sticks to intestines
- Hernia mesh perforation through tissues or organs
- Hernia mesh implant failure
- Recurrence of hernias
- Multiple hernia revision surgeries
- Buildup of fluid pockets (also known as seromas)
- Burning sensations caused by pinched nerves near the groin or testicles
- Long-term or delayed complications of hernia mesh surgery
These are just a few of the complications seen in hernia mesh surgeries. If you suffered another type of complication, injury, or illness as a result of hernia mesh, you may have a right to compensation. A hernia mesh lawsuit attorney can help you further explore your legal options.
Types of Hernia Mesh Lawsuits
There are multiple types of hernia mesh lawsuits that may be available depending on the circumstances of your case. Some common causes of action against hernia mesh manufacturers include:
- Failure to warn: Hernia mesh manufacturers failed to warn physicians and patients about the associated risks and complications.
- Defective product design: The inherent design of the hernia mesh is dangerous for patients.
- Manufacturing defects: Manufacturing defects in hernia mesh involve issues with the build of the hernia mesh, not necessarily the product design itself.
Status of Hernia Mesh Lawsuits
There are currently more than 20,000 lawsuits pending against various hernia mesh manufacturers, including:
- Atrium Medical Corp.
- Davol Inc./C.R. Bard
Due to the onset of COVID-19 in 2020, hernia mesh bellwether trials were rescheduled. The first hernia mesh trial occurred in August 2021.
Here, C.R. Bard and Davol Inc. won their bellwether trial. Other trials have since been postponed while lawyers and their clients work to build compelling cases against hernia mesh manufacturers.
Hernia Mesh Lawsuit Litigation
You may be interested in moving forward with litigation for your hernia mesh injuries when you have suffered severe financial, emotional, or physical damages as a result of your hernia mesh surgery.
Hernia mesh manufacturers have been accused of designing and manufacturing products that were inherently defective and subsequently mislabeled. Manufacturers have been accused of purposefully using materials known for breaking and causing complications in order to reduce costs.
They then failed to notify consumers and physicians about the risks of these devices, allowing tens of thousands of patients to endure devastating injury and illness as a result.
Who Is Eligible For a Hernia Mesh Lawsuit?
It is not enough to have undergone hernia mesh surgery. You must also have suffered complications that had a significant impact on your life.
Some of the eligibility requirements for a hernia mesh lawsuit include:
- Having required hernia revision surgery
- Having required other surgery due to hernia mesh complications
- Having hernia repair surgery that used mesh on or after January 1, 2006
- Suffering severe post-op complications such as intestinal blockage, hernia recurrence, organ perforation, marsh migration, adhesions, or chronic pain
- Needing additional surgery due to hernia mesh complications
- Needing additional surgery due to hernia mesh complications but not being physically capable of undergoing this surgery due to healthcare issues
A hernia mesh lawsuit attorney can determine whether your complications give you grounds for a case.
What Statute of Limitations Applies to Your Hernia Mesh Lawsuit?
Your ability to sue could be based on when your hernia mesh surgery and revision surgeries occurred. You may have grounds for a hernia mesh lawsuit if your surgery occurred after January 1, 2006.
However, depending on the state you live in, there may also be a statute of limitations limiting the length of time you have to file a claim. You might have as few as six months or as many as four years depending on where you live. A hernia mesh attorney can ensure your suit is filed within the time limit.
The “Discovery Rule” in Hernia Mesh Lawsuits
Under the discovery rule, you can get the statute of limitations stayed until you discover that your injury or illness was caused or could have been caused by hernia mesh.
Once you know or should have known that the hernia mesh surgery caused your complications, the statute of limitations will begin.
What Influences the Time It Takes for a Hernia Mesh Lawsuit to Settle?
There are many factors that can determine how long it will take for a hernia mesh lawsuit to settle. Generally, it depends on how willing the hernia mesh manufacturer is to settle the claim.
Many hernia mesh manufacturers choose to settle quickly to avoid going to court. In the past, hernia mesh lawsuits were consolidated into multi-district litigation cases which allowed injury victims to recover compensation in a timely manner. However, your attorney may advise you to move forward with an individual civil or insurance claim against the hernia mesh manufacturer.
What Impacts a Hernia Mesh Settlement Amount?
Hernia mesh settlement amounts are not publicly announced at this time. However, in 2011, one hernia mesh manufacturer, Bard Davol, settled 2,600 Kugel hernia patch lawsuits for $184 million. That case was closed in 2017.
Since every person’s life has been affected differently by their hernia mesh complications, it’s hard to say how much your case could be worth. Some of the different factors taken into consideration include:
- The economic impact of your injuries
- The severity of your injuries
- The impact of your injuries on your quality of life
- The future impact of your injuries financially, physically, and emotionally
What Is the Process for Filing a Hernia Mesh Lawsuit?
You may be unsure of what happens when you hire a hernia mesh lawyer. First, your attorney can file your insurance or civil claim. The hernia mesh manufacturer will then have the opportunity to file a response to your complaint.
At that point, discovery can ensue, where both parties have the opportunity to review evidence gathered by the other. At this point, you may be able to resolve your case outside of court through the insurance company.
However, if the hernia mesh manufacturer is unwilling to settle outside of court, you and your lawyer can move forward with your lawsuit. Your attorney could then argue the hernia mesh manufacturer’s negligence in pursuit of compensation for your damages.
Recoverable Damages In a Hernia Mesh Lawsuit
Victims of hernia mesh surgeries have the right to seek compensation for every loss they suffered as a result of their injuries. This includes both economic damages and non-economic damages.
What Are Economic Damages?
Hernia mesh victims often suffer considerable medical expenses as a result of their injury or illness. Fortunately, medical expenses are one of the most common types of economic damages you could recover in your hernia mesh lawsuit claim.
Some of the other types of financial or economic damages you could recoup include:
- Hospital bills
- Ambulance fees
- Cost of prescription medications
- Cost of physical or occupational therapy
- Cost of mental health counseling
- Diagnostic imaging fees
- Transportation expenses
- Future medical care
- Medical equipment
- Loss of income
- Diminished earning capacity
- Loss of household services
- Cost of increased insurance premiums
What Are Non-Economic Damages?
In addition to your economic damages, you can also claim non-economic damages. These do not have a financial value and instead describe the ways your life has been affected by your injuries or illness.
Some of the different types of non-economic damages you could pursue in your hernia mesh lawsuit include:
- Loss of enjoyment of life
- Diminished quality of life
- Loss of consortium
- Pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement or skin scarring
What Are Punitive Damages?
Punitive damages can be awarded in cases where the jury finds the defendant’s actions grossly negligent or abhorrent. They are the court system‘s way of punishing the defendant beyond the compensatory damages you are entitled to recover.
Since many hernia mesh manufacturers understood that they were creating products using defective materials that could cause serious injury and complications, punitive damages may be applicable in many hernia mesh lawsuit cases.
You can find out whether you could be awarded punitive damages in your hernia mesh case when you reach out to your lawyer to discuss your damages in greater detail.
Hernia Mesh Lawsuit FAQs
We understand how complicated the hernia mesh lawsuit process can be. Below are answers to some of the most frequently asked questions regarding hernia mesh lawsuits. Your lawyer can answer any questions not addressed here.
Will I Have to Go to Court?
Many hernia mesh lawsuit cases can settle outside of court with the insurance company and hernia mesh manufacturer. However, if your insurance settlement does not adequately meet your needs or the manufacturer is unwilling to settle your claim fairly, your mass tort lawsuit lawyer can bring your hernia mesh lawsuit to trial.
What Evidence Can Be Used to Support my Case?
If you have your hernia mesh removed as part of revision surgery, make sure you have it preserved to be used as evidence in your case.
Other types of evidence you could use in your hernia mesh lawsuit include physician statements, medical records, doctor’s notes, journals, and photos of your injuries.
How Much Will it Cost to Hire an Attorney?
The vast majority of hernia mesh attorneys will be willing to work with you on a contingency basis. Contingency agreements put you first. After everything you’ve been through, we understand you may not have the money right now to cover a lawyer’s fees.
Contingency agreements mean your attorney handles all of the legal details of your case, including covering all the costs of building a claim against the liable party. You won’t be expected to cover anything unless or until your attorney wins your compensation case. If they do, your lawyers can simply take their fees out of a percentage of your total settlement package.
Talk to a Hernia Mesh Lawsuit Attorney
If you’ve experienced debilitating illness or injury as a result of hernia mesh, you may be entitled to financial compensation. Reach out to a hernia mesh lawsuit attorney to discuss your legal options for financial recovery.
Let our lawyers help you pursue the compensation you need to get through this difficult time in your life. Fill out our convenient contact form or call our office at 1-800-874-8678 to get started today.