How Much Do You Get For a Mesh Lawsuit?
If you suffer debilitating injury or illness due to defective hernia mesh products, you may have the right to financial compensation. However, you may be unsure how much you could be awarded in your mesh lawsuit claim.
Every person’s case is different. The amount of compensation you could be awarded will be based upon the impact your injuries have had on your life and other factors. Your hernia mesh lawyer can closely evaluate the circumstances of your case to determine how much your hernia mesh lawsuit could be worth.
Hernia Mesh Lawsuit Settlement Amounts in 2021
Settlement amounts for hernia mesh lawsuits can vary widely based on the severity of a victim’s injuries and the impact their injuries have had on their life. Some hernia mesh lawsuits in 2021 amounted to $50,000. Others amounted to higher figures closer to $250,000. A bellwether trial involving Antonio Milanesi and Bard in April of 2022 led to a settlement of $255,000
Hernia mesh cases have been around for decades, with many on a large scale and involving multiple victims. In 2013, litigation against American Medical Systems resulted in $54.5 million being set aside for victim payouts.
With such a wide range, it is difficult to say how much you could be awarded in your hernia mesh lawsuit. Your personal injury and medical device lawsuit attorney can closely evaluate the way your life has been affected by your injuries, your economic damages, and your non-economic damages to ensure you are seeking maximum compensation.
Who Qualifies For a Hernia Mesh Lawsuit?
If you aren’t sure whether you are eligible for a hernia mesh lawsuit, you can always reach out to your attorney to find out. There are some required criteria associated with hernia mesh lawsuits. Some of these requirements include:
- Having a hernia mesh device implanted as part of a hernia repair surgery
- Suffering health complications or injuries as a result of the defective hernia mesh implant device
These are just a few of the various requirements you’ll need to meet if you hope to move forward with a hernia mesh lawsuit. After examining the specific circumstances of your case, your hernia mesh attorney can give you a better idea of how to proceed.
If your life has been substantially affected by your hernia mesh device injuries, you have the right to hold the manufacturer accountable.
What Are the Issues With Hernia Mesh?
Hernias are one of the most common medical conditions, affecting more than 20 million people annually. Hernia mesh implants have been used to treat a variety of conditions, including:
- Umbilical hernias
- Incisional hernias
- Hiatal hernias
- Femoral hernias
- Inguinal hernias
- Ventral hernias
Doctors take the hernia mesh and use it in and around the muscle wall following hernia surgery. However, hernia mesh products need to be able to exist within the human body without causing significant injury or illness. This is where hernia mesh lawsuits arise.
Many hernia mesh manufacturers produced hernia mesh products made of materials that weren’t safe for the human body. Many lawsuits argue that manufacturers knowingly used materials that were unsafe and failed to inform physicians and the public of the risks associated with these hernia mesh products.
Today, more than 20,000 hernia mesh lawsuits have been filed against hernia mesh manufacturers. One lawsuit involving Ethicon is based in the U.S. District Court for the Northern District of Georgia, and another one against Bard and Davol involves almost 17,000 cases. A suit against Atrium has nearly 3,000 cases. If you are interested in finding out whether you could be entitled to financial compensation following hernia mesh complications, be sure to contact a hernia mesh lawsuit attorney for legal guidance and support.
Defective Hernia Mesh Products
There are multiple hernia mesh manufacturers that have had lawsuits filed against them. Some brands frequently named in hernia mesh lawsuits include Ethicon Physiomesh, Kugel Mesh, and Atrium C-Cur mesh.
You can find out whether your hernia mesh was recalled and whether lawsuits have been filed against the manufacturer of your hernia mesh brand by contacting a lawyer to discuss the details of your case.
Symptoms of Hernia Mesh Injuries
It may not always be clear whether you are suffering complications from hernia mesh defects. If your hernia mesh implant is not successful, you could be dealing with a wide variety of symptoms, including:
- Vomiting
- Nausea
- Chronic abdominal pain
- Bloating
- Fever
- Chronic swelling
- Constipation
- Bowel blockage
- Recurrence of hernias
Generally, when hernia mesh is defective, physical symptoms eventually become so severe you will need to obtain urgent medical attention. Left untreated, these symptoms can become catastrophic or even life-threatening.
Common Injuries Seen With Hernia Mesh
When hernia mesh devices are defective they can cause devastating health complications. Some of the more common injuries and illnesses associated with defective hernia mesh include:
- Mesh migration
- Mesh attachment
- Chronic pain
- Internal infections
- Adhesion to tissues or organs
- Bowel obstruction
- Mesh perforation of tissues or organs
- Seromas
Hernia mesh complications can arise as soon as several days or as long as several years after the device has been implanted. If you are experiencing health complications and you believe your hernia mesh is the cause, you may have the right to financial compensation. A hernia mesh lawsuit attorney can help you explore your legal options further and answer all your questions.
Evidence to Prove the Impact of Your Injuries
In civil court, liability must be proven based on a preponderance of the evidence. This means the evidence presented at court must show the jury that the defendant is more than likely responsible for causing your injuries.
In this case, your lawyer would need to show that the hernia mesh manufacturer knew they were using materials that were harmful to the human body and failed to warn consumers and physicians about the potential complications.
The evidence presented must be compelling. If you had to have a hernia mesh device repair surgery, preserving your defective hernia mesh could prove to be valuable evidence to support your case. Other types of evidence that could be used to help prove liability in your hernia mesh lawsuit include:
- Photos of your injuries
- Witness statements
- Medical records
- Physician notes
- Communications exchanges
- Video of the surgery
Recoverable Damages for Hernia Mesh Injuries
After suffering injuries caused by defective hernia mesh, you have the right to be compensated for not only your financial losses but your non-financial losses as well (collectively known as compensatory damages).
Despite the fact that no amount of compensation will make up for what you’ve been through, being awarded the funds you need to cover your costs and begin to rebuild your life could ease your burden in the future. You have the right to be made whole.
Compensatory Damages
Compensatory damages are also commonly known as economic damages and non-economic damages. Economic damages are monetary while non-economic damages are not.
Non-economic damages include your emotional and physical injuries and trauma. Some of the more common types of damages you could recover in your hernia mesh lawsuit include:
- Loss of income
- Diminished earning potential
- Diminished quality of life
- Loss of consortium
- Physical pain and suffering
- Full coverage of your medical expenses
- Cost of increased insurance premiums
- Emotional distress
Punitive Damages
If the court finds the hernia mesh manufacturer’s actions grossly negligent or egregious, your injury settlement could be increased by an award of punitive damages. Designed as a way of punishing the defendant for abhorrent or intolerable decisions, if you are awarded punitive damages, it could dramatically increase the total amount of your settlement.
Hernia Mesh Lawsuit FAQ
Here are the answers to some of the most frequently asked questions regarding hernia mesh claims across the country.
How Much Will it Cost to Hire a Lawyer?
Most reputable hernia mesh lawsuit attorneys will be willing to work with you on contingency. This means you won’t be asked to cover any expenses unless or until your lawyer wins and produces a financial recovery in your case.
There is little to no risk in having an experienced lawyer cover the costs of building a case against the liable party so you can seek compensation for your damages.
How Long Will it Take to Settle My Case?
It’s difficult to say how long it could take to resolve your hernia mesh lawsuit settlement. After the COVID-19 pandemic set the court system back in 2020, 2021 was spent litigating cases that were previously placed on hold.
Until the court system catches up, you could expect to see delays in your case. However, that doesn’t mean you should wait to get started on your case. The sooner you get working on your lawsuit against the hernia mesh manufacturer, the sooner you could recover the compensation you need to move forward with your life.
Will I Need to go to Court?
It’s possible to settle your hernia mesh lawsuit claim outside of court. If your attorney can get the hernia mesh manufacturer to settle your claim outside of court for a fair and reasonable amount, you may not need to move forward with litigation.
However, since insurance settlements often lowball victims and limit the amount of compensation they offer them, bringing your case to court may be in your best interests. Your attorney can analyze the circumstances of your case and advise you on how to best approach your hernia mesh claim.
What is the Status of the Hernia Mesh Lawsuits?
There have been more than 20,000 hernia mesh lawsuits filed over the years, including those against Bard, Davol, Atrium, and Ethicon explained above. These lawsuits are being filed in all 50 states. There are individual civil lawsuits and hernia mesh class action lawsuits against hernia mesh manufacturers as well.
In June 2022, hernia mesh manufacturer C.R. Bard asked the judge presiding for a docket control order which could have a devastating impact on future hernia mesh plaintiffs. With litigation ongoing across the country, there has never been a better time to get an experienced hernia mesh attorney advocating for your right to maximum compensation.
Have There Been any Hernia Mesh Settlements?
Yes, there have been many hernia mesh settlements. However, not all of them have been made public. It can be difficult to determine how much hernia mesh cases are settling for as many of these settlements are confidential.
However, this is not a good indication of how much you could be awarded, given the wide range of hernia mesh settlements. It’s important to understand that the amount of compensation you would be awarded will directly depend on how your hernia mesh injuries have affected your life.
How Long Does a Hernia Mesh Lawsuit Take?
Hernia mesh lawsuits can take anywhere from several months to as long as several years to settle. Whether the hernia mesh manufacturer is willing to settle your case outside of court during negotiations has a significant impact on how long it could take to obtain compensation in your case. If your hernia mesh claim goes to court, it could take much longer.
However, your efforts in building a claim may prove successful if you are awarded total compensation for your damages at trial. The sooner you contact a mass tort lawsuit lawyer for help moving forward with your hernia mesh lawsuit, the sooner they can get started building your case.
Consult a Hernia Mesh Lawsuit Attorney
If you’re interested in moving forward with your hernia mesh lawsuit or in finding out how much your case could be worth, reach out to a hernia mesh lawsuit attorney for legal guidance and support today. Schedule your no-cost, risk-free consultation by filling out our online contact form.