Hernia Mesh Lawsuit FAQ
Design defects and manufacturing mistakes have led to hernia mesh device complications requiring revision surgeries and removal. Many hernia mesh lawsuits have involved mesh-associated infections, bowel obstruction, adhesion, scar-like tissue, severe abdominal pain, implant migration, and tissue perforation.
Many injured patients have filed hernia mesh injury lawsuits seeking justice and compensation for their damages. A personal injury attorney has answered some of the most frequently asked questions involving hernia mesh lawsuits below.
What is a Hernia Mesh Injury Lawsuit?
The FDA (Food and Drug Administration) approved hernia mesh to improve surgery and recovery outcomes in patients requiring hernia repairs. Surgeons use a surgical mesh (hernia mesh) around hernias stabilized with glue, staples, or stitches. Over time, the porous material allows tissue to regrow through the device.
However, within years the FDA initiated hernia mesh recalls or allowed the manufacturer to voluntarily recall their product from the medical marketplace due to defects and complications. Many lawsuits argue that some hernia mesh products were defectively designed, resulting in revision surgeries that would not have happened had a better product been utilized.
How Much Can You Get From a Defective Mesh Claim?
Many patients have filed hernia mesh lawsuits, seeking compensation from the manufacturer who designed or sold a defective product. These cases are built on product liability tort law.
In 2011, a multidistrict litigation settlement was negotiated, resolving over 2000 cases of defective C.R Bard Kugel Composix hernia mesh claims. In these cases, plaintiffs received approximately $60,000 each.
Your claim's value might be different than another patient's who suffered similar injuries due to the unique circumstances of your case and the extent of your damages. That said, similar defective medical device lawsuits have reached negotiated settlements of between 50,000 and $1 million, depending on the severity of damages.
What are the Statute of Limitations on the Hernia Mesh Lawsuit?
An injured patient can file a hernia mesh lawsuit based on their states' unique statute of limitation laws. In Illinois, the patient has two years to file a medical malpractice or product liability lawsuit based on the date of discovery of their injuries.
Waiting past the specific time to file a medical malpractice lawsuit bars the victim from ever seeking compensation. Thus, it is crucial to hire a personal injury lawyer before the statute expires to ensure that all necessary documents are submitted to the proper county courthouse on time.
What Percentage of Lawyers Taken a Hernia Mesh Lawsuit?
Typically, personal injury attorneys handling products liability lawsuits and medical malpractice cases will negotiate a one-third (33.33%) agreement to negotiate a hernia mesh injury settlement. One-third is the standard charge for legal fees unless the case must go to trial when the defendant refuses to make an acceptable offer.
Personal injury attorneys presenting the case in front of a judge and jury typically take 40% of the jurors' verdict. The plaintiff (injured party) must also pay for all court costs and expenses associated with building a case for trial.
What Court Hears Hernia Mesh Lawsuits?
Hernia mesh attorneys typically filed lawsuits in federal court when seeking compensation on behalf of the victim injured by defective mesh implants. However, some cases are filed in state court.
Some defective medical device class action lawsuits are negotiated for just a pittance of their value when thousands of injured parties want compensation for their damages. Some mesh manufacturers will propose settlements ranging in the tens of millions of dollars or a hundred million dollars or more, resulting in an agreement that is pitifully inadequate to help every victim.
Because of that, many personal injury attorneys filed separate hernia mesh lawsuits not associated with class-action suits to ensure their clients receive the compensation they deserve. A hernia mesh lawyer can value their client's cases on the injury's severity, complications that caused the damage, and all other expenses the victim has acquired.
How Do I Know If I Qualify for the Hernia Mesh Lawsuit?
Did you undergo a hernia repair surgical procedure? Are you experiencing severe complications that might involve infection, mesh migration, bowel perforation, organ puncture, and excruciating pain?
You are likely entitled to file a civil lawsuit seeking compensation from the device manufacturer (product liability) or the surgeon that operated (medical malpractice). To date, thousands of injured patients have filed claims seeking justice and compensation.
An attorney can determine if you qualify to file a hernia mesh compensation claim during a free lawsuit consultation. Be sure you bring specific information to prove you have a claim, including:
- The type of hernia mesh product and the manufacturer and brand
- Your implant surgery date
- Where you had the surgery performed
- The name of the surgeon performing the procedure
- A list of all the complications and health problems you suffer
- Any medical records showing a hernia mesh complication diagnosis
- A personal diary or other information that dates when your complication appeared
Can Family Members File a Hernia Mesh Surgery Wrongful Death Lawsuit?
Family members who lost a loved one through a mistake with a hernia repair or revision surgical procedure can file a civil wrongful death lawsuit against the mesh manufacturer or operating surgeon. Typical defendants in a wrongful death mesh injury lawsuit might include Ethicon Physiomesh, C.D. Bard, Johnson & Johnson, and others.
How Long Will a Hernia Mesh Claim Normally Take?
Typically, resolving a product liability case or medical malpractice lawsuit can take up to two years if the claim is resolved through a negotiated settlement. Typically, the injured party will seek a diagnosis of their complications associated with the hernia mesh product and document the diagnosis in their medical records.
Next, the injured patient will speak with a personal injury attorney specializing in medical malpractice and product liability cases to discuss their injuries. An attorney working on your behalf will build a case, send the defendant's insurance company a demand letter, and wait for a reply or settlement offer.
Finally, after 12 to 18 months, the injured party's lawyer will sit down with the defendant's lawyers to negotiate an acceptable settlement amount to resolve the case entirely. If a settlement agreement cannot be made, the case will go to trial, which could take 3 to 4 years to complete.
When Will I Receive My Hernia Mesh Lawsuit Settlement Check?
Did your attorney and the defendant's insurance company or lawyers finally reach a negotiated settlement to resolve your mesh hernia lawsuit? Are you waiting for your settlement check to arrive, and wonder why it is taking so long?
Typically, plaintiffs can expect to receive their settlement check approximately 6 to 7 weeks after completing the negotiation. Once the check arrives at the plaintiff's law office, their attorney will ensure that all outstanding bills, including medical expenses and hospitalization costs, are paid, if necessary.
Next, funds will be taken from the total amount to pay for any court costs, filing fees, and expenses associated with building and settling a claim, including postage and travel costs.
Finally, the injured party will receive their check minus all expenses, including the attorney fees of approximately one-third (33. 33%) if the case was settled, and 40% of the case resulted in a jury verdict.
Who Pays the Fees in a Hernia Mesh Lawsuit?
Nearly all personal injury cases, including those involving hernia mesh injuries, are accepted by attorneys through a contingency fee agreement. This arrangement postpones paying any fees or expenses on the case until the lawsuit is resolved through a negotiated settlement or jury trial verdict.
However, once the case is resolved successfully, the attorney will pay all associated fees and costs with negotiating a claim or winning a case at trial from the total amount paid by the defendant's insurance company. In the end, the plaintiff pays for all fees and expenses.
According to the agreement to build an attorney-client relationship, these fees might include cost of their lawyer services that is likely one-third (33.33%) if the case is settled and 40% if the case was heard in front of a judge and jury.
Where Do I Start With a Hernia Mesh Lawsuit?
So far, thousands of individuals have filed a hernia mesh lawsuit to obtain financial compensation to recover from their severe complications and side effects. Many injured parties hired personal injury attorneys specializing in product liability medical malpractice cases due to the civil tort law complexities.
To initiate a hernia mesh claim, consider:
- Speaking with a product liability attorney to discuss your case;
- Find out if the hernia mesh surgical implant manufacturer recalled their product;
- Identify the dates involved with your hernia repair surgery or revision surgery;
- Determine if you have passed the deadline to file a civil lawsuit based on your state statute of limitations.
Your lawyer will know what specific court is designated to handle hernia mesh lawsuits, which might even involve filing your claim out of state. You will also want to select a law firm that accepts cases through contingency fee agreements, where they pay all upfront costs until the case is resolved successfully.
How Do Hernia Mesh Complications Affect a Hernia Mesh Claim?
Typically, hernia mesh complications are the foundation of hernia mesh lawsuits where the injured party experiences bowel perforation, construction, adhesion, hernia recurrence, infection, and pain issues.
These cases are typically built on medical malpractice, where the surgeon did something wrong or product liability, when the medical device maker designed, manufactured, marketed, distributed, and sold the defective product.
More than a decade ago, plaintiffs injured by hernia mesh devices were winning multimillion-dollar verdicts against manufacturers, including C.R Bard Kugel. In 2010, that manufacturer agreed to resolve over 3000 hernia mesh lawsuits for over $184 million.
Will My Hernia Mesh Lawsuit Go to Trial?
Over 95% of all personal injury lawsuits involving medical malpractice and product liability are resolved out of court through a negotiated settlement. That said, some medical device lawsuits sharing similar damages are assimilated into MDL (multi-district litigation) cases that will most likely involve bellwether trials to determine the value of each case.
To avoid class-action lawsuits and MDL (multi-district litigation), some plaintiffs have chosen to file independent lawsuits to hold the manufacturer or surgeon financially accountable for their damages.
Many of these cases are built on negligence, where the hernia mesh maker knew there was a significant problem, or should have known, including the material's inflammatory properties. Lawsuit documents claim that the mesh manufacturer failed to provide injured victims adequate risk warnings through their product materials and package labeling.
Products involved in hernia mesh lawsuits involve companies failing to adequately test the mesh using clinical trials before the devices were released for sale in the medical marketplace.
Which Hernia Mesh Products Were Recalled by the Federal Drug Administration?
More than sixteen years ago, the first cases involving hernia mesh complications initiated FDA and voluntary recalls on hernia mesh products, including Ethicon Physiomesh, C.R Bard, and Atrium Medical. Over the next few decades, more than 200,000 units of defective products were recalled from the medical marketplace.
Many injured patients required hernia mesh revision surgery when the defective device migrated or broke in place, causing extensive pain and internal organ damage. In some cases, the patient had no other option than to undergo a procedure to remove the mesh.
However, the broken material made it nearly impossible for surgeons to locate and remove all mesh pieces, especially parts that had migrated into the abdominal wall. Other pieces adhered or punctured internal organs, making removal impossible.
What is the Best Firm to Use for a Hernia Lawsuit?
The ideal candidate for a personal injury attorney handling a hernia mesh case is a law firm currently representing clients with hernia mesh injuries. These lawyers will know how to determine if the statute of limitations expired and if the plaintiff still has standing in a personal injury claim.
The law firm will know where to file the case and the local community, or if the case would be consolidated into Multi-District Litigation (MDL) in a different state. Typically, MDL cases are handled differently, where the court in another state makes initial determinations involving discovery questions.
Nearly all cases that are not settled before going to trial are transferred to the plaintiff's local court to negotiate an out-of-court settlement or proceed to trial.
Which Law Firm in Illinois is Part of the Hernia Mesh Lawsuit?
For decades, the personal injury attorneys at Rosenfeld Injury Lawyers, LLC, have successfully resolved many product liability medical malpractice cases on behalf of their clients. The law firm has earned millions of dollars in jury verdicts and negotiated settlements to ensure their clients receive adequate financial compensation for their damages.
A hernia mesh attorney (888) 424-5757 (toll-free phone call) can determine which potential candidates are eligible to file a claim. The attorneys accept cases through contingency fee agreements to avoid the plaintiff paying any upfront costs until the case is settled.
What are the Grounds for Filing a Hernia Mesh Lawsuit?
Like all personal injuries at lawsuits involving product liability medical malpractice, the plaintiff or their attorney must prove how the product or procedure caused their injuries. The legal grounds for successfully resolving a hernia mesh case include:
- The hernia mesh's defective design or manufacturing defect was harmful (product liability);
- The surgeon failed to follow established protocols when performing the surgical procedure involving hernia meshes (medical malpractice);
- The hernia mesh was improperly labeled and did not include warnings concerning the dangers of using the product (product liability/negligence).
Any single one or combination of the three grounds listed above resulted in the plaintiff's damages.
I Am Interested in Filing a Hernia Mesh Lawsuit. What Do I Do Now?
People interested in filing a hernia mesh injury claim were injured through the hernia mesh manufacturer releasing a dangerous product in the medical marketplace. Others build lawsuits on the manufacturer's failure to ensure consumers were warned about their defective products.
Have you experienced many of the side effects of a defective hernia mesh product, including pain and suffering, tissue erosion, internal bleeding, organ perforation, implant rejection, mesh movement inside the body, adhesion problems, mesh shrinkage, or hernia recurrence?
You are likely entitled to file a hernia mesh claim for financial compensation to recover your damages. Hiring an attorney specializing in product liability and medical malpractice cases can hold the medical device manufacturer financially liable for the defective product that endangers the public.
A reputable hernia mesh attorney typically provides free consultations to discuss their client's injuries and provide answers on how to move forward with a hernia mesh lawsuit.