Mesh has been used for many decades to treat hernias. This allows doctors to quickly repair hernias. Patients can leave the hospital the same day of the procedure.
However, the problems with surgically implanted hernia mesh can begin weeks or years after the surgery. This is often a decaying piece of synthetic material that is no longer effective as time passes. In a worst-case scenario, it can harm the rest of your body.
Thousands of patients have filed lawsuits for defective hernia mesh devices. The time when you file your mesh lawsuit is critically important to your case.
Our law firm helps you when you have been injured by hernia mesh implants.
The Dangers of a Hernia Mesh Product
Hernia mesh is not the safe product that its manufacturers have promised. While there have been many successful hernia repairs using surgical mesh, the patients who experience complications from mesh failure will have one of a number of serious symptoms.
The major problems after hernia repair surgery can be with the mesh itself. Specifically:
- The mesh can migrate out of place and damage surrounding tissue and internal organs
- The mesh can shrink and fail to provide the necessary support to keep inguinal hernias repaired
- The mesh can perforate or break into small pieces. These pieces can then move elsewhere in the body, harming internal organs.
- Hernia mesh can adhere to internal organs or cause tissue and organ to stick together
Common Side Effects That Are Part of a Hernia Mesh Claim
Here are some of the side effects that patients may suffer as a result of the problems listed above:
- Chronic pain
- Bowel obstruction
- Hernia recurrence
- Bowel perforation
Obstruction complications can be life-threatening, and they often require emergency surgery to treat.
The good news is that manufacturers can be held liable when they have sold you defective products.
Not only do they need to pay you medical costs, but they would also need to compensate you for things like pain and suffering and wages that you could have earned but did not.
However, you have to file a hernia mesh claim first, and you must follow all of the rules and laws that govern lawsuits. Right now, many hernia mesh claims are pending in courts in Rhode Island.
The Challenges that a Hernia Mesh Lawyer Will Help You Face
Hernia mesh manufacturers try very hard with their high-priced lawyers to find ways to escape responsibility for defective hernia mesh cases.
Their favorite trick is to find some procedural way to get your hernia mesh lawsuit thrown out of court without even having to reach the merits of the case.
This will save them money and reduce the legal risk that they face. Most hernia mesh lawsuits will see defendants trying to use some procedural arguments to get the case dismissed.
Besides challenging whether the court that you have chosen has the jurisdiction to hear the case, they may also contest whether you have filed your lawsuit for hernia mesh complications in the time period required by the law.
Is it Too Late to File a Hernia Mesh Lawsuit?
This is one of the many questions that we are asked at a free consultation. In some cases, hernia mesh victims have felt pain for quite some time and are wondering whether they can still sue.
This is an important question, and we will likely have additional things that we want to know before we can give you legal advice. Hernia mesh victims need to move relatively quickly to get the legal process started.
However, they cannot move too quickly where they cut corners in their legal case in the name of speed. The best thing to do is to consult a hernia mesh attorney.
Why You Must File a Hernia Mesh Lawsuit in a Timely Manner
Each state has its own time limit for when you can file a claim for hernia mesh failure. This is known as the statute of limitations.
This is a hard time limit that you have to sue for defective hernia mesh. If you miss this deadline, you are largely out of luck when it comes to hernia mesh compensation unless very limited exceptions apply.
If you are late in filing a hernia mesh lawsuit, you will not even get your day in court. The defendant will file a motion to dismiss your case before the jury even gets to hear the merits of your arguments.
The plaintiff’s position will never be heard. This is an argument that has worked for some defendants, including one recent case where Medtronic successfully argued that a New Mexico woman’s case should be dismissed for missing the statute of limitations.
Statutes of limitations apply in both state and federal court. When your case for defective products is heard in federal court, the judge will apply the law in the relevant state as opposed to their own rules.
This is why the injured party needs an experienced lawyer to help them take legal action because there are so many factors at play in a given case.
The Statute of Limitations for Hernia Mesh Lawsuits
The general legal rule is that the statute of limitations begins to run at the time that you were injured or should have known that you were injured. There are strong public policy reasons for this.
It is only fair that a defendant not be on the hook in a mesh lawsuit for an indefinite period of time.
If a hernia mesh victim is able to bring a potential hernia mesh claim a decade after the fact, a defendant would have little predictability.
In Illinois, the time limit for filing a personal injury is two years. However, not all issues are black-and-white in a hernia mesh lawsuit case. Hernia mesh victims do not begin to feel side effects the day of the surgery.
Note that the statute of limitations in a medical malpractice case may be different, depending on the state in which you are filing the case.
How a Hernia Mesh Lawsuit Statute of Limitations Helps You
While it seems like a statute of limitations is solely there to protect the defendant, there are benefits for a hernia mesh victim too.
When you are filing a hernia mesh lawsuit, you must have the proof necessary to show the jury what happened. Whether this is physical evidence or witness testimony, this evidence can be lost over time.
In any product liability case, it is not what happened that is important. Instead, it is what you can prove. The statute of limitations forces you to file your hernia mesh lawsuit while the evidence is still relatively “fresh.”
How the Discovery Rule Comes Into Play
The discovery rule is meant to keep injured patients from waiting to file their lawsuit. They are not allowed to ignore symptoms of hernia mesh failure.
While they may not seek medical treatment at the first possible instant, the statute of limitations to file a hernia mesh lawsuit begins to run when they should have known about their injuries.
In some ways, this legal theory is also meant to help the plaintiff. Hernia mesh manufacturers would more than gladly argue that the statute of limitations should begin to run when the surgical mesh is implanted in the patient.
The discovery rule allows the plaintiff time from when the injury occurred to file a lawsuit. The hernia mesh injury does not occur immediately after the surgery.
In hernia mesh lawsuits, the rule is that the time clock for filing a lawsuit begins to run when the plaintiff should have known that they were injured.
This is why it is important to both see a doctor and contact hernia mesh attorneys as soon as you believe that your pain or symptoms come from defective hernia mesh.
The Reasonable Person Standard
Most personal injury court cases will involve some inquiry into what a reasonable person would have done or known. Statute of limitations questions are no different.
If a defendant has claimed that you missed the statute of limitations deadline because you should have known that you were injured, the question would be whether a reasonable person would have known that the symptoms that they were experiencing were signs of a hernia mesh injury.
The defendant may get access to your medical records to try to prove what you should have known and when you should have known it. They will try to argue that a reasonable person may have known of their injury long before you did.
When Do Injuries Occur from Defective Surgical Mesh?
One of the common issues with hernia mesh lawsuits is when the plaintiff should have known of their injury. This is especially true when there has been mesh migration or disintegration.
They may begin to feel pain at a certain point. That may be when the statute of limitations would begin to run. Remember that the period to sue begins when the patient knew or should have known that they were injured.
This means that hernia mesh victims cannot wait for an indefinite period of time to file a surgical mesh lawsuit when they are beginning to feel symptoms.
Theoretically, the time to sue for defective hernia mesh could begin when you have seen a doctor to complain about pain from a hernia mesh implant.
Alternatively, it can begin when you start to feel pain. The timeline is very important if the hernia mesh lawsuit statute of limitations is an issue in your case.
Statute of Limitations for a Hernia Mesh Recurrence
When there has been a hernia recurrence, there are side effects and damages from the surgery. The question in this type of hernia mesh claim is when you knew or should have known of your injury.
One could make an argument that the statute of limitations could begin to run when you know that your hernia mesh surgery has failed.
Another possible time for the opening of the hernia mesh lawsuit period would be the date of your second surgery, whether it is to remove the mesh or repair the hernia.
How Does the Statute of Limitations Affect a Hernia Mesh Settlement?
In order to receive a hernia mesh settlement, you must file a claim. Global settlements affect lawsuits that have already been filed.
If you want a settlement for your hernia mesh injuries, you would still need to file the lawsuit before the hernia mesh lawsuit statute of limitations expires.
This is not something that you can afford to wait on when you need the compensation to pay for your damages.
Hernia Mesh Victims Must Use Reasonable Diligence to Discover Their Injury
The hernia mesh lawsuit statute of limitations does not allow hernia mesh victims to take the “ostrich approach” to their injuries. They must use reasonable diligence to discover that they were injured.
This means seeing a doctor relatively promptly after they first begin to feel side effects that they believe could come from their hernia mesh. This could include pain, a bulge or symptoms of a bowel obstruction.
Mesh Products Have Been Used in Many Surgeries
The lawsuits over hernia mesh products are just the latest court cases arising from serious complications from surgical mesh.
Thousands of injured men and women filed lawsuits over recalled mesh products used to treat pelvic organ prolapse. This is a common condition that can cause stress urinary incontinence. Mesh-based surgical repair was supposed to provide an easy and quick way to treat the medical condition.
This surgically implanted mesh had many of the same side effects as hernia mesh. The mesh often migrated out of place or disintegrated inside of the body.
This resulted in chronic pain and the need for revision surgeries to remove the mesh. These cases resulted in billions of dollars of jury verdicts and settlement payments to women who suffered complications from these defective medical devices.
Contact a Hernia Mesh Attorney
Your attorney will have advice for you about the right to file your lawsuit. The key is to begin to think about hernia mesh attorneys right when you know that you have been injured.
Hernia mesh lawyers need some time to work on your case and help you develop your evidence and grounds for legal relief.
You do not want to contact them at the last minute because even an experienced hernia mesh attorney may not be able to help much with very little time to work. This means that one of the first calls should be to a hernia mesh lawyer.
A Hernia Mesh Attorney Will Worry About the Deadlines
All you need to know is that there can be a tight deadline to file a hernia mesh lawsuit that begins once you experience hernia mesh complications.
Your lawyers will be very familiar with the hernia mesh statute of limitations. Hernia mesh lawyers have now been filing lawsuits against manufacturers for years, and they are well-versed in all of the issues involved in these cases.
Call Us for a Free Consultation
Our law firm has helped countless people who are seeking compensation for defective hernia mesh.
Call Rosenfeld Injury Lawyers at (800) 424-5757 for legal advice about your claim.
As soon as we form an attorney client relationship, we will get to work immediately to fight for the compensation that you may legally deserve after you have experienced complications from defective hernia mesh that has injured you.