Do You Qualify for a Hernia Mesh Lawsuit?
Last updated Thursday, October 19th, 2023
Did you know medical errors are the third leading cause of death right behind heart disease and cancer?
Visiting a hospital is not on anyone’s bucket list, but a hernia is one of those cases where you just can’t avoid it.
This painful abdominal complication used to be one of the highest recurring injuries even after treatment – until the hernia mesh arrived.
A hernia mesh is a medical implant used to support the weakened muscular tissue through which your organs slipped out. It helped reduce the time to operate on the patient and accelerated the time to recover.
However, a defective hernia mesh or medical malpractice can be as disastrous as doing nothing after your hernia.
It can lead to a variety of complications like perforated bowels, damaged organs, infections, obstructed bowels, recurring hernia, and chronic pain. If you’re the victim of a defective hernia mesh, you have the right to seek compensation for your pain and suffering.
However, you need to file a hernia mesh lawsuit within two years of your medical procedure to qualify for compensation.
If you rush to hire an experienced defective product lawyer now, you won’t be hustled or hassled by anyone later. They’ll take care of every step to get the compensation you deserve while you focus on resting and recovering.
What is a Hernia Mesh Lawsuit?
A hernia mesh lawsuit is a legal claim filed against the parties responsible for manufacturing the defective hernia mesh. It paves the way for victims to seek compensation for any injuries caused by the failed mesh implants.
The FDA has already recalled several widely used hernia mesh products for safety reasons. People injured by these defective surgical mesh devices are now filing lawsuits against the manufacturers.
You can file a lawsuit if your doctor has recommended a revision surgery to remove the defective hernia mesh or in case you’ve had the surgery already. Your doctor will be able to help you identify the nature of the defect and how it caused your injuries.
Remember – your doctor’s evaluation is the most valuable pieces of evidence that can make or break your case.
Here are some of the most widely reported hernia mesh defects exposed by lawsuits so far:
- Using coatings that trigger adverse reactions and infections
- Excessive mesh and tissue contraction
- Tendency of the mesh to shrink, harden, or get
- Rejection by the body tissue
Over the past few years, we’ve seen a number of big settlements for hernia mesh mass tort lawsuits. Ethicon decided to confidentially settle to resolve its Physiomesh cases in 2021. Atrium agreed to dedicate a $66 million fund to settle 3000 C-QUR mesh cases in the same year. Back in 2017, C.R. Bard settled 2,600 Kugel hernia patch lawsuits for $184 million.
An average hernia mesh lawsuit settlement could range anywhere from $50,000 to $1 million. It mainly depends on the severity of your injuries and degree of proven manufacturer negligence.
Statute of Limitations for Hernia Mesh Lawsuits
In Illinois, you have two years from the date of injury or the date you discovered the injury to file your hernia mesh lawsuit.
If you miss this deadline, you lose your right to seek compensation from the manufacturer. This legal deadline is what we call the statute of limitations.
However, there are a few exceptions to the statute of limitations, such as:
- The victim was a minor when the injury happened
- The victim was mentally impaired
- The hernia mesh manufacturer or any other liable parties tried to conceal details exposing their negligence
Hiring a Hernia Mesh Lawyer
Hernia mesh injuries can make it hard to get up or sit down without wincing because of sharp pain. It’s downright cruelty taking on an army of lawyers defending your hernia mesh manufacturer in the middle of this.
You need an experienced hernia mesh lawsuit lawyer to take them on while you peacefully recover.
A top hernia mesh lawyer should have a solid understanding of mass tort, personal injury, and medical malpractice laws.
Defective hernia mesh lawsuits are high stakes cases. One loss could wreck the manufacturer’s reputation and cost them millions of dollars in damages. So they won’t hesitate to spend hundreds of thousands of dollars in legal fees to protect their interests.
Luckily, you don’t need deep pockets to take them on. At Shuman Legal, you can hire us for a contingency fee. It means you don’t have to pay any legal fees until we win your case.
We have a history of winning hernia mesh lawsuits against multiple manufacturing giants. When you hire us, you’re also getting our network of medical experts, investigators, and consultants to build your case.
This collaborative effort helps us:
- Pinpoint the hernia mesh defects
- Pick out the best evidence
- Perfect our legal arguments
- Prepare against any legal obstacles that can weaken your case
You don’t need to look for local hernia mesh lawyers since most hernia mesh lawsuits are managed on a national basis.
Legal Mistakes to Avoid as a Hernia Mesh Victim
You can’t afford to make mistakes when your health and finances are at stake. There’s an army of lawyers working 24/7 waiting to capitalize on any little mistake you make.
Here are five key legal mistakes to avoid as a hernia mesh victim:
- Missing the hernia mesh lawsuit statute of limitations
- Waiting too long to seek medical attention
- Hiring a hernia mesh lawyer without enough resources or experience to fight your case
- Settling for a lowball compensation sum
- Failing to clearly document your symptoms and medical treatment
Filing a Hernia Mesh Lawsuit
It’s highly possible that your case will be settled before ever going to trial. However, sometimes you have to take your case to trial if the defendant keeps playing hardball.
Your lawyer can also help you join an ongoing hernia mesh mass tort lawsuit. It’ll save you a lot of time and money by pooling in legal resources against the same liable manufacturer.
Here are the five steps you’ll be going through when you file a hernia mesh lawsuit:
- Filing the lawsuit
- Exchanging information with the defendant and gathering evidence in the discovery process
- Pre-trial motions to accept or dismiss evidence
- Presenting your case and handling negotiations before the verdict
- Waiting for the final verdict from the jury or judge
It’s pretty clear that every step is unfamiliar territory for someone without a legal background. An experienced hernia mesh lawyer will take charge of every step so you can focus on what matters most – your health. Most hernia mesh lawsuits could take anywhere from a few months to several years to settle.
Proving Fault in a Lawsuit
Your doctor will play the biggest role in helping you prove that your hernia mesh was defective. It’s important to urgently report any complications you experience after your hernia mesh surgery.
Your doctor will conduct a series of imaging tests to check on the mesh. Any signs of infection, breakage, shrinkage, migration, or rejection will be clearly documented.
Your lawyer can also help strengthen your claim by inviting expert witnesses to highlight manufacturer defects more clearly.
For instance, a top plastic materials scientist can prove how the poor quality of the mesh material compromised your safety.
You can even sue your surgeon for medical malpractice if they share liability. You’ll have to prove that the surgeon breached their duty of care by showing negligence that led to your injuries.
Here are a few important pieces of evidence to share with your hernia mesh lawyer before filing a claim:
- The manufacturing details of the hernia mesh
- Date of hernia mesh surgery/revision surgery
- Name of doctor who evaluated you along with the surgeon’s name
- Address where the surgery was conducted
Frequently Asked Questions
What is a hernia mesh lawsuit?
A hernia mesh lawsuit is a legal claim that allows injured victims of faulty hernia mesh devices to seek compensation from its manufacturers.
How do I know if I have a valid hernia mesh lawsuit case?
Here are all the qualifications you need to file a hernia mesh lawsuit include:
- You should’ve had your hernia mesh surgery on or after Jan. 1, 2006
- You’ve suffered serious complications like recurring hernia, bowel perforations, intestinal blockage, and infections after the surgery
- Your doctor or surgeon has recommended hernia revision surgery to remove the defective mesh or replace it
- You can’t get revision surgery even after being recommended it because of ongoing complications
What is the statute of limitations for filing a hernia mesh lawsuit?
The statute of limitations for filing a hernia mesh lawsuit is two years.
What happens if I miss the statute of limitations for filing a hernia mesh lawsuit?
You lose before you even try. You won’t be able to file a lawsuit and seek compensation once you miss the two-year deadline.
However, the American justice system will make exceptions in certain situations like:
- The injured party was a minor at the time of the hernia mesh surgery
- The victim was mentally impaired at the time of the surgery
- The hernia mesh manufacturer concealed important details to escape liability
Do I need to hire a local attorney for a hernia mesh lawsuit?
No. Most hernia mesh lawsuits are handled on a national basis. You can reach out to a law firm leading an ongoing hernia mesh mass tort lawsuit if it’s against the same manufacturer.
What legal mistakes should I avoid as a hernia mesh victim?
Here are a few key legal mistakes to watch out for while seeking justice for your hernia mesh injuries:
- Failing to file the lawsuit within the legal deadline period
- Not seeking timely medical attention
- Hiring an inexperienced lawyer or a law firm with poor resources
- Accepting a lowball settlement
- Not documenting your symptoms and medical treatment properly
How can a hernia mesh lawyer assist in my case?
Here’s how our experienced hernia mesh lawyers will help you out:
- Give you a FREE case review to evaluate your damages. We’ll let you know what your case is worth.
- Help you understand your legal rights in simple terms, but taking charge of all the complex legal processes ourselves.
- Gathering evidence and expert testimony to build your case.
- Negotiating with insurers and lawyers to help you get the best settlement to cover your urgent and long-term needs.
- Taking your case to trial if necessary.
How long does it take to settle a hernia mesh lawsuit?
Hernia mesh lawsuits can take anywhere from a few months to several years to settle. Complex cases against manufacturing companies can take three to seven years to settle.
What compensation can I expect from a hernia mesh lawsuit settlement?
It’s difficult to get a clear estimate of your hernia mesh lawsuit settlement. The size of your compensation depends on a lot of factors. It could range from $65,000 to $1 million.
What should I do if I experience complications from a hernia mesh device?
A defective hernia mesh can lead to a variety of symptoms like bulging, burning, nausea, constipation, sexual dysfunction, and pain. It’s your job to urgently report these symptoms to your doctor.
Once you go through a series of medical tests, your doctor will be able to clearly document the failure of the medical device.
They will help you get the right medical care you need and give you the evidence needed to build a strong claim.
Remember – seeking proper medical attention is the key to effective legal action.