When a doctor recommends surgical placement of a medical device on your body to treat any health issue, you expect it to function as required without any side effects on your health. Unfortunately, that is not the case in every situation. If a medical device is incorrectly manufactured or has design flaws, it can cause life-changing health complications in the patient's body.
If you have suffered an injury due to a defective hernia mesh product, a reliable personal injury attorney can help you seek compensatory damages from the at-fault party. Read on to learn more about hernia mesh devices and the possible damages you could receive in a hernia mesh lawsuit.
Hernia Mesh Implant at a Glance
Hernia is a condition that occurs when an internal part of your body's tissues pushes through a weak point in your muscle or the surrounding tissues that hold it. In many cases, hernias develop in your groin or abdomen area.
Fortunately, this life-changing health issue is treatable through the surgical placement of a hernia mesh implant. Hernia mesh implants have become one of the most common surgical treatments for hernia issues.
If you have a hernia issue, your doctor could recommend the surgical placement of hernia mesh, a flexible scaffold that helps reinforce your distended muscle walls and body organs. When properly designed, a hernia mesh implant can help stabilize and strengthen the affected area and support quick tissue growth.
Common Complications Associated With Hernia Implants
Like any other product or device on the market, there are several manufacturers of hernia implants. Each company claims that its hernia mesh products and devices are the best. These products come in different shapes and sizes and have varying characteristics. Unfortunately, there are increasing and alarming cases of hernia mesh-related injuries caused by defective hernia devices.
The most common complications and injuries that plaintiffs in a hernia mesh lawsuit claim to have suffered due to a defective hernia mesh include:
- Mesh shrinkage
- Bowel perforation
- Chronic pain
- Internal infections
- Adhesion to organs and surrounding tissues
- Mesh detachment and migration
- Punctures of tissues and organs
- Blood in urine
- Fistulae
- Hernia recurrence
In many severe cases, hernia mesh repair or replacement could be vital, meaning a second or subsequent surgery could be necessary. If you experience any complications after a hernia mesh surgery, you should speak to your doctor or surgeon about these emerging issues.
Remember to tell your doctor to keep the removed or defective mesh to act as evidence to support your hernia mesh lawsuit for the best possible outcome in your case.
Potential Liable Parties in a Hernia Mesh Lawsuit
If you have experienced hernia mesh-related complications, your attorney can help you identify the liable party to sue for your damages. Since the complications necessitating hernia mesh surgery vary among most patients, knowing which party to sue for damages caused by a defective or flawed hernia mesh device could be challenging.
However, generally speaking, when a patient with a hernia mesh device on his/her body experiences complications, the issue could be due to:
- The hernia mesh itself, meaning you could have a viable product liability lawsuit against the at-fault or liable party
- The way your doctor implanted the hernia mesh device in your body could lead to a medical malpractice lawsuit against the doctor or surgeon who provided the substandard care
Understanding the distinction between these two types of claims is important because the facts the court will expect you to prove to win your compensatory damages are different. For instance, in a medical malpractice lawsuit, you should provide an affidavit of merit to the pre-lawsuit screening panel.
However, pre-lawsuit screening will not be necessary in a product liability lawsuit. Unlike damages in a medical malpractice lawsuit, there is no statutory cap on the damages you could receive in a successful product liability lawsuit.
What You Need to Know Before Filing Your Hernia Mesh Lawsuit
Before you file your hernia mesh claim or lawsuit, you should do the following:
Find the Maker or Manufacturer of Your Implant Type
Your attorney can help you find the liable party to sue for damages caused by a defective hernia mesh and know whether other similar lawsuits are filed against the defendant. The maker of the specific product that caused your injuries should be liable for your injuries.
Know the Scheduled Dates of Your Hernia Mesh Surgery
The medical records you will attach to your lawsuit should show the scheduled dates of your hernia mesh surgery, including any further surgery that could be necessary. Medical bills and consent forms can help prove you have medical bills to settle, increasing your odds of securing maximum compensation.
Check Whether You Qualify
Your attorney can help you determine whether you have a valid hernia mesh lawsuit against the maker of the defective implant that caused your injuries. Whether you qualify for a hernia mesh lawsuit depends on when you had the hernia mesh surgery performed and what injuries you suffered as a result.
Generally, you qualify for a hernia mesh lawsuit if you had a hernia surgery in 2006 or after and later experienced health complications that necessitated another surgery, even if you did not manage to undergo it. Other factors your attorney will consider when determining whether you are eligible for a hernia mesh lawsuit include:
- The date of your surgery
- The name of the clinic or hospital where the surgery occurred
- The type of medical injury or complication you suffered
- The brand and the manufacturer of the defective hernia mesh
- The name of your surgeon or doctor
Check the Statute of Limitations
Like any other personal injury case, time is of the essence if you have an injury caused by a defective hernia mesh product or device. Since a hernia lawsuit is a product liability case, you will have a maximum of two (2) years from the actual date of the injury or discovery of the injury to submit a lawsuit against the product maker.
Once this time limit expires, you will lose your legal right to sue the maker of the defective hernia mesh product that caused your injuries.
Filing a Hernia Mesh Claim or Lawsuit
If you have an injury caused by a defective hernia mesh product or device, you should act quickly before the statute of limitations expires. You have various options for pursuing compensatory damages after sustaining an injury or loss due to a defective hernia mesh device.
Your personal injury attorney will review the details of your case to determine the best avenue for pursuing compensation for your losses associated with the injury. Since there is a high chance you are not the only person affected by defective hernia mesh devices, your attorney could join multidistrict litigation.
Multidistrict litigation (MDL) is a special legal procedure that helps handle and speed up complicated cases involving several lawsuits against the same defendant. MDLs are more advantageous than independent lawsuits because they save time and money for everyone involved, including the plaintiff and the defendant.
Once your attorney files your hernia mesh lawsuit, he/she will work to secure the best possible outcome through settlement or trial verdict. Even though MDL will move through the legal justice system faster than an individual lawsuit against the liable company, that does not mean it is the ideal way to resolve your unique hernia mesh injury claim.
Your attorney will help you decide whether your hernia mesh lawsuit should become part of the MDL.
Four Common Grounds for Filing Hernia Mesh Lawsuit
If you have sustained injuries or losses caused by a hernia mesh implant, you can file a lawsuit against the manufacturer of the product based on the following grounds:
The Mesh Was Defective
Your attorney can argue that the hernia mesh plan or blueprint is inherently dangerous, meaning no amount of transparent labeling or manufacturing can compensate for its design flaws. Sometimes, the maker is unaware of the defect, and other times, these companies are aware but choose to conceal it because the product's profit is huge.
According to strict liability legal doctrine, the manufacturer of the defective product will be liable for your injuries and losses if:
- The device or product's design presented a foreseeable risk to the users
- You used the device as it was supposed to
Your attorney can summon expert witnesses, like doctors, to testify about the device's inherent flaws and problems. C.R. Bard's Kugel hernia mesh is an example of a flawed or defective hernia mesh device that could make you eligible for compensation in a product liability lawsuit because it uses a ring that can break and migrate, causing unnecessary injuries.
The Device Had a Manufacturing Defect or Flaw
Even the most safe and well-designed medical products can be dangerous if the manufacturing process is poor. Since hernia mesh devices are fragile, a slight deviation from the intended original design during manufacturing can cause severe injuries to the users. For the best possible outcome on your claim, you or your attorney must prove that:
- The hernia mesh device you received had a manufacturing flaw or defect before being released on the market
- The manufacturing flaw was a significant factor in causing your injuries and losses
If your attorney can convince workers involved in the device's manufacturing process to testify at trial, you could qualify for compensatory damages for the losses incurred.
Failure to Warn or Improper Labeling
Every medical product has its risks, but the maker or manufacturer is legally responsible for disclosing these risks to patients and doctors to ensure they are well-informed. Specifically, the makers of hernia mesh products must:
- Warn doctors of the less obvious dangers the hernia mesh could cause to a patient
- Inform doctors how he/she can help a patient avoid these dangers
Unfortunately, mesh makers fail to warn doctors and patients that hernia mesh could negatively affect their health. Your attorney can argue that if the product's marketing was complete and accurate, you could opt for other treatment alternatives instead of having a hernia mesh product implanted in your body.
Medical Malpractice
Like any other medical device, hernia mesh products could cause severe complications when medical malpractice or error occurs during your surgery. For instance, if your surgeon implanted the device incorrectly or he/she used the wrong hernia mesh type, your attorney can file a medical malpractice claim against the surgeon.
To secure compensation in a medical malpractice claim, your attorney must prove beyond a reasonable doubt that the surgeon committed professional negligence. Like any other negligence injury case, your attorney must prove the following elements of negligence to secure compensatory damages for your losses:
- The surgeon owed you a duty of care
- The surgeon breached his/her duty of care towards you
- The breach led to your injuries and losses
Your medical records can help prove to the court that the surgeon committed medical malpractice.
Damages You Should Expect in a Successful Hernia Mesh Lawsuit
If a defective hernia mesh has injured you or caused you to incur financial losses, you can hold the at-fault party liable for your losses by filing a lawsuit against them. Your attorney will prepare your hernia mesh claim and attach all the necessary evidence to help convince the defendant that he/she is liable for your injuries and losses.
If everything works in your favor, the court will award you compensatory damages for the following non-economic and economic losses:
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Non-Economic Losses
Non-economic losses in a hernia mesh lawsuit are subjective losses that you cannot attach a monetary value to. Although it is challenging to determine their monetary worth, non-economic losses are compensable in a successful hernia mesh lawsuit. Examples of these types of losses include:
- Pain and suffering
- Emotional and mental distress
- Loss of enjoyment in life
- Loss of emotional support
- Diminished quality of life
- Loss of consortium
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Economic Damages
In a mesh lawsuit, economic damages are those that have a monetary value attached to them. Examples of these types of losses include:
- Lost wages
- Lost earning capacity
- Medical and therapy expenses, including consultation costs
- Disfigurement
Fortunately, there is no cap on economic damages. How much you will receive as damages for your non-economic losses will depend on the evidence and arguments your attorney will present to support your hernia mesh claim.
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Punitive Damages
If your defense attorney can prove that the defendant engaged in egregious behavior, like failing to inform the public about the risk of their products, you could qualify for punitive damages. Also commonly known as exemplary damages, punitive damages punish the defendant for his/her wrongdoing and deter other people with similar behavior.
Factors to Consider When Looking for a Hernia Mesh Lawyer
Below are some helpful factors you should consider when looking for a reliable defense attorney to assist you in filing a hernia mesh lawsuit:
Look for an Attorney With Past Experience
Ensure the defense attorney you hire has experience holding manufacturers liable for making and distributing defective and substandard products. If your prospective attorney is an amateur in this legal industry, you should look for a different attorney who comprehends the ins and outs of the court system for the best possible outcome on your claim.
An experienced attorney will know how judges treat this type of case and the best defense argument to help convince the court that the defendant is liable for your injury and losses caused by the product.
Record of Success
A reliable hernia mesh lawyer will not hesitate to present you with testimonials from past clients to prove their record of success. If your attorney has never won similar or related cases in the past, you should look for a different, reliable attorney for the best possible outcome on your claim.
Availability and Accessibility
Look for an accessible and available attorney who is ready to handle your case immediately because time is of the essence in these types of claims. There is a high chance an attorney will dedicate little time to your case if he/she has a tight schedule or several cases on his/her plate.
The Attorney's Reputation
Ensure the defense attorney you choose to represent you in your hernia mesh lawsuit has a credible reputation among his/her past clients. Your potential attorney's past client comments and reviews on his/her website and social media profiles could help you know whether he/she is reputable or not.
If his/her past clients' comments on his/her website are positive, the attorney is likely credible and can offer you the best services to secure the best possible outcome in your case.
The Attorney's Communication Skills
Whether or not you will receive compensation for your losses caused by a defective hernia will depend on how well your attorney can present and explain his/her arguments to the court. An attorney with excellent communication skills will explain every detail of the case in a language you can understand best and keep you updated on the case's progress.
Find a Skilled Defense Attorney Near Me
Dealing with big manufacturing companies and their teams of attorneys requires excellent negotiation and communication skills to secure the maximum compensation possible for your losses. While you can represent yourself, doing so could lower your chances of securing maximum compensation, especially if you are not a personal injury attorney.
If you or a beloved friend have sustained injuries due to a defective hernia mesh product, our reliable personal injury team of attorneys at the Las Vegas Personal Injury Attorney Law Firm can help. We invite you to call us at 702-996-1224 to discuss your case with our profound and credible attorneys.
