Filing a Hernia Mesh Lawsuit: All You Need to Know
What is a Hernia Mesh Lawsuit?
A hernia mesh lawsuit means filing a claim against the mesh manufacturer if you experienced mesh failure and suffered pain, complications, or reoccurrence of the hernia. These lawsuits claim that the mesh devices were defective, improperly labeled, and did not warn about the risks or side effects.
Currently, there are thousands of hernia mesh lawsuits filed against mesh manufacturers, including C.R. Bard, Covidien, Ethicon, and a lot more.
Grounds for Filing a Hernia Mesh Lawsuit
To file a hernia mesh lawsuit, you need to have a legitimate reason. If you or your loved ones have faced any of the following problems, you are eligible to file a hernia mesh lawsuit.
1. Defective design
What tells if the hernia mesh had a defective design? If you experience adhesion, migration, perforation of tissue and organs, mesh failure, or need revision surgery, this is most likely due to the defective design of hernia mesh. Based on these problems, you can file a hernia mesh lawsuit.
2. Manufacturing defect
As hernia meshes are fragile, a slight deviation from the original design can cause manufacturing defects. It leads to severe problems when implanted in the body. So if you are a medical center buying hernia mesh from a manufacturer, make sure you check the design before using the mesh in surgeries. If you see a defect, you must file a lawsuit against the manufacturer immediately.
Evidence, testimony from workers of the manufacturer, and expert testimony over defective design can largely help.
3. Medical complications
The defect mentioned above results in several medical complications such as infections, abdominal pain, chronic pain, reoccurrence of hernia, and even cancer. If you have suffered any of such medical complications and required another mesh implant, you are in a strong position to file a lawsuit.
Filing Lawsuit for Mesh Damages
As an individual, you can claim economic and non-economic damages when filing a lawsuit against mesh damages. You are eligible to receive compensation for all economic damages, as well as the pain and suffering you have gone through.
Economic damages
Economic damages include lost wages and medical bills. These are easy to determine as they have a specific value attached. You can include all the past and future expenses caused due to defected hernia mesh. It includes the medical bills for hernia mesh implant as well as all the later problems and treatments you got due to defective hernia mesh.
Non-economic damages
Non-economic damages are your pain and suffering. Determining the compensation cost of non-economic damages vary from lawyer to lawyer and State to State. Some critical factors to consider are the severity of your pain, the time required to recover, time lost in pain, and medical prognosis.
Conclusion
If you have experienced a defective hernia mesh implant, you should immediately seek medical assistance. The second important thing is to file a hernia mesh lawsuit against the manufacturer. However, make sure you file the claim within the time limit your State imposes or else, you won''t stand eligible.