Settling a Hernia Mesh Lawsuit

The first-ever mesh was designed in 1958. Since then, they have been used in thousands of hernia mesh implants and repair surgeries. However, in recent years, there has been a sharp increase in the defects and side effects of different hernia mesh products. Mesh failure and complications have led to increased hernia mesh lawsuits. As the number of cases is more complex now, it takes longer to settle a hernia mesh lawsuit.

It can take as long as several years to discuss a settlement with the manufacturers. As each case differs from the other, the settlement period depends on various factors.

Which Factors Affect Hernia Mesh Lawsuit Settlement Period?

The time it takes for hernia mesh settlement varies from one case to another. Following are some prominent factors:

Nature of the case

While some cases are average, others are more complex than personal injury. So it depends on the nature of individual case how much time it takes to settle your hernia mesh lawsuit.

Moreover, some mesh products result in side effects shortly after implantation, while others show defects after years. Immediate consequences might result in settling the lawsuit earlier as the case is relatively fresh.

Experienced losses

The economic and noneconomic losses due to defected hernia mesh implant also determine the total time it would take for settlement. Economic losses include measurable losses such as medical bills and lost wages. Noneconomic losses include immeasurable losses such as physical and psychological pain. Together, the severity of these losses put a great influence on the strength of your case and claims.

Manufacturer''s past record

Another thing that largely impacts the settlement period is the past record of the manufacturer. If the manufacturer has a poor reputation and many lawsuits against him, the case is more likely to be tried sooner.

The manufacturer is legally notified to stop manufacturing certain mesh products and settle the claims as soon as possible. However, legal processes take time.

Type of lawsuit

There are two types of hernia mesh lawsuits. These are:

1. Class Action

2. Multidistrict Litigation

Class Action cases take from one to three years to resolve. Under Class Action, cases are categorized into classes, and same class receives the same settlement amount. Very rarely, it takes less than a year to resolve these lawsuits.

Multidistrict Litigation is a speedy trial process under federal courts. It is best for people who have suffered the worst consequences of hernia mesh failure. Even though it depends on the individual case, it gets resolved sooner than Class Actions.

Your lawyer

The expertise of your lawyer also plays a great role in determining the settlement period of hernia mesh lawsuit. Experienced lawyers know how to frame a case well.

Final Thoughts

Settling a hernia mesh lawsuit has no definite period. It can take anywhere between a few months to several years. Factors like nature of the case, type of the case, the severity of losses and expertise of lawyer largely impact the time it takes for hernia mesh lawsuit settlement.

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