If you have been hurt by the mesh inserted into your body during a hernia surgery, you are not alone. Today, thousands of patients harmed by defective mesh have filed lawsuits against the manufacturers of these products seeking compensation for the financial and physical pain they have experienced.
Hernia Mesh Lawsuits: What Are Plaintiff’s Alleging?
In each case, a plaintiff is alleging that defective mesh caused them bodily harm. The most common allegations include:
- The mesh migrated from the area into which it was implanted and caused damage to other parts of the body.
- That the mesh caused an adhesion which resulted in medical conditions such as infection, bowel obstruction, seromas, and perforations.
- That the body rejected the mesh and caused an inflammatory or immune response.
The complications relating to hernia mesh may happen quickly or develop over a long period of time.
Currently, the majority of lawsuits are being filed against two manufacturers: Atrium and Ethicon Physiomesh.
The Legal Process: Tips for Filing Your Complaint
We understand that you are going through a stressful time and that the legal process may seem overwhelming, which is why we’ve put together a list of tips that we hope will guide you through your journey to recovery.
Choosing An Attorney: Does It Matter Who I Pick?
When you first start to explore your options, be sure to contact attorneys who not only have the experience that you need but who have also focused on the form of law which applies to your case. Be sure to ask them questions about past cases and if possible, ask to speak with a former client.
In addition to this, make sure the law firm has the resources needed to go against large corporations.
Collect the Necessary Evidence
Evidence can make or break a case. Take steps to preserve all possible evidence which may include:
- Actual Mesh Pieces: if you have had to have surgery to repair the damage that the mesh has done, have the surgeon keep the pieces of the mesh and even the tissues which were damaged.
- Photographs: take pictures throughout the healing process of the injuries you have sustained and the medical treatments that you have required.
- Medical Records: Collect copies of all of your medical records for your attorney to review.
- Written Records: if you’ve received any paperwork which relates to your case, keep copies of that paperwork and note the dates and times you received it.
If you have any difficulty obtaining records or if you are unsure if something is important, discuss it with your attorney.
Avoid Discussing Your Case – Especially on Social Media
It might be tempting to talk about the case or post information on social media but refrain from doing so. This information could fall into the wrong hands and impact the outcome of your case.
Don’t Sign Anything Without First Letting Your Attorney Review It
You may be approached with an offer to settle and while you may think that the initial offer is acceptable, a higher settlement can frequently be obtained through careful negotiation with the defendant.
The same rule applies to all paperwork – never sign anything without first allowing your attorney to make sure you aren’t signing your rights and the chance at fair compensation away.
How Much is My Hernia Mesh Lawsuit Worth?
In order to provide you with an estimate of how much your case may be worth, our attorney will need to review the following information:
1. The type of mesh used during your surgery.
2. The injuries you sustained which were caused by the mesh.
3. The medical treatments that you required because of those injuries.
4. Your actual medical bills.
5. Estimates for any medical treatments that your doctor anticipates you will require because of the mesh.
6. Information on your income showing losses because of time away from work due to the complications caused by the mesh.
Lawsuits are designed to help a plaintiff recover compensation for their medical expenses, lost wages, physical pain, and even emotional trauma. Since no two cases are exactly alike, the compensation awarded to each plaintiff will vary.
Settling vs. Court
There are several ways to recover compensation through a lawsuit. First, your attorney may actively negotiate a fair settlement on your behalf. The majority of all lawsuits end with a settlement. If both parties cannot reach a settlement, the case will go to court for a hearing by a judge who will determine the outcome.
You might be wondering which option is better but the reality is that either option can result in an excellent outcome for the plaintiff and the plaintiff must do what they feel is best for them.