A hernia mesh is a product that supports damaged tissue when a patient undergoes surgical treatment for a hernia. According to the U.S. Food and Drug Administration (FDA), most hernia repair surgeries involve using a hernia mesh.
The FDA also reports that hernia meshes have been linked with various potential complications. Have you experienced any health issues that may have resulted from a hernia mesh defect? If so, you may be experiencing significant frustrations and difficulties now. Your hernia mesh was supposed to fix a health issue—it wasn’t supposed to cause more problems.
Talk to a lawyer about your legal options. You might be entitled to compensation for your hernia mesh complication-related medical care and other losses.
At Jurewitz Law Group Injury and Accident Lawyers, our Southern California hernia mesh mass tort attorneys can go over the details of your case and explain your next steps. We’re prepared to offer dedicated representation if you decide to hire us. Call us at (855) GET-ROSS for your free consultation today.
Hernia Mesh Health Complications
Various companies have been the target of hernia mesh claims and lawsuits. Examples include:
- Bard Davol
Parties filing hernia mesh lawsuits claim these products may cause a range of injuries and health issues. Specifically, they state defective or dangerous hernia meshes may cause:
- Chronic pain
- Bowel obstruction
- Erectile dysfunction
- Nerve damage
- Organ and/or tissue perforation
- Mesh failure, which can result in hernia recurrence
- Migration of hernia mesh to another part of the body
Some patients who experience complications require additional surgery. Revision surgery may be necessary if complications prevent the initial surgery from serving its intended purpose.
Those who file hernia mesh lawsuits claim:
- Defective product design resulted in complications.
- Manufacturers overlooked defects.
- Product labels failed to sufficiently warn patients about the risks associated with hernia meshes.
Compensation Available in a Hernia Mesh Lawsuit
You may be eligible for compensation for two main forms of losses if you’ve experienced injuries or health issues from a hernia mesh:
- Economic losses
- Non-economic losses
Economic losses consist of any financial losses related to your medical condition. For example, you may need costly medical care to address hernia mesh complications. You could seek compensation for the cost of treatment. In addition, you could seek compensation for lost wages if you can’t work due to hernia mesh health issues.
Your compensation may also include compensation for future losses. For instance, maybe you’ve experienced health issues that leave you in need of long-term care. Your attorney could include the cost of your doctor’s future treatment plan in your demand for compensation.
Patients who experience hernia mesh complications often struggle with pain. Although pain doesn’t have an exact dollar value, a patient may deserve compensation for it. This is an example of a non-economic loss you could claim in a hernia mesh claim or lawsuit.
What Is a Hernia Mesh Mass Tort?
Many individuals have experienced complications resulting from the use of hernia meshes. When one party harms many parties in a similar way, a mass tort may arise. When a mass tort exists, courts can combine lawsuits into a multi-district litigation, so all the cases are heard by one judge. This streamlines the process of resolving these cases in court.
In a class action lawsuit, you would be one of many plaintiffs in one case. If you won your case, you would have to split the compensation or damages award among all plaintiffs. Each plaintiff would likely receive very little money.
That’s not an issue when you participate in a mass tort. Because your case is separate from all the others, any compensation you receive belongs only to you.
Keep in mind that if you hire a lawyer to handle your hernia mesh mass tort case, odds are they will have experience handling similar cases. Attorneys who accept mass tort cases tend to represent multiple clients in similar circumstances.
That’s a significant advantage for someone in your position. Having representation from a Southern California hernia mesh mass tort attorney with relevant experience may boost your odds of success.
Evidence in a Hernia Mesh Mass Tort Case
Evidence to submit with a hernia mesh claim or lawsuit may include:
- Evidence that the mesh was defective
- Evidence that the company knew the mesh was defective or caused harm but failed to warn potential users about the dangers
- Proof that you used the defective mesh
- Bills for medical care and related needs
- Documentation of lost wages and/or lost earning capacity
- Pain logs and other descriptions of your non-economic losses
- Medical professional testimony
- X-ray tests or other images showing injuries
A lawyer can’t ethically promise that the defendant will agree to pay you a specific amount. If your case goes to court, they can’t guarantee the jury will award damages. However, a lawyer can assess the potential “dollar value” of your intangible losses, gather evidence that can be used to prove your claim, file your lawsuit, build a case to prove that you are entitled to compensation, and negotiate for a settlement on your behalf. Your attorney can also represent you when your case goes to trial, presenting your case in a clear and logical manner that shows you deserve compensation for your losses because you used the hernia mesh.
The Deadline for Filing a Hernia Mesh Lawsuit
The statute of limitations for product liability lawsuits in California allows two years to file your lawsuit. You have two years from the time you discovered your injuries or should have discovered them to take legal action.
Act fast to avoid missing the deadline. Except in rare circumstances, it’s virtually impossible to receive compensation if you fail to file your lawsuit on time.
Contact a Southern California Hernia Mesh Lawyer
You have plenty to deal with already if you’ve developed health complications due to a hernia mesh. Don’t add to your burdens by attempting to seek compensation yourself. At Jurewitz Law Group Injury and Accident Lawyers, our Southern California hernia mesh mass tort lawyers can offer the representation you deserve. Learn more by contacting us online or calling us today at (855) GET-ROSS for a free case review.