Over the years, thousands of people have filed a hernia mesh lawsuit to receive compensation for the complications that they suffered after receiving a hernia mesh implant. For those of you unaware, the said lawsuit is filed against the mesh manufacturer.
In order to qualify for filing such a claim, there’s a certain set of requirements that a patient should meet. And in this article, you will learn about everything that you need to know before filing a hernia mesh lawsuit.
Who can file a Hernia Mesh Lawsuit?
If you have undergone a hernia mesh procedure and suffered severe consequences due to it, there’s a high chance that you could file a claim against the mesh manufacturer and receive apt compensation. Here’s what you should make sure of before you consider filing this claim:
- Your hernia mesh procedure must have taken place between June 2008 and today.
- A hernia mesh implant must have been acquired for the fixation of the hernia.
- The procedure of hernia mesh must have turned out to be defective.
- The hernia mesh procedure did not have proper labeling so as to warn you about the dangers and side effects.
- Indulgence in medical malpractice by the doctor who performed the procedure.
- You should have incurred hernia recurrence, mesh migration, abdominal infection, adhesion, intestinal blocking, etc. (one of these problems at least).
Additionally, when you rope in a legal advisor, having the following information at hand can prove to be beneficial to your case:
- The brand and manufacturer of the mesh used in the procedure you underwent
- The date on which you underwent the surgery
- The name and address of the hospital in which the surgery was performed as well as the identity of the doctor who led the surgery.
- The list of injuries/complications suffered as a result of the surgery as well as details on when these complications first surfaced.
Some Points that you should Remember before Filing a Hernia Mesh Lawsuit
Before you consider claiming compensation for the inconveniences caused to you as a result of a botched hernia mesh surgery, it’s important that you understand the following things:
- In the United States, the hernia mesh lawsuit isn’t a class action. The reason why this is good news for the victims is that class action lawsuits tend to benefit the tort attorney more than the victim anticipating a fair compensation. Moreover, class actions don’t allow the victim to select their own lawyer. Additionally, the power to make a decision is not in the hands of the victim. Thus, it’s a relief that hernia mesh lawsuits aren’t class action.
- When you enter a legal battle with your mesh manufacturer, expect to keep fighting for a long time. This is because many hernia mesh lawsuits go on for much longer than expected, delaying the judgment by months (or even years). It’s also common for the victim to lose the case or settle for some amount. Make sure to enlist the help of a leading hernia mesh attorney.
- A common misconception shared by many people suffering from complications stemming from a botched hernia mesh surgery is that they can only file a lawsuit if the defective devices used in surgery were recalled by the FDA. However, that’s not the case at all. In fact, many different manufacturers whose mesh products haven’t been recalled, are currently dealing with legal trouble.
- There are certain questions to which you need the answers before pursuing legal assistance. Knowledge of questions pertaining to the settlement amount, mesh infection symptoms, the timing of complications, etc. can play a vital role in the decision process.
- Whether you start noticing the side effects right away or a few weeks later, it’s better if you take action without wasting any time. Additionally, make sure that you are keeping a track record of all the complications you are encountering.
- It’s also better to do research on the types of defective product claims that you can file.
- Lastly, you should do your homework on the manufacturer you are planning on going against. You can do so by studying their history and finding any potential loopholes that can help your case.
How to File a Hernia Mesh Lawsuit?
As mentioned above, time is a matter of concern when filing a hernia mesh lawsuit. Right from the moment you begin to witness, or should witness, the side effects of a hernia mesh procedure gone wrong, it is preferred that you reach out to a highly-experienced mesh attorney at your earliest.
After you explain your case to the attorney and they confirm your validity to proceed with the aforementioned lawsuit, they will also guide you on how to file your claim. It should be noted that mesh lawsuits are fused into multi-district litigation and this is why it’s highly likely that your lawsuit will be filed in your locality. However, the case might be transferred to another court over time.
It is the victim’s right to get compensated for the inconvenience. However, hernia mesh lawsuits can be quite complicated and this is why it’s important to make sure of certain things before such a case is filed.