If you or a loved one has experienced complications from a hernia mesh implant, you’re not alone. Thousands of individuals have suffered from various issues related to defective hernia mesh products, leading to pain, suffering, and often requiring additional surgeries. In such cases, understanding the average settlement for a hernia mesh lawsuit can be crucial. In this article, we’ll delve into the details of hernia mesh lawsuits, settlements, and what you should know if you’re considering legal action.
What Is Hernia Mesh and Why Is It Used?
Hernia mesh is a medical device commonly used in hernia repair surgeries. It’s designed to provide support to weakened or damaged tissue, reducing the risk of hernia recurrence. The mesh is typically made of synthetic materials or animal tissue and comes in various forms, including sheets, patches, or plugs.
While hernia mesh has been widely used for decades, concerns have arisen over the safety and effectiveness of certain types of mesh products. Reports of complications such as mesh migration, bowel obstruction, chronic pain, and infection have led to numerous lawsuits against manufacturers.
How Hernia Mesh Injuries Occur
Hernia mesh injuries can occur due to various reasons, including:
Mesh Migration: The mesh can move from its original position, causing pain and potentially damaging nearby organs.
Mesh Erosion: Over time, the mesh can erode or degrade, leading to complications such as infection or hernia recurrence.
Infection: Surgical site infections can occur, particularly if the mesh becomes contaminated during hernia mesh surgery or due to a defective mesh product.
Adhesion: The mesh can adhere to internal tissues, causing pain and potentially obstructing the bowels.
Chronic Pain: Some patients experience persistent pain following hernia repair surgery, which may be attributed to the mesh.
Do You Qualify for a Hernia Mesh Lawsuit?
If you’ve experienced complications from a hernia mesh implant, you may be eligible to file a lawsuit. Common criteria for eligibility include:
Having undergone hernia repair surgery involving the use of mesh.
Experiencing complications such as pain, infection, or hernia recurrence.
Evidence of a defective mesh product or negligence on the part of the manufacturer.
Factors That Affect Settlement Amounts
Several factors can influence the settlement amount in a hernia mesh lawsuit, including:
Severity of Injuries: The extent of your injuries and their impact on your quality of life will be a significant factor.
Medical Expenses: Costs related to additional surgeries, medications, and ongoing medical treatment will be considered.
Lost Wages: If your injuries have resulted in missed work or reduced earning capacity, this will be factored into the settlement.
Pain and Suffering: Compensation may be awarded for physical pain, emotional distress, and loss of enjoyment of life.
Product Liability Laws: Laws regarding product liability differ by jurisdiction, affecting the outcome of hernia mesh lawsuits. Some states have stricter standards for manufacturers, making it easier for plaintiffs to win and receive compensation.
Manufacturer’s Liability: Manufacturers of defective hernia mesh can be held responsible for design flaws, manufacturing defects, or failure to warn about risks. Involvement of multiple defendants, like hernia mesh manufacturers, distributors, and healthcare providers, can complicate cases and affect settlements.
Class Action vs. Individual Lawsuits: Individuals can opt for individual lawsuits or join hernia mesh class action suits. While class actions offer collective strength and shared costs, individual lawsuits provide more control over outcomes and potentially higher settlements tailored to individual damages.
Maximizing Your Settlement
To maximize your hernia mesh lawsuit settlement, consider the following:
Document Everything: Keep detailed records of your medical treatments, expenses, and how your injuries have affected your life.
Consult with an Attorney: A skilled attorney experienced in hernia mesh lawsuits can help evaluate your case and negotiate with the manufacturer’s legal team.
Be Patient: Settlement negotiations can take time, but patience can lead to a more favorable outcome.
Consider Future Expenses: Factor in potential future medical expenses and lost wages when determining the value of your hernia mesh claim.
Who’s Responsible for Hernia Mesh Complications?
Multiple parties may be held responsible for hernia mesh complications, including:
Manufacturers: Companies that design, produce, and market hernia mesh products can be held liable for defects or failure to warn about potential risks.
Healthcare Providers: Surgeons and hospitals may be liable for surgical errors or inadequate post-operative care.
Regulatory Agencies: In some cases, regulatory bodies may be criticized for failing to adequately oversee the safety of hernia mesh products.
Proving Fault in a Hernia Mesh Lawsuit:
Proving fault in a hernia mesh lawsuit requires demonstrating that the defendant’s actions or omissions directly caused the plaintiff’s injuries. This typically involves establishing the following elements:
Duty of Care: The defendant owed a duty of care to the plaintiff, such as ensuring the safety and efficacy of the hernia mesh product or providing competent medical treatment.
Breach of Duty: The defendant breached this duty of care through negligence, recklessness, or intentional misconduct, such as manufacturing a defective product or performing a surgical procedure below the standard of care.
Causation: There is a direct causal link between the defendant’s breach of duty and the plaintiff’s injuries, meaning that the injuries would not have occurred but for the defendant’s actions or omissions.
Damages: The plaintiff suffered actual damages as a result of the defendant’s wrongful conduct, such as physical injuries, financial losses, or emotional distress.
Average Settlements for Hernia Mesh Lawsuits
The average settlement for hernia mesh lawsuits can vary significantly depending on various factors, including the severity of injuries, the extent of medical treatment required, the impact on the individual’s quality of life, and the strength of the legal case. While it’s challenging to pinpoint an exact average settlement amount, recent cases have seen settlements ranging from tens of thousands to millions of dollars.
Hernia Mesh Lawsuit Settlements and Verdicts
Settlement amounts in hernia mesh lawsuits can vary widely, ranging from thousands to millions of dollars, depending on the circumstances of each case. Some notable hernia mesh settlements and verdicts include:
Johnson & Johnson/Ethicon: In 2019, Johnson & Johnson’s subsidiary Ethicon agreed to settle thousands of lawsuits involving its Physiomesh Flexible Composite mesh products for over $117 million. These lawsuits alleged injuries such as organ perforation, chronic pain, and infection caused by the defective mesh.
C.R. Bard: C.R. Bard, another major hernia mesh manufacturer, reached a settlement of $184 million in 2018 to resolve approximately 3,000 lawsuits over its polypropylene mesh products. The lawsuits claimed injuries including mesh erosion, migration, and chronic pain.
Atrium Medical Corporation: Atrium settled a multidistrict litigation (MDL) involving its C-Qur hernia mesh products for an undisclosed amount in 2017. The settlement resolved claims from thousands of plaintiffs who experienced complications such as infections and allergic reactions.
Covidien/Medtronic: In 2019, Covidien, now owned by Medtronic, settled approximately 11,000 hernia mesh lawsuits for an undisclosed sum. These lawsuits alleged injuries such as mesh erosion, bowel perforation, and chronic pain.
How Long Will It Take to Get a Hernia Mesh Settlement?
The timeline for reaching a hernia mesh settlement can vary depending on various factors, including the complexity of the case, the number of parties involved, and the willingness of the defendants to negotiate. Some hernia mesh cases may settle within a few months, while others may take several years to reach a resolution. Factors that can affect the timeline include:
Pretrial Proceedings: The initial stages of litigation, including discovery, motion practice, and pretrial conferences, can extend the timeline before a case goes to hernia mesh trial or settles.
Bellwether Trials: In multidistrict litigations (MDLs) involving multiple plaintiffs with similar hernia mesh claims, bellwether trials may be conducted to gauge jury reactions and encourage settlement negotiations.
Settlement Negotiations: Parties may engage in settlement negotiations at various stages of the litigation process, which can prolong the timeline as both sides attempt to reach a mutually agreeable resolution.
Trial Proceedings: If a case goes to trial, the trial proceedings themselves can extend over weeks or months, further delaying the resolution of the lawsuit.
Why Are People Filing Hernia Mesh Lawsuits?
People file hernia mesh lawsuits for several reasons, including:
Seeking compensation for medical expenses and lost wages.
Holding manufacturers accountable for producing defective products.
Raising awareness about the risks associated with certain types of hernia mesh.
Preventing future injuries by encouraging stricter regulation of medical devices.
How an Attorney Can Help You in Your Hernia Mesh Lawsuit
Hernia mesh lawsuits are complex legal matters that require specialized knowledge and expertise to navigate effectively. If you’ve experienced complications from a defective hernia mesh implant, hiring an experienced attorney can make a significant difference in your case. Here’s how a hernia mesh lawyer can help you:
Legal Guidance: An attorney specializing in hernia mesh lawsuits provides expert advice on your legal rights and the potential outcomes of your hernia mesh case, guiding you through the complexities of the legal process.
Case Evaluation: Attorneys thoroughly review your case, assessing the strength of your claim and estimating the potential value of your compensation based on medical records and other relevant documents.
Filing the Lawsuit: Your attorney handles all aspects of filing the lawsuit, including drafting legal documents, submitting paperwork to the court, and ensuring all deadlines are met, allowing you to focus on your recovery.
Gathering Evidence: Hernia mesh lawyers collect crucial evidence such as medical records and expert opinions to support your claim, using their resources and expertise to strengthen your case.
Negotiating with Opposing Parties: Attorneys negotiate with defendants and their insurers to reach a fair settlement, advocating for your rights and ensuring you receive appropriate compensation for your injuries.
Trial Representation: In the event of a trial, your attorney represents you in court, presenting evidence, examining witnesses, and making legal arguments to pursue the best possible outcome for your case.
Maximizing Compensation: Attorneys work tirelessly to maximize compensation for your injuries, seeking reimbursement for medical expenses, lost wages, pain and suffering, and other losses incurred.
Pursue the Compensation You Deserve with BLG
If you’ve suffered complications from a hernia mesh implant, you may be entitled to compensation through a lawsuit settlement. By understanding the average settlement for a hernia mesh lawsuit and the factors that influence it, you can better navigate the legal process and pursue the compensation you deserve. Remember to consult with an experienced attorney to assess your case and explore your legal options.
Ready to pursue justice for your hernia mesh complications? Let BLG’s Mesh Masterminds guide you through every step of your legal journey. Our experienced attorneys specialize in hernia mesh litigation and are dedicated to fighting for your rights.
Contact BLG today to schedule a free consultation.
1-800-870-8910