For victims of defective drugs or medical devices, filing a lawsuit can be a way to ensure that they have the necessary money to deal with their mounting medical bills because of the complications they have suffered.
For instance, patients who had their hernias fixed with surgical mesh are now suing the makers of the medical device. According to victims who have filed a hernia mesh lawsuit, they faced serious complications soon after or even years after receiving a hernia mesh implant.
With the damages they have suffered and the effect these had on their quality of life, it’s only right that these victims receive the compensation they justly deserve.
However, the reality is that hernia mesh lawsuits are more complex than your average personal injury claim. As such, settlement amounts may vary from one case to another.
We believe, however, that victims should have access to reliable information about potential payouts they can expect from their lawsuit.
Read on to learn more about the potential average payout per person in a hernia mesh lawsuit and the factors that could possibly affect settlement amounts in these cases.
Collective vs. Individual Hernia Mesh Settlements
Whether a hernia mesh lawsuit should be pursued through a collective or group action or individually may depend on your case and situation.
A collective legal action is brought by a group of claimants that have the same issues against a certain defective product of large companies or manufacturers. In this case, a plaintiff may benefit from having strength in numbers to take on large corporations.
Meanwhile, in an individual lawsuit, the plaintiff argues their case and the company or manufacturer a settlement. Once the agreed-upon sum is paid and the victim accepts it, the hernia mesh case will be dropped.
A multidistrict litigation is a form of group litigation where a large number of cases of the same type is transferred to a single federal court. For instance, instead of having to hear a thousand lawsuits filed individually by different plaintiffs, an MDL combines these cases. These claims will then be heard in one MDL since they’re of similar types.
An MDL also helps speed up the litigation process by allowing important procedures to efficiently be done, including:
- Evidence discovery
- Evidentiary issues
- Witness and expert depositions
- Witness and expert interrogatories
- Motions to dismiss
- Summary judgment motions
Settlements in MDLs also work a bit differently. Eventually, a judge assigned to oversee the legal proceedings will choose a few cases that are a good representation of the majority of other lawsuits in the MDL. These cases then proceed to a test trial called bellwether trials.
These trials set the stage on how future legal proceedings may turn out.
Recently, the first hernia mesh bellwether trial ended with a surprising victory for C.R. Bard and Davol Inc. The judge set the next hernia mesh trial to be on January 10, 2022.
Hopefully, the upcoming trial will lead to a favorable verdict for the plaintiffs.
Products And Manufacturers Named In Lawsuits
Over the years, the series of hernia mesh recalls announced by the U.S. Food and Drug Administration (FDA) revolved around the following reasons:
- Packaging errors
- Poor performance
- Adverse events related to the use of a defective hernia mesh
Due to the fast-track program known as the 510(k) clearance process, thousands of defective surgical mesh devices made it to the market. This resulted in several complications in patients. In many cases, patients even needed a revision surgery to fix the complication.
This is why it’s not at all surprising that these instances resulted in thousands of hernia mesh lawsuits being filed across the country. Most of the complaints filed also mainly involved the following products from their corresponding manufacturer:
- C.R. Bard Kugel Hernia Mesh
- Atrium Medical Corporation C-QUR Mesh/Patch
- Ethicon Physiomesh
Hernia mesh manufacturer Bard Davol was accused of defectively designing its Kugel hernia mesh patches after the product’s memory coil ring around the mesh was found to be prone to breaking. Once this breakage occurs, it can result in other complications, including bowel or organ perforation.
As a result, the company recalled thousands of Kugel meshes after reports that the devices caused severe hernia mesh complications and infections in numerous patients.
On the other hand, Atrium Medical’s C-QUR hernia mesh product had a unique omega-3 fatty acid coating around the mesh. Unfortunately, this coating is potentially defective and tends to degrade quickly, causing it to separate from the polypropylene mesh once implanted.
This causes a host of health complications in patients, including severe inflammation, organ perforation, and gastric ulcers, among others.
Lastly, Ethicon Inc.’s Physiomesh products were recalled in 2016 after the medical device was linked to several cases of revision surgery and hernia recurrence.
Average Hernia Mesh Settlement
To date, there’s only been one global hernia mesh settlement. In 2011, Bard Davol paid $184 million to settle 2,600 Kugel hernia mesh patch lawsuits.
For now, however, giving estimations on the settlement value of hernia mesh lawsuits may prove to be a fool’s errand. This is because of several reasons, and a major reason behind the difficulty of giving an estimate on settlement amounts is the uniqueness of each case.
For instance, the amount compensated can depend on the extent of the plaintiff’s injuries and whether the hernia mesh case was a part of a multidistrict litigation (MDL).
Payouts in these cases may also be subject to a nondisclosure agreement. Therefore, awards in these lawsuits tend to be unpredictable. Another potential deciding factor is how strong your hernia mesh lawyer builds your case.
This is why aside from constantly updating yourself on any hernia mesh lawsuit updates, it’s also important to have a reliable lawyer by your side — a lawyer who will be able to recover the compensation you justly deserve.
Contact us today and we can assist in finding the right hernia mesh lawyer for you.
Factors That Can Affect A Hernia Mesh Lawsuit Settlement
Although it’s difficult to determine an average settlement for these lawsuits, there are factors that may influence a hernia mesh lawsuit payout. These include:
- Severity of the plaintiff’s injuries
- Quality of life
- Economic Losses
- Loss of future earning capacity
Severity Of Injuries
Settlement amounts may depend on the extent of the plaintiff’s injuries. For instance, the most serious injury and wrongful death cases may get a higher payout. On the other hand, mesh lawsuits involving less serious injuries may have a lower value.
Quality Of Life
A plaintiff may also receive compensation for noneconomic damage such as loss of quality of life. Noneconomic damages are the emotional and mental effects of the injuries and complications on a patient.
For instance, complications like chronic pain, hernia recurrence, and pain during sex may interfere with a patient’s daily routine in life and may ultimately result in a loss of quality and enjoyment of life.
Some hernia mesh complications require additional surgeries to fix. Excessive pain and infection from a defective mesh may also mean lifelong treatment for a patient. These medical expenses tend to pile up because of these complications.
Settlement amounts tend to be higher if the plaintiff suffered more economic losses, including repeat surgeries, medical bills, long-term treatment, and laboratory tests, among others.
Loss Of Future Earning Capacity
Future loss of capacity to earn money refers to the loss of an individual’s ability to earn as much as they did before they sustained their injuries. A hernia mesh injury that prevents someone from working or earning income in the future may be able to claim past and future lost wages.
What constitutes a fair hernia mesh settlement offer?
When trying to know whether a settlement offer is fair, you may need to consider some factors that a jury may also look at when assigning value to your case.
These factors may include:
- Total amount of medical bills and other medical expenses
- Amount of past and future lost wages
- All medical expenses in the past and future
- Number of revision surgeries
- The extent of the symptoms, side effects, and complications you suffered from
- How clearly the defendant was at fault
- Your past and future pain and suffering
- If the allegedly defective mesh device was recalled from the market
- Any long-term or permanent limitations your injuries may have caused you
Aside from the above listed factors, there are several other issues to take into consideration when analyzing a hernia mesh settlement amount. Having an experienced defective medical device lawyer will prove to be extra helpful when analyzing the potential amounts that may be awarded for similar cases like yours.
A skilled hernia mesh attorney will know what to do to best present your case in the strongest manner. For this reason, it’s important to seek proper legal counsel to help you with your case.
However, it can be frustrating to deal with injuries and complications while thinking of pursuing legal action. But here’s the good news: we understand how difficult going through all this may be for you.
And that’s where we come in — we’re here to take that pressure off of you. We will do our best in helping you find the best hernia mesh attorney who can maximize your chances of winning.
Don’t hesitate to contact us today if you or a loved one suffered from injuries and complications after having hernia surgery using a mesh device.