Whether you recently received your hernia mesh implant or you’ve had surgery years ago and now the device is giving you problems, it’s only natural to think what your next step should be.
After consulting with your doctor and making sure that the hernia mesh device is indeed the cause of your side effects, you and your healthcare provider should make decisions together for the betterment of your health.
In most cases, when hernia mesh fails, revision surgery is needed to correct the damage the implant caused you. However, with your mounting medical bills from all the hospital visits, medications, and surgeries, another problem you may have to face is covering your medical expenses.
Thousands of hernia mesh victims in the United States have filed lawsuits against device manufacturers. These victims know that dealing with a physical issue such as complications from a hernia mesh requires money.
In such instances, filing a hernia mesh lawsuit may be the only way to make sure you have the necessary money to deal with the massive medical debts from the damages you have suffered. If you or a loved one sustained injuries after a hernia mesh repair, you may also be wondering about the qualifications for the hernia mesh lawsuit.
Below, you’ll learn about the most important things you should know before filing your hernia mesh claim and whether or not you qualify to file a lawsuit.
What To Know Before Filing a Hernia Mesh Lawsuit
Depending on the specifics of your case, you may be entitled to file a hernia mesh lawsuit. Before that, however, there are a handful of critical things every plaintiff should know first before filing a case.
1. Check your medical records for the brand and manufacturer of your mesh device.
It’s extremely important to know what specific hernia mesh medical device you have. These products have different brands and different manufacturers also produce them. Identify what hernia mesh product was used for your surgery along with its manufacturer. This is the first step to gathering the evidence you need for your case.
To give you an idea, some of the hernia mesh manufacturers named in thousands of hernia mesh lawsuits include:
- C.R. Bard
- Ethicon Inc.
- Atrium Medical Corporation
- Davol Inc. (a subsidiary of C.R. Bard)
Meanwhile, the following are brands of hernia mesh devices that have caused significant complications in patients:
- Proceed mesh
- C-QUR mesh
- 3D Max mesh
- Kugel patch
- Parietex composite mesh
It’s worth noting that there’s a wide array of hernia mesh products available on the market. The above listed products only include the devices that have been reported by patients as what caused the injuries cited in their lawsuits.
As such, it’s important to get a hold of your medical records to be certain of what mesh implant was used for your hernia repair surgery. Aside from providing evidence, your medical records will also also help determine if you’re eligible to file a claim and how much your case will be worth.
If you can’t get your surgical records, a hernia mesh attorney may be able to help.
2. Find out if your hernia mesh was recalled.
Hernia mesh manufacturers have recalled tens of thousands of units of mesh implants since 2005. Most of these recalls have been classified as Class II by the U.S. Food and Drug Administration (FDA).
A Class II recall means the use of a defective product may cause temporary or medically reversible health effects to an individual.
A recall for C.R. Bard’s Kugel hernia patch was classified as Class I. This is the most serious recall given by the FDA to defective drugs or medical devices. This means the recalled product can cause serious health problems or death.
Needless to say, a product recall is a red flag. If the hernia mesh product used for your surgery was recalled, it means that the medical device may be unsafe for use in such a procedure.
Companies that issued voluntary hernia mesh recalls did so because they found a problem with the device. Reasons for these recalls range from packaging errors to poor performance and adverse effects.
Here’s a list of hernia mesh products that were recalled in the past years:
- Gentrix Surgical Matrix
- Atrium Medical C-QUR Mesh
- Ethicon Proceed Surgical Mesh
- Bard Composix Kugel Hernia Patch
- Parietex Composite Parastomal Mesh
- Ethicon Physiomesh Flexible Composite Mesh (product withdrawal, not a recall)
If the device has caused you injuries but isn’t included in the list of recalled hernia mesh devices, you can still file a lawsuit. Product recalls are often initiated by a medical device company. The FDA rarely forces a manufacturer to recall a product.
That said, it’s possible that the mesh used for your hernia surgery is potentially defective or unsafe, but hasn’t been recalled by its manufacturer.
3. Know the dates of your surgery and revision surgery.
The major details of your surgery play an important role in your hernia mesh injury lawsuit.
These important information include:
- The dates of your hernia surgery and revision surgeries
- The location of your surgery
- The name of the surgeon who implanted your hernia mesh
- The name and address of the hospital where the surgery was performed
- Names and titles of other people involved in your medical care
It will be beneficial for you to collect all the documentation you have from your surgery, including brochures, consent forms, and medical records. This is helpful information you should share with your attorneys.
Keep in mind that when it comes to filing your hernia mesh lawsuit, there’s no such thing as too much detail or information. In fact, the more information you have, the more prepared you will be to lay down details about your potential hernia mesh case.
4. There are deadlines for filing a lawsuit.
Depending on which state you live in, there’s a statute of limitations that limits the time you have to file a personal injury case like a hernia mesh lawsuit.
In most states, plaintiffs only have one to two years to file their claim. In the case of hernia mesh lawsuits, the statute of limitations begins to run on the date they were injured or the date they discovered they’ve been injured.
This is why before filing a lawsuit, it’s important to ask yourself these questions first:
- When did you first notice side effects or complications after your hernia repair surgery?
- When did you realize that your surgical mesh may be responsible for your injuries?
It’s worth noting that in cases where several years have passed before you noticed symptoms of a defective hernia mesh, if a frequent visit to the doctor confirmed your injury was because of the device, it’s at this time that the clock starts ticking for you to file your claim.
Doing your best to pinpoint these specific dates will largely benefit your potential case. If the statute of limitations runs out on your claim, then the court will refuse to hear your case. As a result, you will be barred from getting the financial compensation you justly deserve.
You can avoid this by protecting your rights with the help of a hernia mesh lawyer as soon as you start to notice complications following your hernia mesh surgery.
5. The settlement amount may depend on the specific details of your specific case.
If you do have a case against mesh manufacturers, it’s important to keep in mind that these big companies also have lawyers on their side. These lawyers negotiate on their behalf to reduce liability and reduce payouts to plaintiffs. However, their end goal is to avoid liability and settlement payouts altogether.
Lawyers of these companies will fight just as hard as your personal injury attorneys may fight on your behalf. Furthermore, complex cases like hernia mesh claims take time before some lawsuits go to trial. In fact, it may take a year or two after the filing date before a few select cases go into test trials called “bellwether trials.”
And even if that happens, the verdict is not guaranteed to always be on the side of the plaintiffs. But if it’s in your favor, the hernia mesh manufacturer may still appeal. However, this may prolong the process by a few months or more.
With that said, hernia mesh claims are complex cases. These lawsuits may take a significant amount of time before they can be tried. If you decide to pursue legal action, you need to know that filing a claim doesn’t equate to instant funds coming your way. These things take time.
But with the help of an experienced lawyer, your frustrations over the long wait can be minimized, and your financial claim maximized.
6. Be able to determine if you’re eligible to file a claim for compensation.
Only a reliable hernia mesh attorney will be able to tell if you have a legitimate case against hernia device manufacturers. As discussed, requirements for eligibility may be affected by deadlines depending on which state you live in.
However, you may have a claim for compensation if:
- You underwent hernia repair surgery
- You received a hernia mesh implant
- You’ve suffered from injuries and complications and required revision surgery as a result
More details about eligibility requirements in filing a hernia mesh lawsuit may be given to you by your lawyer. Make sure to consult a reliable attorney who can answer any questions you may have about your potential case.
7. Have a skilled hernia mesh attorney on your side.
This goes without saying, but your attorney can make or break your case. We’re pretty sure you prefer the former to the latter.
A quality, skilled hernia mesh attorney has significant experience in handling surgical mesh lawsuits like yours. An attorney that will provide you great value has this end goal in mind: get you more money that you justly deserve from a settlement.
An experienced attorney will also be able to answer any questions you have without making you feel like you’re getting the run-around. After all, you’re consulting with them to get a clear and honest response. It’s a bonus if they’re able to back their answers up with previous experience.
Finding The Right Hernia Mesh Lawyer
When medical devices negatively affect patients’ quality of life, those responsible should be held liable. Hernia mesh victims who suffered from injuries after receiving a device that was supposed to help them with their condition should receive compensation for their pain and suffering.
In pursuing legal action, you’ll be facing medical device companies and huge corporations that have vast financial resources to hire a team of lawyers. But that shouldn’t keep you from fighting for your rights and filing your hernia mesh claim.
Keep in mind that finding the right hernia mesh injury lawyer will not only take the edge off these companies, but will also maximize your compensation claim.
Look for an attorney who cares about you and the things you’re going through. One who can accurately assess your case and will take the time to explain how your lawsuit is likely to proceed.
Here at Drugwatcher, we work with like-minded attorneys who are eager to make corporations liable for harming people like you when they prioritize profit over safety. If you or a loved one has a potential case against hernia mesh manufacturers, don’t hesitate to reach out today and we will put you in contact with a quality, experienced hernia mesh lawyer who will fight for you and your rights.