Hernia Mesh Lawsuit Lawyers

Navigating hernia mesh lawsuits requires specialized legal knowledge and expertise. Our dedicated legal team is well-versed in the intricacies of these cases and offers comprehensive support to those affected by defective hernia mesh products. 

Keep reading to learn more about the hernia mesh litigation, including what these lawsuits are really about, who can file a claim, what the deadline is, how to file a claim, and how our lawyers can help. 

What Is the Hernia Mesh Lawsuit About?

Surgical repair for a hernia often involves using a synthetic mesh, which is intended to support the affected area. The hernia mesh lawsuit pertains to the serious medical complications experienced by some patients due to a defective hernia mesh product. 

Since the early 2000s, various hernia mesh manufacturers have introduced numerous types of these meshes into the market. However, there have been multiple instances where these devices have had severe design flaws, leading to adverse health consequences, including severe chronic pain and often revision surgery. 

Ultimately, the hernia mesh lawsuits claim the manufacturers of these defective medical devices failed to adequately warn patients and healthcare providers about the risk of severe hernia mesh complications associated with their use. 

What Is the Status of the Hernia Mesh Lawsuits?

As of February 8th, 2024, three hernia mesh device lawsuits have proceeded to trial with over 20,000 pending cases still remaining. [1] A fourth trial was supposed to take place, but the court decided against it and canceled it, given the cost and time expended on the first three trials.

This decision is based on the observation that previous trials involved different devices and legal questions, and an additional trial on a distinct device wouldn’t significantly affect existing fundamental issues. The court’s goal behind this strategy is to encourage hernia mesh settlement negotiations.

Are There Any Hernia Mesh Class Actions?

There are currently four separate class action Multidistrict Litigations (MDLs) concerning hernia meshes. Each class action hernia mesh MDL focuses on claims against a different manufacturer responsible for producing the defective hernia mesh implants. 

The lawsuits have been consolidated to efficiently process thousands of individual cases brought forward by affected patients with similar hernia mesh injuries stemming from a specific manufacturer’s hernia mesh defects.

Hernia Mesh Lawsuit Updates

The hernia mesh class action lawsuit MDLs, particularly those involving C.R. Bard products, have seen a few developments. Here is the recent hernia mesh lawsuit update:

• In January, the C.R. Bard hernia mesh MDL expanded with nearly 100 new hernia mesh lawsuits added, bringing the total number of pending cases to more than 20,000. [1]
• In October 2023, a $500,000 judgment was entered in the Stinson MDL case. [2] Bard’s attempt to appeal the trial judge’s decision in the Stinson case (a man who underwent a right inguinal hernia repair) was denied.
• The judge canceled the next hernia mesh trial in the MDL, the Bryan case, set for April. They decided against holding this fourth bellwether trial, reasoning that after three trials and given the substantial costs and time invested, another trial would not significantly contribute additional value to the litigation process.

The court clearly wants to settle more cases, but so far, that hasn’t happened, and it’s a bit unclear what will push these medical device companies to start making more settlements.

Hernia Mesh Lawsuit Statute of Limitations

The deadline to file a hernia mesh lawsuit, known as the statute of limitations, differs in each state. This timeframe is typically determined by when you first became aware of the medical complications associated with your hernia mesh implant.

In Illinois, the statute of limitations for a hernia mesh lawsuit is two years from the time you discover adverse effects linked to defective hernia mesh. 

However, Illinois adheres to a statute of repose for cases concerning failings in these devices, which is 12 years from when the device was implanted. This means that after 12 years, no matter when you learn of the complications, you will no longer be eligible to file a surgical mesh lawsuit. 

Who Can File a Hernia Mesh Claim?

To be eligible to file a hernia mesh lawsuit, certain criteria must be met. These include:

• Underwent hernia repair surgery involving a mesh implant on or after January 1, 2006.
• Suffering from serious complications such as adhesions, hernia recurrence, intestinal blockage, migration of the mesh implant to other parts of the body, perforation of organs or tissues, or significant infection occurring more than 30 days after the original hernia surgery date.
• Having revision surgery or being advised by a medical professional that you require additional surgeries due to complications stemming from the initial surgical mesh implant.

If you meet the above criteria and are one of the many hernia mesh victims suffering from complications from a hernia mesh implant, it may be time to consider taking legal action to seek compensation for the distress and financial burden caused by these medical devices. 

How to File a Hernia Mesh Lawsuit

To file a hernia mesh lawsuit, there are several steps required to ensure you lay a strong foundation for your case.

Schedule a Free Consultation to Verify Your Eligibility

Initially, you should verify your eligibility for legal action by obtaining a free case evaluation from an experienced hernia mesh lawyer. This will involve reviewing the specific details and determining if it’s likely that a defective hernia mesh was the cause of your severe injuries or complications. Contact Rosenfeld Injury Lawyers to determine your eligibility. 

Gather Evidence

To substantiate your claim, it’s essential to gather pertinent evidence. This typically comprises medical records, expert testimony, and any other supporting documents that serve as proof of the hernia mesh injuries suffered and link them to the hernia mesh.

File Your Lawsuit

Next, you will work with your Hernia mesh lawsuit attorneys to file the claim and ensure your hernia mesh lawsuit is filed within the appropriate statute of limitations.

Negotiate a Hernia Mesh Lawsuit Settlement

Your hernia mesh lawsuit attorneys will attempt to negotiate a settlement with the manufacturer. If a settlement can be reached, the case can be resolved at this point without going through a trial.

Trial if Necessary

During the hernia mesh trial, your lawyer will provide evidence and witness testimony supporting your claim. The judge or jury will then decide whether you are entitled to any damages based on the presented facts. 

What Makes Us the Best Hernia Mesh Lawyers for Your Case

Assessing Your Case

We start by offering a free, comprehensive evaluation of your case to determine its viability. Our legal team will review the specifics around your situation — including when and where the hernia mesh surgery happened and what complications you faced afterward — ensuring we establish a solid foundation for your claim.

Building a Strong Case

Once we decide to move forward, our lawyers meticulously prepare your case. We gather all necessary medical records, documentation of complications or injuries related to the hernia mesh, and opinions from medical professionals proving the link between your suffering and the hernia mesh implant. 

Support and Communication

Our legal team believes open and transparent communication forms the backbone of a successful attorney-client relationship. Throughout the entirety of your hernia mesh lawsuit process, we ensure you are never left in the dark. We provide regular updates on how your case is progressing and are available to answer any questions or concerns you may have.

Level the Playing Field

Ultimately, facing large manufacturers with immense resources can be close to impossible for an individual. Our involvement evens out this disparity by bringing legal expertise and resources to the table. We are deeply familiar with the tactics used by these large corporations and possess the strategic know-how required to counteract them effectively. 

Are Hernia Mesh Attorneys Expensive?

We understand the concern about finances when dealing with hernia mesh injuries and considering filing a lawsuit with the help of hernia mesh attorneys. However, hiring a hernia mesh attorney doesn’t have to be financially draining. At Rosenfeld Injury Lawyers, we operate on a contingency fee basis. 

This means that we do not charge any upfront or hourly costs. Instead, our legal fees are an agreed-upon percentage deducted from any recovery in your case, the settlement figure or compensation awarded at trial. If you don’t get paid, we don’t get paid.

Damages a Hernia Mesh Attorney Can Help You Recover

A skilled hernia mesh attorney can assist you in pursuing a range of damages to ensure you are adequately compensated for the harm suffered. Here’s an overview:

• Pain and Suffering
• Medical Bills
• Lost Income
• Mental Anguish

Wrongful Death Damages

For cases involving wrongful death claims linked with defective hernia mesh, you may be able to recover damages such as funeral and burial expenses, medical bills, loss of financial support the deceased would have provided, loss of consortium, loss of moral support and education the deceased person would have provided for their children, and mental suffering, grief, and sorrow. 

The exact type and amount of compensation you could be entitled to is dependent on your specific situation. The best way to determine this is to speak with an experienced attorney.

Has Anyone Received a Hernia Mesh Settlement?

Multiple plaintiffs have received hernia mesh settlements or court judgments in hernia mesh lawsuits, with varying amounts awarded based on the severity of their injuries and the complexities of each case:

• $800,000 settlement for an Alabama woman in her 70s
• $560,000 awarded to a Florida man in his 40s
• $475,000 given to a Utah man in his 50s

Many settlement amounts in hernia mesh lawsuits are not disclosed to the public. However, another significant settlement includes:

• C.R. Bard reached a $184 million settlement in 2011 with approximately 2,600 state and federal lawsuits involving its Kugel hernia patch. [3]

Despite these notable hernia mesh lawsuit settlements and verdicts, most of the hernia mesh cases still need to be addressed.

What Is the Average Hernia Mesh Payout?

There’s no set or average hernia mesh lawsuit payout as each case varies significantly in terms of facts and circumstances. The amount can fluctuate based on several factors that lawyers, manufacturers, and courts spend considerable time evaluating to determine fair compensation.

Several critical aspects influencing settlement figures include:

• Severity of Injuries: How severe the complications are arising from the defective hernia mesh play a significant role. Issues like chronic pain, infections, or requiring multiple surgeries significantly impact settlement amounts.
• Medical Costs: All past and future medical expenses related to treating serious injuries caused by a failed hernia mesh surgery can be obtained, including the cost of hospital stays, surgeries, and medication. 
• Impact on Plaintiff’s Life: The impact of the injuries on the plaintiff’s quality of life – encompassing both their physical and emotional well-being – is another important factor in determining settlement values. This includes evaluating how much the hernia mesh injury has altered daily activities, diminished enjoyment of the plaintiff’s life, and caused chronic pain and suffering.
• Strength of Evidence: Solid evidence showcasing the defendant’s liability significantly affects settlement outcomes. If the plaintiff’s hernia mesh lawyers can show strong evidence that clearly establishes a direct link between the hernia mesh and complications experienced, this can compel defendants to agree to higher settlements. 
• Bellwether Trial Verdicts: Bellwether trial verdicts are important as they serve as test cases used to predict the outcome of similar legal actions in a larger group of lawsuits. These trials provide valuable insights into how juries may respond to evidence and arguments, thus influencing negotiations and settlement amounts in subsequent cases involving similar claims. 

If bellwether trials result in substantial awards for the plaintiffs, it can encourage defendants to offer higher settlements in an effort to resolve pending cases more efficiently and avoid riskier jury determinations.