Filing a hernia mesh lawsuit: Things to know!

Did you get a hernia mesh implant and suffered complications such as constipation, chronic pain, and/or sexual dysfunction? You may have the scope to file a lawsuit against the company that made the mesh. So, what’s the lawsuit about? A hernia mesh lawsuit basically states that the patient suffered complications after receiving the hernia mesh, because of the design or manufacturing defect. If you believe that you have a valid claim, one of key steps is to get legal help

Facts at a glance

When you meet a lawyer for your hernia mesh lawsuit, you should ask them if they are going to file a separate lawsuit. This is important, because you will get a separate compensation or settlement when you win. However, to expedite the process and lawsuit, many of these separate hernia mesh lawsuits will be eventually joined into a multi-district litigation. Fact is many of the hernia mesh brands that have been named in thousands of lawsuits filed all over the US are still in the market and are being used on patients. Some of the manufacturers who have been named in these lawsuits include Gore Medical, Genzyme Corporation, C.R. Bard and Covidien. 

Grounds for filing hernia mesh lawsuits

There are four grounds for filing a hernia mesh lawsuit. The first one is defective design, which as the name suggests, is about the design of the mesh and not the production quality. The second ground is that the hernia mesh had a manufacturing defect. In both these cases, the manufacturer can be held responsible for their action. There is also the third ground for which the manufacturer can be held liable, which is improper labeling. For instance, if the manufacturer didn’t mention the dangers of the hernia mesh in depth, they could be held liable. The fourth ground is called medical practice, in which case the surgeon who implanted the hernia mesh can be held responsible. 

Talk to a lawyer

Do you have a valid hernia mesh lawsuit? Your lawyer would be the best person to answer the same. Meet your lawyer and ask them if and what they think of this case and if they have been accepting lawsuits from patients from other states too. Ask your attorney what’s happening with thousands of these hernia mesh lawsuits filed so far. Most lawyers will work on a contingency basis for such lawsuits, which is a big advantage.  

Eric Sara
the authorEric Sara