Hernia mesh recalls, lawsuits, and settlements have been prevalent and widespread for many years. In 2006, the FDA approved the first mesh products, and since then, almost a dozen medical device manufacturers have developed and marketed these products. Unfortunately, the medical device was rushed through FDA approval and to market.
It is now clear that many hernia mesh manufacturers failed to properly design, manufacturer, and test the medical devices, which left patients paying the price. In 2018, the FDA was averaging over 500 adverse events per month related to surgical mesh. Patients expected the FDA to protect them, but instead, they were dealing with infections, medical complications, pain, and lots of suffering.
Why Hernia Mesh Cases are So Prevalent
Hernia mesh manufacturers utilized the FDA’s 510(k) exception to rush development and FDA approval. This rushed approval meant critical device defects were not caught before devices were manufactured and placed into patients.
This rush to market was a failure of the FDA and the manufacturers. Medical device manufacturers have a responsibility to design, manufacturer, and market safe products. Failure to do falls under product liability law and victims have a right to compensation.
The FDA is supposed to protect consumers, however, medical device lawsuits have shown the FDA approval doesn’t guarantee that a medical device is safe. Sometimes new medical devices are created too fast and not enough testing is completed prior to sale. This is especially trye when manufacturers use the FDA’s 510(k) exemption to reduce down their development and testing.
Compensation for Hernia Mesh Cases
If your claim is successful, the medical device manufacturer may be required to provide compensation for the following:
- Medical Expenses: Compensation may cover past and future hospital bills, rehabilitation, transport services, and other expenses.
- Lost Wages: If you are unable to perform your job as a result of your medical issues, you may be able to collect compensation to recover the amount you would have made had you not been injured. If the medical complications are severe enough to require extensive care and leaves you permanently disabled, you may be entitled to compensation for future lost wages.
- Pain and Suffering: While money may not directly help you with emotional anguish caused by the hernia mesh device, it can pay for therapy, which may be needed to manage a long-term illness.
- Punitive Damages: Punitive damages are considered punishment and are typically awarded at the court's discretion when the medical device manufacturer’s behavior is found to be especially harmful.
Compensation for Hernia Mesh Cases
If you believe you have been injured as a result, I recommend the following actions to set yourself for a successful claim:
- Visit a doctor to document your complications. Record and retain all photos and information associated with this visit.
- Locate the specific dates of your hernia mesh surgery. Collect any documentation you have associated with this procedure.
- Determine the manufacturer of your medical device. We’ll need to know the exact manufacturer and model for your claim.
- Contact an experienced product liability lawyer and don’t delay. There are statues of limitations for defective medical device cases, so the sooner you reach out to a lawyer the better.
I'll Protect You and Your Rights
Are you concerned that your hernia mesh device was recalled or has cause complications? If so, you need an experienced attorney who specializes in medical device defects, recalls, and lawsuits.
I’ve been serving product liability victims in (and around) Houston, Texas, since 2001. I have nearly two decades of experience helping people just like you. There is a lot that goes into a lawsuit against a medical device manufacturer. I’m here to help every step of the way.
Recovering compensation is a lengthy and complicated process. Medical companies will often pressure victims into making hasty decisions. What may seem like a fast and fair settlement can be grossly undervalued and this can degrade your physical, emotional, and financial well-being for many years to come.
Hernia Mesh Lawsuit FAQs
Many hernia mess patients have stated the medical device caused injuries to their abdomen, bowel, and intestines. Some of the most documented complications include infections, bulging, constipation, diarrhea, nausea, rashes, fever, perforation of the bowel, nerve damage, and problems with the liver or kidneys. Patients also claim significant pain in the joints, abdomen, legs, groin area, and nerves.
If you are experiencing any of these symptoms, it would be best to visit a doctor for an evaluation. Document all activity associated with this visit.
If you underwent a hernia mesh repair and you experienced complications, you may be eligible for a lawsuit. Speaking with an experienced product liability attorney will help flesh out your eligibility and options.
If there has been a recall on a medical device implanted inside of your body, you should contact a lawyer immediately. A recall presents its self when there has been proven defects that need to be corrected.
My law firm can file lawsuits for anyone that has had a defective hernia mesh implanted inside their body within the State of Texas or Southern District of Texas Federal Court. My law firm also works with firms all around the country that represent victims of defective medical devices.
This answer can be a little complicated. Medical malpractice claims are severely limited in the State of Texas – but we may be able to circumvent strict Texas laws if you have a defective hernia mesh claim or any defective medical device or implant claim.
If a settlement is not reached prior to court, the hernia mesh claim would be an individual lawsuit.
A lawyer or law firm cannot give an exact time frame for any case. We work as hard as we can to get results in all civil litigation cases as we don’t get compensation until the case is settled or won at trial.
It is impossible to estimate because every case is unique. Compensation will be based on known economic damages, as well as non-economic damages.
However, we do know past settlements have been large. Examples of past hernia mesh $150 million in three Johnson & Johnson settlements, $503 million in three CR Bard settlements, $79 million in two Boston Scientific settlements, and over $1 billion in two Endo International settlements.
Free Initial Consultation and No Out-of-Pocket Costs*
If you are injured and believe you have been a victim of someone else’s negligence, call me at 281.929.0110 for a free initial consultation. Or if it is an emergency, please feel free to text me at 832.797.7600.
*As your personal injury lawyer, I will only receive a fee if we recover a settlement or jury verdict for you. In other words, you don’t pay any legal fees unless I make a financial recovery for you!
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