If you’ve been diagnosed with an injury caused by a hernia mesh implant, you might be confused about how that happened and unsure what to do next. Fortunately, the team at Zanes Law can help guide you through this challenging and uncertain time.
A hernia mesh lawsuit lawyer can meet with you to discuss your implant-related health condition and advise whether it’s in your best interests to file a product liability lawsuit. If taking legal action is the best course of action for you, you’ll want to learn more about the legal process by reviewing this guide to hernia mesh lawsuits.
Why Hernia Mesh Lawsuits Are Being Filed
Hernia mesh lawsuits are being filed for several different reasons. The three main factors behind the ongoing litigation efforts against hernia mesh implant manufacturers include:
- Defective design
- Manufacturing defects
- Failure to warn consumers about health risks and side effects
When pharmaceutical companies sell products with design and manufacturing defects or neglect to inform the public about the potential dangers associated with their products, unsuspecting consumers can suffer severe health conditions.
If you’ve suffered the consequences of a pharmaceutical company’s negligence, you may be eligible to file a lawsuit. Contact an attorney today to find out if you’re entitled to compensation for your injuries and related expenses.
How to Know if You’re Eligible to File a Hernia Mesh Lawsuit
Several factors will determine whether or not you’re eligible to file a hernia mesh lawsuit. An experienced lawyer can guide you through the process of determining eligibility, but it can be helpful to learn more about it so you can understand why you qualify for compensation.
You may be qualified to pursue damages from a pharmaceutical company if:
Your Type of Hernia Mesh Implant Is Known to Be Defective
If your specific brand of hernia mesh implant isn’t known to be defective or cause side effects, you probably won’t be able to file a lawsuit.
To find out whether your implant is currently being targeted by class action and multidistrict litigation efforts, you’ll need to obtain a copy of your “operative report.”
An operative report is a special type of medical document that is created when patients receive surgery. Your report will indicate which type of hernia mesh implant you have. If your implant is one of the following, you’ll likely be able to pursue compensation via a lawsuit:
- C.R. Bard’s 3DMax, Composix, Kugel, Marlex, PerFix, Sepramesh, Ventralight, Ventralex, and Ventrio hernia mesh implants
- Johnson & Johnson/Ethicon’s Physiomesh, Proceed, PHS, and Prolene 3D hernia mesh product lines
- Atrium’s C-Qur and Proloop implants
- Covidien’s Parietex hernia mesh implant
You Suffered Injuries and Losses Due to Your Implant
Individuals with hernia mesh implants can suffer from several different complications. If your implant is defective, you could experience severe pain, skin rashes, and even serious issues like neurological changes and organ perforation.
Health conditions caused by a defective or poorly designed implant can result in a number of different losses. In addition to medical expenses, you could also experience lost wages, reduced earning ability, emotional distress, and loss of enjoyment of life.
Schedule a free consultation with a hernia mesh lawsuit attorney to find out if your injuries and losses make you eligible to take legal action.
You Received a Revision of Your Mesh
When an implant migrates, punctures an organ, rolls up, causes infection, or leads to other issues with your internal organs, you’ll need a revision to prevent further complications.
Most hernia mesh injury victims won’t be able to pursue compensation unless they’ve undergone a revision of their mesh implant.
If you’ve experienced another hernia after receiving your mesh implant, that might not be enough for you to seek damages. However, if you’ve had to receive a revision surgery, you’ll likely have grounds for a lawsuit against the manufacturer of your hernia mesh implant.
Average Settlement for a Hernia Mesh Lawsuit
There is no average settlement value when it comes to lawsuits for hernia mesh implant injuries. Instead, you can expect to receive compensation equal to the losses you’ve endured. When you consult with an attorney, they’ll assess the expenses you’ve been burdened with and the challenges you’ve experienced due to your health condition.
Using your medical bills, wage losses, and special formulas to calculate intangible damages like pain and suffering, they’ll determine how much you should receive from a suit.
Depending on your unique injury and situation, you could obtain any of the following damages from a winning suit:
- Current medical bills
- Cost of revision surgery
- Future medical costs
- Lost wages
- Decreased earning ability
- Pain and suffering
- Emotional distress
- Diminished quality of life
How Long It Takes to Resolve a Hernia Mesh Lawsuit
As of February 2023, there are 18,813 lawsuits pending against the hernia mesh implant manufacturer C.R. Bard. The multidistrict litigation effort targeting C.R. Bard is one of many, which means there are currently tens of thousands of similar lawsuits going through courts across the nation.
Due to the massive volume of cases, federal and state courts have set up special proceedings to process all of the claims. As a result, it could take up to or longer than two years to resolve your hernia mesh lawsuit.
While two years might sound like a long time to wait to get the compensation you deserve, filing a suit is likely your only path to the financial support you need to cover your losses.
If you’re dealing with mounting medical bills and physical pain due to a hernia mesh injury, you owe it to yourself to take legal action, regardless of how long your case will take.
Deadline for Hernia Mesh Lawsuits in Arizona
Since most hernia mesh claims are product liability lawsuits, you’ll likely have to follow Arizona’s statute of limitations for product liability.
According to the statute, which appears in A.R.S. §§ 12-55, you have two years from the date you received a diagnosis caused by your implant to submit a suit.
A skilled attorney can help you figure out when your filing deadline is and help you get your suit submitted before it’s too late. In addition, they’ll guide you through the legal process of filing a hernia mesh lawsuit and ensure all state requirements and due dates are fulfilled.
Let Us Guide You Through the Process of Filing a Hernia Mesh Lawsuit
Struggling with medical expenses, pain, and emotional distress from a hernia mesh implant injury can be exhausting. If you’re dealing with the challenge of treating and recovering from a serious health condition, you probably don’t have the time or energy to file a lawsuit.
Fortunately, Zanes Law can help you collect medical evidence, prepare your suit, and file it correctly. Contact our team today to schedule a free consultation and find out if you’re eligible to take legal action. If we agree to help you with your case, we’ll guide you through the entire process of filing a hernia mesh lawsuit and fighting for the damages you’re owed.
