Hernia Mesh Lawsuit Settlements – What to Expect and When

Hernia mesh lawsuit settlement is a financial compensation that may be offered to individuals who have experienced adverse outcomes due to a hernia surgical mesh implant.

The settlement amount will depend on each case’s specifics, including the hernia mesh complications’ severity and the impact on the individual’s quality of life. 

At Schmidt & Clark, LLP, we are experts in hernia mesh lawsuits. The whole team is committed to holding people responsible for their negligence and helping those affected by defective hernia mesh get the needed assistance.

Why Choose Schmidt & Clark, LLP For Your Claim

We have over 20 years of experience representing injured people in their claims against large corporations and government agencies.

Our lawyers represent the victims of defective hernia mesh in the United States. 

Our law firm will deal with every aspect of your case on your behalf and guide you through every stage of litigation.

Quick Summary

• Hernia mesh lawsuit settlements can vary widely depending on the specifics of the case and the laws of the state.
• It is impossible to predict the exact amount of a settlement, as it will depend on factors such as the severity of the injury, the level of medical expenses incurred, and the number of lost wages.
• Negotiating and finalizing a settlement can take time. It is necessary to go through a discovery process and attend mediation or trial before a settlement is reached.

Are Settlements Individual or Collective?

Settlements can either be individual or collective in a hernia mesh lawsuit.

Individual Settlements

Individual settlements are specific to a single individual and their unique hernia mesh case.

These settlements are typically based on the specific damages the individual has suffered due to hernia mesh surgery, such as medical expenses, lost wages, and pain and suffering.

Individual settlements may also consider the impact of the hernia mesh on the individual’s quality of life and any ongoing medical issues or disabilities resulting from the implant.

For example, if an individual experiences complications from a hernia mesh implant and incurs significant medical expenses, as a result, they may be eligible for a separate hernia lawsuits mesh settlement to cover these costs. 

If an individual cannot work due to complications from a hernia mesh implant, they may be eligible for a settlement to cover their lost wages. The settlement amount will depend on the specifics of the individual’s case, the severity of the complications, and the impact on their quality of life..

Collective Settlements

Collective settlements involve individuals who have all experienced adverse outcomes due to a hernia mesh implant. These settlements are often referred to as class action lawsuits, allowing individuals to band together and pursue legal action against the manufacturer of the hernia mesh as a group. 

Collective settlements may be offered to the entire group of individuals involved in the lawsuit, or they may be divided among the group based on the specific damages suffered by each individual.

For example, if a group of individuals all experienced complications from a particular brand of hernia mesh implant, they may choose to pursue a class action lawsuit against the manufacturer. 

If the lawsuit is successful, the manufacturer may offer a collective settlement to compensate the group for their losses. The settlement amount may be based on the overall damages suffered by the group or divided among individuals based on the specific injuries.

Individual and collective settlements in hernia mesh lawsuits can be reached through negotiation or court. In either case, individuals need to consult a lawyer to understand their options and ensure they are fairly compensated for their damages.

What Do Compensatory Damages Mean?

Compensatory damages mean financial compensation that may be awarded to individuals who have suffered losses due to another party’s actions.

These damages are meant to “compensate” the individual for the harm they have suffered and are intended to put the individual in the position they would have been in had the injury not occurred.

Compensatory damages in a hernia mesh lawsuit can cover a variety of losses, and these are some of them.

Medical Expenses

Compensatory damages may cover the cost of medical treatment and procedures related to the hernia mesh implant, such as additional surgeries or treatments to address complications. This can include things like hospital bills, doctor’s fees, and the cost of medications.

Lost Wages

If an individual is unable to work due to complications from a hernia mesh implant, compensatory damages may cover the lost wages that they have incurred. This could include the wages the individual would have earned if they could work and any lost opportunities for advancement or bonuses.

Pain and Suffering

Non-economic damages, such as pain and suffering, may be awarded to compensate the individual for the physical and emotional distress they have experienced due to the hernia mesh implant. This can include things like physical discomfort, anxiety, and depression.

Loss of Enjoyment of Life

Suppose the hernia mesh implant has significantly impacted the individual’s ability to engage in activities they enjoyed before the implant.

In that case, they may be eligible for damages to compensate for this loss. It can include things like hobbies, sports, or other leisure activities.

Emotional Distress

Compensatory damages may also cover the emotional distress the individual has experienced due to the hernia mesh implant, such as anxiety, depression, or trauma.

There are two main categories of compensatory damages: 

• Economic damages 
• Non-economic damages

Economic Damages

Economic damages are intended to compensate the individual for their financial losses due to a hernia mesh implant. This can include things like medical expenses, lost wages, and the cost of additional medical procedures or treatments. 

If an individual experiences complications from a hernia mesh implant, they may incur significant medical expenses for additional surgeries or treatments to address the issues.

They may also be unable to work and incur lost wages due to complications. Economic damages would cover these financial losses.

Non-Economic Damages

Non-economic damages are intended to compensate the individual for their intangible losses, such as emotional distress, pain and suffering, and loss of enjoyment of life.

These damages are more subjective and difficult to quantify, but they are designed to provide financial compensation for the intangible harm the individual has experienced. 

If an individual experiences significant pain and discomfort due to a hernia mesh implant, they may be awarded non-economic damages for their pain and suffering.

Or, if an individual is left with permanent physical or emotional scars due to a hernia mesh implant, they may be awarded non-economic damages for their emotional distress and loss of enjoyment of life.

Both economic and non-economic damages may be awarded in hernia mesh lawsuit settlements, and the specific amount of damages will depend on the specifics of each case, including the severity of the complications and the impact on the individual’s quality of life.

How to Calculate Hernia Mesh Settlements?

To calculate hernia mesh lawsuit settlements, a hernia mesh attorney or another legal professional will typically gather all relevant documentation, including medical records and bills, wage loss documentation, and any other evidence of financial losses.

They will then work with the individual to determine the full extent of the hernia mesh injuries and any financial losses incurred.

Once all this information has been collected, the hernia mesh lawyer or legal professional will negotiate with victims for a settlement. This may involve dealing directly with the hernia mesh manufacturers or their insurance company, or it may include filing a lawsuit and presenting the case to a judge or jury.

Regardless of whether you’re arguing that the hernia mesh was defective (product liability), or that the health care provider who treated you made an unreasonable mistake (medical malpractice), a hernia mesh lawsuit is a complicated undertaking.
– David Goguen, J.D. at nolo.com

It is important to note that calculating and negotiating hernia mesh lawsuit settlements can be complex and time-consuming. It is generally best to work with an experienced attorney or legal professional to ensure that the compensation is fair and just.

Several factors can impact the amount of a hernia mesh settlement, and these are just some of them.

Related Article: Symptoms or Signs of Mesh Migration

The Severity of the Harm or Injury

The more severe the damage or injury, the higher the potential settlement amount. This can include physical pain and suffering, as well as any disability or loss of quality of life that has resulted from the hernia mesh device.

Factors that may be considered when evaluating the severity of the harm or injury include:

• The extent of the physical injuries.
• The length of time required for recovery.
• The impact on the individual’s ability to perform daily activities and enjoy life.

Medical Expenses

Any medical expenses incurred from the hernia mesh device, including surgery costs, hospital stays, and rehabilitation costs, can be included in the settlement calculation.

This can consist of past and future medical expenses and any expenses related to additional surgeries or treatments that may be necessary due to the hernia mesh device.

Lost Wages

If the harm or injury has resulted in the individual being unable to work, the settlement may include compensation for lost wages and future earning potential. This can consist of lost wages from time off work and any reduction in earning capacity if the individual cannot return to their previous job or can only work in a limited capacity.

Other Financial Losses

Any other financial losses incurred from the hernia mesh device, such as transportation costs for medical appointments or hiring in-home care, can be included in the settlement calculation.

Negligence

In cases where the harm or injury was caused by the manufacturer’s or another party’s negligence, the settlement may include additional damages for this negligence.

Negligence may occur if the manufacturer fails to adequately test the hernia mesh device, design or manufacture the device properly, or provide appropriate warnings or instructions.

Pre-existing Conditions

If the individual had a pre-existing medical condition exacerbated by the hernia mesh device, this might impact the settlement amount. In some cases, the settlement may be reduced if the pre-existing condition contributed to the harm or injury.

State Laws

The state’s laws where the harm or injury occurred may also impact the settlement amount. For example, some states have caps on the number of damages that can be awarded in personal injury cases.

The Strength of the Case

The strength of the case can also impact the settlement amount. If there is clear evidence that the hernia mesh device caused harm or injury and the responsible parties are at fault, the settlement may be higher. On the other hand, if there is less evidence or the case is weaker, the compensation may be lower.

Have Any Hernia Mesh Cases Been Settled?

There have been numerous hernia mesh cases that have been settled. Below are some hernia mesh lawsuit settlements.

Ethicon Physiomesh Flexible Composite Mesh MDL

Johnson & Johnson, the parent company of Ethicon, agreed to pay $60 million to resolve more than 3,000 lawsuits involving the Ethicon Physiomesh hernia mesh product. The lawsuits claimed that the product was defective and caused severe complications, including pain, infection, and the need for additional surgery.

C.R. Bard Kugel Mesh Patch MDL

C.R. Bard, a medical device manufacturer, agreed to pay $184 million to resolve more than 3,600 lawsuits involving the Kugel Mesh Patch hernia mesh product. The lawsuits claimed the product was defective and caused severe complications, including pain, infection, and organ damage.

Atrium C-Qur Mesh MDL

Atrium Medical Corporation, a medical device manufacturer, agreed to pay $200 million to resolve more than 3,600 lawsuits involving the C-Qur hernia mesh product.

The lawsuits claimed the product was defective and caused severe complications, including pain, infection, and the need for additional surgery.

Ethicon 3D Max Mesh MDL

Johnson & Johnson, the parent company of Ethicon, agreed to pay a total of $20 million to resolve more than 1,000 lawsuits involving the 3D Max Mesh hernia mesh product.

The lawsuits claimed that the product was defective and caused severe complications, including pain, infection, and the need for additional surgery.

Bard Davol Composix Kugel Mesh MDL

C.R. Bard, a medical device manufacturer, agreed to pay $184 million to resolve more than 3,600 lawsuits involving the Composix Kugel Mesh hernia mesh product.

The lawsuits claimed the product was defective and caused severe complications, including pain, infection, and organ damage.

Ethicon Proceed Mesh MDL

Johnson & Johnson, the parent company of Ethicon, agreed to pay a total of $20 million to resolve more than 1,000 lawsuits involving the Proceed Mesh hernia mesh product.

The lawsuits claimed that the product was defective and caused severe complications, including pain, infection, and the need for additional surgery.

Atrium C-Qur V-Patch MDL

Atrium Medical Corporation, a medical device manufacturer, agreed to pay $25 million to resolve more than 1,300 lawsuits involving the C-Qur V-Patch hernia mesh product.

The lawsuits claimed that the product was defective and caused severe complications, including pain, infection, and the need for additional surgery.

C.R. Bard Perfix Plug MDL

C.R. Bard, a medical device manufacturer, agreed to pay $18 million to resolve more than 600 lawsuits involving the PerFix Plug hernia mesh product.

The lawsuits claimed the product was defective and caused severe complications, including pain, infection, and organ damage.

Covidien Parietex Composite Mesh MDL

Covidien, a medical device manufacturer, agreed to pay $12 million to resolve more than 400 lawsuits involving the Parietex Composite Mesh hernia mesh product.

The lawsuits claimed that the product was defective and caused severe complications, including pain, infection, and the need for additional surgery.

Ethicon PHS II Suture Anchor MDL

Johnson & Johnson, the parent company of Ethicon, agreed to pay $13.5 million to resolve more than 500 lawsuits involving the PHS II Suture Anchor hernia mesh product. The lawsuits claimed that the product was defective.

Related Articles:

• Bard Composix Mesh Complications
• Statute of Limitations for Hernia Mesh Lawsuits

See all related medical device lawsuits our lawyers have covered.

Do Trial Verdicts Have Any Effect on the Amount of Settlement?

Yes, trial verdicts can affect a case’s settlement amount, although it is not always the case. A trial verdict is a decision made by a judge or jury after hearing the evidence presented in a suit and determining which party is liable and what damages if any, should be awarded.

Suppose a case goes to trial and the plaintiff successfully proves that the defendant is liable for their injuries or damages. In that case, the plaintiff may be awarded specific damages.

This amount can be based on various factors, including the severity of the injuries or damages, the cost of medical treatment or other expenses, and the impact the injuries or damages have had on the plaintiff’s life.

A trial verdict can affect settlement negotiations. For example, suppose the plaintiff is awarded many damages in a trial verdict. In that case, the defendant may be more willing to settle the case for a lower amount to avoid the risk of having to pay a higher amount if the case were to go to appeal.

If the defendant is successful in defending against the plaintiff’s claims in a trial, they may be less willing to settle the case for any amount. In this case, the plaintiff may decide to appeal the trial verdict or to negotiate a settlement for a lower amount to avoid the costs and risks of continuing to pursue the case.

It is also worth noting that not all cases go to trial. Many cases are resolved through settlement negotiations, in which the parties agree to resolve the case by paying a specific amount of damages or other compensation to the plaintiff.

In these cases, the trial verdict may not have any effect on the amount of settlement.

FAQs

How Long Does It Take To Settle a Hernia Mesh Lawsuit?

The length of time it takes to settle a hernia mesh lawsuit can vary widely depending on several factors, such as the complexity of the case, the availability of evidence, the willingness of the parties to negotiate, the availability of the parties, and the court’s schedule. It can take anywhere from a few months to years.

Does Settlement Money Come in a Check?

Settlement money can be paid in various ways, including by check. In some cases, the settlement money may be delivered in a single lump sum, while in others, it may be paid in installments over time.

Is Settlement Money Considered Income?

Settlement money is generally considered taxable income and must be reported on your tax return. This includes any money received due to a lawsuit or insurance claim involving a hernia mesh injury. The Internal Revenue Service (IRS) considers settlement money taxable unless it is expressly excluded by law.

Get a Free Lawsuit Evaluation With Our Lawyers

Legal claims are currently being filed against many manufacturers of mesh devices for failing to warn patients and physicians of the health risks associated with defective hernia mesh products.

If you suffer from a severe hernia mesh injury or your loved one died due to defective hernia mesh, contact an experienced hernia mesh lawyer at Schmidt & Clark, LLP to discuss your legal options.

We are an experienced team of personal injury lawyers focusing on presenting plaintiffs in hernia mesh claims. Our hernia mesh lawyers are handling numerous lawsuits nationwide and currently accepting new cases in all 50 states.

References:

1. https://www.forbes.com/advisor/legal/product-liability/hernia-mesh-lawsuit/
2. https://www.drugwatch.com/hernia-mesh/lawsuits/
3. https://www.nolo.com/legal-encyclopedia/how-long-will-my-hernia-mesh-lawsuit-take.HTML