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California Hernia Mesh Lawsuit Attorney

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Hernia Mesh Lawsuit
If you or someone you know has experienced complications from hernia mesh, Schmidt & Clark, LLP, is here to help. Recognized for our expertise in plaintiff representation, our primary goal is to ensure you receive the justice and compensation you’re entitled to.

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Quick Summary

  • By participating in a California hernia mesh lawsuit, victims have the opportunity to hold manufacturers accountable for negligence and to potentially secure financial redress for the hardships endured due to faulty mesh implants.
  • Facing complications from a hernia mesh implant can be a distressing experience. As a California resident, you may be eligible to participate in a California hernia mesh lawsuit against the manufacturers responsible for your suffering.
  • This article will guide you through understanding the eligibility criteria for legal action, exploring current lawsuits, and determining your next steps toward potential compensation.

Hernia Mesh Lawsuits

Enduring the consequences of a faulty hernia mesh can be an agonizing ordeal. In California, victims of defective hernia mesh implants have started to fight back, filing legal claims against manufacturers and healthcare providers.

These lawsuits are generally based on:

For example, a lawsuit can be justified if manufacturers do not properly communicate the risks of their products, hindering informed decision-making by healthcare providers and patients.

In cases of medical malpractice, it must be demonstrated that a healthcare professional’s negligence directly led to the patient’s injury. In certain situations, manufacturing defects in hernia mesh products, such as deviations from the design or intended materials during production, can potentially create grounds for a lawsuit.

In California, manufacturers are subject to a ‘strict liability’ standard. This means that they may be held liable for injuries caused by a mesh product if the item was used as intended and the defective design posed a foreseeable risk.

It can be intimidating to maneuver through the intricate legal maze of hernia mesh lawsuits. It might seem like an uphill battle, but remember, you’re not alone.

Countless individuals are confronting these manufacturers, insisting on responsibility for their negligence. If you’re suffering from hernia mesh complications, it’s time to stand up for your rights and join the fight against these manufacturers.

The Role of Multidistrict Litigation (MDL) in Alaska Cases

When dealing with multiple lawsuits against the same entity, courts often use a process called multidistrict litigation (MDL). MDL is a process in federal court that consolidates individual lawsuits against hernia mesh manufacturers, such as those involving Bard’s hernia mesh products, for streamlined pre-trial proceedings.

The sheer scale of these litigations is staggering. For instance, the C.R. Bard MDL, one of the largest litigations involving hernia mesh, has a significant number of ongoing cases. As of May 16, there were 18,803 active cases, and by mid-June 2023, an additional 3,380 new cases were filed, bringing the total to 24,161. The Bard hernia mesh MDL alone saw an increase of nearly 600 new cases, totaling 20,972 pending cases.

Undoubtedly, the frequency of hernia mesh lawsuits is escalating. The vast number of cases in the MDL shows that you are not alone in this battle. Thousands of individuals are seeking justice for their pain and suffering, and so can you.

What Is Hernia Mesh?

As stated by DrugWatch, hernia mesh is a medical device used in hernia repair surgeries to provide additional support to weakened or damaged tissue [1]. Though it’s designed to help patients, hernia mesh has instead turned into a burgeoning national issue.

According to a 2020 research from ScienceDirect, hernia mesh is often marketed as a safe and effective solution for hernias. However, the reality is far from this. Patients are often left dealing with painful and debilitating complications, causing a significant impact on their quality of life [2].

These complications include:

These are serious health issues that can drastically affect one’s quality of life, and it’s only fair that the responsible parties are held accountable.

Latest Hernia Mesh Lawsuit Updates

Over time, the dynamics of hernia mesh litigation have seen significant shifts. Recent actions reflect a push for resolution through settlements and a decrease in the pace of ongoing trials. The cancellation of a scheduled hernia mesh trial suggests an impending closure of the opportunity to file new lawsuits within the multidistrict litigation.

Despite these shifts, the pursuit of justice persists. Recent global settlements, such as the one reached in the Ethicon Physiomesh litigation, may establish a precedent for handling current and future settlements in similar cases.

Though the outcomes of bellwether trials have varied, including a mix of defense and plaintiff verdicts, they are considered crucial for determining future settlement strategies. New lawsuits continue to be filed, indicating ongoing litigation efforts.

These developments signal that the legal battle is far from over. The fight continues, and each step brings us closer to justice. If you’re a victim of hernia mesh complications, it’s crucial to stay updated with these developments, as they can significantly influence the course of your lawsuit.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits due to complications arising from hernia mesh surgeries. For filing a hernia mesh lawsuit, it’s important to be aware of the brand and manufacturer of your hernia mesh implant, as this information is pivotal in the legal process.

Finding and verifying this information may seem daunting, but rest assured, hernia mesh attorneys are there to help. They can investigate your medical records to identify the manufacturer of your hernia mesh implant. Some individuals are experiencing symptoms indicative of hernia mesh failure; in that case, it’s advisable to first seek medical attention before considering legal action.

Manufacturers currently facing litigation for their hernia mesh products include:

If you’ve been implanted with a hernia mesh from any of these manufacturers and are experiencing complications, you could have a valid claim.

Studies have shown that surgical mesh can reduce the rate of hernia recurrence. However, some hernia mesh also has a high failure rate and can cause severe or even life-threatening complications – National Library of Medicine

Complications Named in the Lawsuit

When it comes to hernia mesh complications, the list is long and distressing. Common complications include:

  • Pain
  • Infection
  • Hernia recurrence
  • Adhesion
  • Bowel obstruction
  • Bowel perforation

These complications can be induced by several risk factors such as smoking, obesity, poor surgical technique, or pre-existing health conditions like autoimmune diseases. Design flaws in hernia mesh, such as heavy materials, small pores, or the use of allergens, can also contribute to its failure.

Complications can emerge years after surgery, including:

  • Chronic pain
  • The potential need for additional surgeries due to mesh detachment or migration
  • Mesh adhesion, where scar-like tissue forms around the mesh, joining it to internal organs, causing a cycle of surgeries
  • Higher likelihood of rejection symptoms with synthetic mesh materials.

Who Qualifies To File a Hernia Mesh Lawsuit

Individuals who had hernia repair surgery with mesh on or after January 1, 2006, qualify to file a hernia mesh lawsuit.

Qualifying complications for a lawsuit include:

  • Severe post-surgery injuries such as adhesions
  • Hernia recurrence
  • Intestinal blockage
  • Mesh migration
  • Organ perforation
  • Infection occurring more than 30 days after the surgery

However, eligibility might also hinge on the manufacturer of the hernia mesh. Eligible manufacturers include:

  • Ethicon
  • Atrium
  • Covidien
  • Bard Davol

It’s essential to note that the timing of the initial hernia mesh surgery and any revision surgeries is crucial information for qualifying for a lawsuit.

Hernia Mesh Lawsuit Settlement Amounts in California

Knowing the potential settlement amounts in hernia mesh lawsuits can be a significant factor in deciding whether to pursue a hernia mesh lawsuit. The estimated average settlement payout for Bard hernia mesh plaintiffs in California is approximately $80,000.

This amount reflects the compensation received by individuals in these cases. Bard’s experience with settlements in the previous Kugel hernia mesh mass tort may shape the settlement ranges in the ongoing cases.

However, it’s important to note that settlement amounts can vary greatly based on the specifics of each case. For example, the settlement awarded to Antonio Milanesi in 2022 resulted in a $255,000 payment and included an amount for loss of consortium.

Previous plaintiffs’ wins, such as the $500,000 verdict in Stinson and the $4.8 million verdict in Trevino, serve as indicators of possible compensation in similar cases.

Potential Compensation for Victims of Hernia Mesh Lawsuits in California

If you’re considering filing a hernia mesh lawsuit in California, what kind of compensation can you expect? California plaintiffs in hernia mesh lawsuits can seek both economic damages for monetary losses like medical bills and lost wages and non-economic damages for subjective losses such as pain and suffering.

Typically, the average settlement for hernia mesh claims falls between $50,000 and $1 million, with some jury verdicts awarding compensation ranging from $500,000 to $5 million.

For instance, the case of Antonio Milanesi in 2022 resulted in a $255,000 payment. It included an amount for loss of consortium, which is a type of non-economic damage that compensates for the loss of companionship or relationship due to a personal injury.

In California, non-economic damages in lawsuits have statutory caps, which vary based on the type of case, whether it’s personal injury, product liability, or medical malpractice.

When a hernia mesh case proceeds to trial and the plaintiff is successful, juries may award compensatory and punitive damages. However, parties often enter settlement negotiations to avoid the unpredictability of a trial.

While the potential compensation can be substantial, it’s important to understand that every case is unique. Factors such as the severity of your complications, the impact on your quality of life, and the details of your surgery and subsequent treatments can all influence the potential compensation.

Filing a California Hernia Mesh Lawsuit

After consulting an attorney and getting the green light on the case viability, California plaintiffs can lodge their lawsuit in the Los Angeles Superior Court.

Legal strategies, such as filing motions to remand hernia mesh cases to local courts, can be used to pressure the defendants to settle, potentially increasing the value of settlements.

While the process of filing a lawsuit can be complex and daunting, remember that you don’t have to do it alone. A qualified hernia mesh lawyer can guide you through the process and fight for your rights.

Types of Evidence To Present

Having the right kind of evidence is crucial in any lawsuit. When it comes to hernia mesh lawsuits, the types of evidence that can be used in court include:

  • The removed hernia mesh is used to analyze product failure.
  • Medical documentation of the surgery and related complications.
  • Expert medical opinions on the complications’ severity and health impact.
  • Research or FDA findings on risks associated with the hernia mesh.
  • Manufacturer communications, including product warnings or instructions.
  • Photos of injuries and physical effects.
  • Journals noting pain, symptoms, and daily life impact.
  • Medical expense records for treatments and medications.
  • Employment documentation for lost wages or reduced earning capacity.
  • Testimonies about the plaintiff’s condition and life changes.

These pieces of evidence can collectively help to establish the link between the hernia mesh and the complications suffered, as well as the overall impact on the plaintiff’s life.

California Statute of Limitation

Time is of the essence when it comes to filing a hernia mesh lawsuit. The California statute of limitations for hernia mesh lawsuits is 2 years from the date of injury, with some exceptions based on the discovery rule or statutes of repose.

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See all related medical device lawsuits our attorneys covered so far.

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Have you or a loved one suffered severe pain or injury from a defective medical device?

Get Your Free Consultation From California Hernia Mesh Lawyers

The legal team at Schmidt & Clark, LLP stands ready to assist you in these challenging times. If hernia mesh complications have harmed you or someone close to you, don’t hesitate to get in touch with us.

Our attorneys are well-versed in hernia mesh device complications and will navigate you through the complexities of the legal system. We’ll clarify your legal options and assess whether you have a viable hernia mesh claim.

We offer consultations at no cost, and you won’t incur any fees unless we secure a victory in your case. Reach out to us for a detailed case review concerning hernia mesh complications.

Reference:

  1. https://www.drugwatch.com/hernia-mesh/
  2. https://www.sciencedirect.com/science/article/pii/S2666138120300025

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