Kansas Hernia Mesh Lawsuit: Get the Right Attorney

Quick Summary

• Understanding Legal Grounds: Gain a foundational understanding of what constitutes a viable hernia mesh lawsuit in Kansas, including product liability, negligence, and breach of warranty claims. Learn about the evidence needed to build a strong case, such as medical records and expert testimonies.
• Eligibility and Statute of Limitations: Determine your eligibility for filing a hernia mesh lawsuit by understanding the specific requirements in Kansas, including the statute of limitations, which dictates the timeframe within which you must act to preserve your legal rights.
• Compensation and Damages: Explore the different types of compensation that may be available to you, including coverage for medical expenses, lost wages, pain and suffering, and more. Understand how Kansas law affects the calculation and awarding of these damages.

Hernia Mesh Lawsuits

Hernia mesh is a surgical device engineered to repair herniation and prevent hernia recurrence by bolstering the body’s weakened area. Nevertheless, an uptick in hernia mesh lawsuits has been noted due to post-surgical complications related to defective hernia mesh implants. The allegations in these lawsuits point towards defective hernia mesh causing severe complications.

These litigations aim at securing financial compensation for the victims, attributing the responsibility for damages to the manufacturers of the flawed hernia mesh implants. This issue is expanding, impacting numerous Kansas inhabitants.

What Is Hernia Mesh?

According to the Columbia University Irving Medical Center research, hernia mesh is a surgical device often utilized during a hernia repair surgery. The mesh is designed to provide added support to the weakened or damaged tissue [1].

While hernia mesh has been popular due to its ability to reduce hernia recurrence, it has also been the source of significant complications and distress for many patients who have undergone procedures involving hernia meshes.

These complications, often referred to as hernia mesh injuries, have led to a surge in hernia mesh lawsuits, with patients filing a hernia mesh claim that the defects in the mesh caused them severe harm.

In light of this, the hernia mesh case has put a spotlight on the manufacturers of these hernia mesh products, with many being held accountable for their faulty products.

Latest Hernia Mesh Lawsuit Updates

As the count of hernia mesh lawsuits escalates, keeping abreast of the latest developments becomes crucial for those affected. These lawsuits are progressing through the judicial system, with many awaiting resolution.

Recent updates in the realm of hernia mesh litigation reveal that there has been a notable uptick in multidistrict litigation (MDL) cases. Specifically, several high-profile settlements have been reached, and new trials are underway.

MDL is particularly advantageous as it consolidates similar cases, facilitating a more streamlined legal process and promoting consistent rulings across cases with common factual and legal issues.

The Role of Multidistrict Litigation (MDL) in Kansas Cases

If you’re a Kansas resident embroiled in a hernia mesh lawsuit, there’s a high likelihood that your case falls under multidistrict litigation (MDL).

Hernia MDL is a legal procedure that consolidates similar cases to improve efficiency and consistency in legal proceedings. This means if you’re one of the many Kansas residents affected by hernia mesh complications, your case might be heard alongside others with similar complaints. This process can be beneficial as it helps ensure a fair and efficient resolution to these complex cases.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because they believe the hernia mesh used in their surgeries was a defective hernia mesh implant. These alleged deficiencies can result in severe complications that cause significant harm to patients.

While mesh does improve most hernia repairs, there are small risks associated with them. These risks include infection, chronic pain, and extremely rarely an allergic reaction. – Columbia University Irving Medical Center

The lawsuits also often accuse hernia mesh manufacturers of failing to adequately warn consumers and the medical community about the potential risks associated with their products, leading to hernia mesh failure. This failure to warn can leave patients unprepared for the complications that may arise, adding to the distress and harm suffered.

Complications Named in the Lawsuits

According to a 2020 study by Science Direct, complications stemming from defective hernia mesh could be intense and life-changing. These complications encompass [2]:

• Adhesion
• Infection
• Rejection
• Bowel obstruction
• Mesh migration
• Shrinkage
• Bleeding
• Bowel perforation
• Chronic pain
• Hernia recurrence

These complications, including hernia mesh infections, can cause significant distress and discomfort to the patients, often requiring additional surgeries to address the issues.

In some cases, chronic infections around the hernia mesh are particularly difficult to treat, necessitating the removal of the mesh. These complications form the basis for many of the hernia mesh lawsuits.

Who Qualifies To File a Hernia Mesh Lawsuit?

A Kansas resident who has endured hernia mesh complications qualifies to file a hernia mesh lawsuit. This includes complications affecting the abdominal wall like:

• adhesions
• hernia recurrence
• intestinal blockage
• mesh migration
• organ perforation
• infection occurring more than 30 days from the hernia surgery date.

It’s also crucial that you have records of your initial hernia mesh surgery and any revision surgeries. If you’re unsure of your eligibility, it’s always advisable to consult with a hernia mesh attorney who can guide you through the process.

Hernia Mesh Lawsuit Settlement Amounts in Kansas

The settlement figures in hernia mesh lawsuits demonstrate significant variance, with an average range estimated between $65,000 and $80,000. Nonetheless, certain victims may secure a higher amount, contingent upon their case specifics. In the past, settlement amounts have ranged broadly from $50,000 to $1,000,000.

These settlement amounts are not guaranteed and depend on several factors, including the severity of your injuries, the evidence presented, and the decisions of the court. However, these figures can provide a rough estimate of what you might expect if you decide to pursue a lawsuit.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Kansas

If you’re a successful plaintiff in a hernia mesh lawsuit, you may be entitled to several types of compensation, including:

• Economic damages, which cover medical expenses and lost wages
• Non-economic damages, which cover intangible losses such as pain and suffering

Economic Damages

Economic damages are designed to compensate you for the financial losses you’ve incurred as a result of your hernia mesh complications. This includes:

• The cost of medical expenses, such as additional surgeries and extended hospitalization
• Lost income resulting from work absences
• Any future earnings lost as a consequence of ongoing health problems.

Non-Economic Damages

Non-economic damages, on the other hand, cover the more intangible losses you’ve suffered. This includes:

• physical pain
• emotional distress
• diminished quality of life
• loss of companionship

While these damages may be harder to quantify, they are nonetheless a crucial part of the compensation you may receive.

Filing a Kansas Hernia Mesh Lawsuit

The initial step is to promptly seek medical help for hernia mesh complications. This not only guarantees you receive the necessary treatment but also aids in documenting your complications.

You should then contact a hernia mesh attorney, who can guide you through the legal process and help you file your claim.

Types of Evidence To Present

In the process of filing your lawsuit, you are required to accumulate and present specific types of evidence. This encompasses:

• Identifying your hernia mesh’s brand and manufacturer
• Supplying medical records and imaging studies
• Verifying the dates of your initial and any subsequent surgeries.

You may also need to provide expert testimony to demonstrate the impact of your hernia mesh complications.

Kansas Statute of Limitation

Keep in mind that in Kansas, you must file your hernia mesh lawsuit within a certain time frame, known as the statute of limitations, which is typically two years from the date of injury or when the injury should have been discovered.

This requirement ensures that cases are based on evidence that is relatively fresh and reliable. It’s always best to consult with a hernia mesh attorney to ensure that you file your lawsuit within this two-year time frame.

Related Articles:

• Illinois Hernia Mesh Lawsuit
• Indiana Hernia Mesh Lawsuit Attorney
• Iowa Hernia Mesh Lawsuit

FAQs

Are there alternatives to hernia mesh for hernia repair?

Yes, alternatives include non-mesh surgical techniques such as the Shouldice, Bassini, and Desarda repairs, which use the patient’s own tissue to repair the hernia. These methods can be considered for those who want to avoid the risks associated with mesh.

What should I do if my hernia mesh patch has been recalled?

If your hernia mesh patch has been recalled, consult with your healthcare provider to discuss potential risks and symptoms. It may be necessary to undergo medical evaluation and possibly surgery to remove or replace the mesh.

What are punitive damages in a hernia mesh lawsuit?

Punitive damages are awarded in cases where the defendant’s conduct was especially harmful or egregious. They are intended to punish the defendant and deter similar behavior in the future. In hernia mesh cases, punitive damages may be sought if the manufacturer knowingly sold defective products.

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

Get Your Free Consultation From Kansas Hernia Mesh Lawyers

Schmidt & Clark, LLP is here to support you during tough times. If you or a loved one has suffered injuries from hernia mesh complications, reach out to us. Our team is experienced in handling these cases and will guide you through the legal process. 

We’ll help you understand your rights and determine if you’re eligible for a hernia mesh lawsuit. Consultations are free, and there are no fees unless we win your case. Contact us for a comprehensive case evaluation on hernia mesh issues.

Reference:

1. https://columbiasurgery.org/hernia/truth-about-hernia-mesh
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025