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Louisiana 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

  • Understanding Your Rights: Get to know your legal rights as a patient in Louisiana, including the standard of care you should expect and what constitutes a breach of this standard due to a defective hernia mesh product.
  • Litigation Landscape: Dive into the specifics of hernia mesh litigation in Louisiana, including key legal precedents, the typical timeframe for these cases, and what claimants can expect during the process. This section also covers how Louisiana’s unique legal statutes might affect your case.
  • Filing a Lawsuit: Learn about the initial steps involved in filing a hernia mesh lawsuit in Louisiana, from documenting your injuries and complications to choosing the right attorney who specializes in medical device litigation within the state.

Hernia Mesh Lawsuits

A hernia mesh lawsuit in Louisiana is not just a claim; it’s a fight for justice against those responsible for the pain and suffering caused by a defective mesh implant. These lawsuits consider state-specific legal aspects such as product liability regulations and damage caps.

This means that if you’ve experienced pain due to a faulty hernia mesh, you can discuss legal options to file a medical malpractice lawsuit against the medical professional and other involved parties in Louisiana.

However, to succeed, you need to understand the landscape of hernia mesh lawsuits, the role of multidistrict litigation, and the latest updates on these lawsuits. This knowledge can help you build a strong case and increase your chances of receiving the justice you deserve.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is a type of medical device specifically designed for repairing hernias in a patient’s body. It is commonly used in hernia repair procedures [1]. It’s designed to support the weakened or damaged tissue around the hernia and can be made from synthetic materials or animal tissue.

However, not all hernia mesh products are created equal. Some hernia mesh implants are defective, leading to a host of complications and, eventually, lawsuits. Defective hernia mesh can cause severe complications such as:

  • Chronic pain
  • Infection
  • Adhesion
  • Mesh migration
  • Organ perforation

These complications can severely impact a patient’s quality of life, often requiring additional surgeries and leading to significant physical and emotional distress. This is why many victims of defective hernia mesh choose to take legal action to seek compensation for their injuries.

Latest Hernia Mesh Lawsuit Updates

The landscape of hernia mesh lawsuits is ever-evolving, with new developments influencing the course of litigation and potential settlements. Multidistrict litigations (MDLs), consolidating similar cases, are growing, and bellwether trials are underway, setting precedents that could influence future settlements.

For instance, a $4.8 million verdict was awarded in Rhode Island state court, and a $500,000 verdict was awarded in November 2023 in the Stinson case. These verdicts can potentially influence future settlements in hernia mesh litigation, including those in Louisiana.

Moreover, a global settlement is moving forward with a new settlement mediation process, including an in-person session scheduled for March 2024. This progress suggests a ray of hope for many plaintiffs awaiting justice.

The Role of Multidistrict Litigation (MDL) in Louisiana Cases

Multidistrict Litigation (MDL) plays a significant role in hernia mesh cases. MDLs help to streamline pretrial proceedings by consolidating similar cases. The outcomes of these consolidated cases, even those outside Louisiana, can influence hernia mesh lawsuits within the state.

For instance, there are nearly 21,000 hernia mesh lawsuits against C.R. Bard consolidated in the Hernia MDL, and settlement pressure on Bard’s parent company, Beckton Dickinson, continues to grow.

The fourth bellwether trial in the Bard hernia mesh lawsuit is set to begin on April 8, 2024. These proceedings and their outcomes could potentially impact your hernia mesh lawsuit in Louisiana.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits due to serious complications arising after the procedure. This need for revision surgeries, often coupled with severe pain and suffering, leads to individuals seeking justice and compensation.

Furthermore, these lawsuits allege that manufacturers defectively designed and inadequately tested the mesh or failed to properly warn users of potential risks.

Some hernia mesh products that caused complications have been recalled, including Atrium’s C-Qur™ Mesh, Ethicon’s Physiomesh™ Open Flexible Composite Mesh Device, and the Bard Composix® Kugel Hernia Patch.

The mesh was used in laparoscopic, ventral, and inguinal hernia repair surgeries. Since then, there have been high rates of patient and surgeon complaints. Several independent studies revealed the dangers of the hernia meshNational Library of Medicine

Role of Louisiana Law

Louisiana law plays a significant role in hernia mesh lawsuits. The state’s law holds manufacturers liable if their product causes harm after a consumer uses it as intended.

In a hernia mesh lawsuit under the Louisiana Products Liability Act, a plaintiff may claim that the mesh used was made from substandard materials, had a dangerous design, or had inadequate warning of risks.

The state also recognizes ‘redhibition,’ a consumer protection claim against defects. This law applies to all products, including medical devices such as hernia mesh.

Hence, if you’re a victim of hernia mesh complications in Louisiana, you may be entitled to damages, and lawyers can assist you in reviewing your case to determine your eligibility for filing a lawsuit.

Complications Named in the Lawsuits

According to a 2020 study by Science Direct, complications from hernia mesh implants form the backbone of these lawsuits. The range of complications is extensive, including [2]:

Specific complications include severe chronic pain due to mesh deformation and serious conditions like bowel perforation, manifesting as severe abdominal pain, nausea, and vomiting. In cases of inguinal hernias, mesh complications can also lead to erectile dysfunction due to irritation or inflammation.

Symptoms indicating hernia mesh failure can vary but commonly include pain, infection, hernia recurrence, or other complications.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have undergone hernia repair surgery with mesh on or after January 1, 2006, and suffered serious post-surgical complications potentially related to mesh defects qualify to file a hernia mesh lawsuit.

The statute of limitations for filing a hernia mesh lawsuit in Louisiana is typically based on the date the medical complications linked to the hernia mesh were discovered.

Even if your hernia mesh claim was previously declined or discharged by another firm, you may still be eligible for a lawsuit and should seek a new legal evaluation.

It’s important to remember that to initiate a hernia mesh lawsuit, individuals don’t need to know the manufacturer of the mesh. Attorneys will verify the defective hernia mesh product.

Hernia Mesh Lawsuit Settlement Amounts in Louisiana

When it comes to hernia mesh lawsuit settlements, the amounts can vary widely. An average settlement amount prediction, if the cases are resolved in March 2024, is in the range of $65,000-$70,000, with some victims receiving more and others less, based on a points system that calculates individual payouts. A recent mediation scheduling order for early March 2024 intends to push the case forward in hopes of resolving hernia mesh litigation.

Looking at prior surgical mesh cases can offer some insight. For instance, the Kugel hernia mesh litigation involving C.R. Bard resulted in a global settlement of $184 million, which amounted to an average of $70,000 per claim. However, the payout varied widely based on the severity of injuries.

Additionally, the largest hernia mesh lawsuit settlement to date involving C.R. Bard was a $4.8 million verdict awarded in Rhode Island state court for the Trevino case and a $500,000 verdict in the Stinson case in November 2023.

While specific settlement amounts for hernia mesh lawsuits in Louisiana are not available, the national trends and verdicts in bellwether trials offer some insight into the potential range of settlements plaintiffs might expect.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Louisiana

If you’re a victim of a defective hernia mesh implant, you’re entitled to seek compensation for a variety of damages that encompass both financial and emotional impacts.

Financial compensations may include coverage for past and future medical expenses, factoring in costs for surgeries, hospital stays, medications, and rehabilitation, as well as compensation for lost wages and potential loss of substantial income.

Plaintiffs may also receive compensation for non-economic damages such as pain and suffering, which take into account the seriousness of the injury and its long-term consequences.

Compensation for medical expenses is a key aspect of hernia mesh settlements, covering both past and future medical costs due to hernia mesh injuries. Long-term medical care, including additional surgeries, extended hospital stays, necessary medications, and required rehabilitation, is factored in.

Lost wages are considered when calculating economic damages for settlement purposes. The calculation includes current income loss and potential future reduced earning capacity due to the injury. Settlements aim to compensate plaintiffs for economic impact and financial hardships incurred.

The compensation for pain and suffering covers the physical injuries and emotional distress experienced by plaintiffs due to hernia mesh complications.

Filing a Louisiana Hernia Mesh Lawsuit

If you’re considering filing a hernia mesh lawsuit in Louisiana, the first step is to get a free case evaluation to confirm the strengths and validity of your claim. It’s crucial to file your lawsuit within the timeframe specified by the Louisiana statute of limitations to be eligible for litigation.

Gathering robust evidence is vital for building a case, and this includes acquiring medical records, evidence of product recalls, and securing expert witness testimonies.

Types of Evidence To Present

When building a hernia mesh lawsuit case, evidence is key. This includes medical records that document the patient’s complications following hernia mesh surgery. Consulting with medical experts who can provide testimony on the defective nature of the hernia mesh or errors in surgical technique is another crucial step.

Testimony from other individuals who have faced similar complications due to hernia mesh implants can be collected to corroborate the client’s experiences.

To further substantiate the client’s claim, attorneys gather an assortment of evidence, which may include fact sheets with medical records and journals, videos, or photos showcasing the injury’s impact on daily life.

Louisiana Statute of Limitation

The statute of limitations in Louisiana is a pivotal element in hernia mesh lawsuits, defining one year from the date the medical complications linked to the hernia mesh were discovered for a lawsuit to be filed.

This is where the assistance of a hernia mesh lawyer can be invaluable. They can help you navigate the complexities of the law and ensure that your lawsuit is filed within the stipulated timeframe, thus protecting your legal rights.

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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 Louisiana Hernia Mesh Lawyers

The legal team at Schmidt & Clark, LLP stands ready to assist you through challenging times. Should you or someone develop complications due to a hernia repair procedure, do not hesitate to connect with us. Our attorneys are well-versed in these matters and will navigate you through each step of the legal journey.

We are dedicated to ensuring you comprehend your legal entitlements and ascertain your qualifications for a hernia mesh lawsuit. We offer complimentary consultations, and our services are contingent upon a successful outcome for you. With the same care and commitment as we would for our kin, we are here to provide a thorough case assessment regarding your hernia mesh concerns.

Reference:

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

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