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Maine Hernia Mesh Lawsuit: Get the Right Attorney

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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

  • Expert Legal Representation: Our attorneys specialize in medical device litigation and are well-versed in the complexities of hernia mesh cases. We bring a wealth of experience and a history of successful outcomes to the table, providing our clients with the best possible legal representation.
  • Personalized Attention: We believe every client’s situation is unique. That’s why we offer personalized legal counsel tailored to the specifics of your case, ensuring that your concerns are heard and your needs are addressed throughout the legal process.
  • Resourceful and Resilient Advocacy: Armed with extensive resources and a resilient spirit, our team vigorously advocates on behalf of our clients. We are committed to navigating the legal system to uncover the truth and hold responsible parties accountable for their actions.

Hernia Mesh Lawsuits

The serene landscapes of Maine are now the setting for an increasing trend in legal actions as hernia mesh lawsuits become more prevalent. These cases are not isolated incidents but are indicative of a broader rise in litigation concerning hernia mesh devices.

At the core of these legal disputes is the critical issue of the consequences for patients and the healthcare industry when a medical device intended to enhance well-being leads to legal challenges.

Product liability and negligence principles are the main legal grounds for hernia mesh lawsuits in Maine. These cases typically revolve around the design or manufacture of hernia mesh implants.

Manufacturers are expected to produce safe products, perform adequate testing, and issue warnings about possible risks. However, allegations in hernia mesh lawsuits often include failure to warn, design defects, and manufacturing defects.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is a medical device used in hernia mesh surgery for hernia repair. It’s designed to provide extra support to the weakened or damaged tissue [1].

However, these meshes have been under scrutiny due to alleged design and manufacturing defects leading to serious complications and subsequent lawsuits, including the bard hernia mesh class action cases.

Latest Hernia Mesh Lawsuit Updates

For those navigating the complexities of surgical mesh complications in Maine, staying abreast of the latest developments in the ongoing litigation is essential.

Recent updates have seen the introduction of new evidence and expert testimonies that could sway the direction of individual cases. Additionally, adjustments in legal precedents and evolving strategies among litigators are shaping the landscape of these lawsuits.

Affected individuals need to comprehend how the legal process is adapting to these updates and the potential impact on their pursuit of justice and compensation.

The Role of Multidistrict Litigation (MDL) in Maine Cases

In Maine, Multidistrict Litigation (MDL) has proven to be an effective way of handling hernia mesh lawsuits. Unlike a class action where plaintiffs are represented collectively, in an MDL, plaintiffs maintain their cases. This is especially important in hernia mesh cases, where injuries are often individualized.

MDLs, such as the bard hernia mesh MDL, allow for expedited case handling while preserving a plaintiff’s right to an individual trial if necessary. They play a pivotal role in shaping the outcomes of hernia mesh lawsuits in Maine.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits in Maine because they claim the mesh failed, leading to severe injuries and complications that often required revision surgery. These complications range from infections that are difficult to treat due to mesh implants trapping bacteria to chronic pain at the surgical site, which can result from nerve damage or mesh contraction.

Lawsuits allege defective product design, manufacturing defects, and improper labeling that failed to warn about the risks associated with hernia mesh failure and complications. Plaintiffs are also suing for damages such as lost wages, medical bills, pain and suffering, and loss of quality of life due to the complications caused by the hernia mesh.

As a result, an increasing number of new hernia mesh lawsuits and hernia mesh claims are being filed, leading to a potential hernia mesh class action.

Complications Named in the Lawsuits

According to a 2020 research by Science Direct, a myriad of complications have been associated with hernia mesh, leading to a deluge of lawsuits. These complications include [2]:

In Maine, patients who have undergone hernia mesh implants have reported many complications, including:

  • Pain
  • Bleeding
  • Infections
  • Sexual dysfunction
  • Bladder injuries
  • Nerve damage

These complications can have severe health implications, such as chronic pain, organ damage, and the need for additional surgeries.

However, the complications don’t just end there. They extend to symptoms and long-term consequences that can severely impact a patient’s life.

Who Qualifies To File a Hernia Mesh Lawsuit

Individuals who have had an initial hernia repair surgery using mesh on or after January 1, 2006, and required additional surgery due to complications qualify to file a hernia mesh lawsuit.

Serious injuries that make one eligible to file include adhesions, hernia recurrence, intestinal blockage, mesh migration, organ perforation, or infection occurring more than 30 days after the original surgery.

Eligibility extends to individuals who:

  • They were advised they needed additional surgery due to hernia mesh complications but could not undergo the procedure due to other medical issues.
  • Know the brand and manufacturer of their hernia mesh implant.
  • Have records of their original and any subsequent revision surgeries.

Hernia mesh lawsuits are legal claims against hernia mesh manufacturers filed by people who suffered serious injuries after their hernia mesh implants failedJayne Conroy, Trial Attorney and Pharmaceutical Litigation Expert

Hernia Mesh Lawsuit Settlement Amounts in Maine

Hernia mesh settlement lawsuits vary, with significant verdicts and settlements influencing future cases. Some examples include:

  • A $500,000 verdict was awarded to Plaintiff Stinson
  • A $250,000 award in the Milanesi case
  • A $255,000 settlement in the second Bard bellwether trial
  • A $1.6 million award against Atrium Medical Corporation for C-QUR mesh injury

Bard faced a global settlement of $184 million in the Kugel hernia mesh litigation, reflecting the large-scale impact of these lawsuits.

These settlements and verdicts have considerable implications, including influencing the legal strategies of claimants, setting precedents for compensation amounts, and sending a message to manufacturers on safety liabilities.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Maine

Maine victims who have suffered severe side effects from defective hernia mesh products have joined the over 20,000 hernia mesh lawsuits filed nationally.

The outcome of a bellwether hernia mesh trial, such as the recent $500,000 verdict for the plaintiff on a failure to warn case, can impact the compensation that victims might expect from settlements or judgments.

In hernia mesh lawsuits, Maine plaintiffs may seek compensation for various damages, including:

The actual compensation for hernia mesh victims in Maine can vary greatly depending on the individual circumstances of each case, including the extent of the injury and the impact on the victim’s life.

Free consultations provide an opportunity for potential clients to understand the legal framework surrounding hernia mesh lawsuits, including the claims made against manufacturers for design defects, failure to warn, and other liabilities.

Lawyers offering free consultations can help hernia mesh victims determine if their case qualifies for inclusion in the multidistrict litigation (MDL) or if there are state-specific considerations to be aware of in Maine.

Filing a Maine Hernia Mesh Lawsuit

Filing a hernia mesh lawsuit in Maine involves navigating the complex legal process. Plaintiffs in Maine may experience long durations in the legal process, as evidenced by Bard hernia mesh lawsuits, which have been ongoing for more than 5 years.

The push for settlement mediations following the cancellation of trials indicates a possibility for a wave of settlements in Maine hernia mesh cases.

Court decisions in Maine, such as the order to cancel a trial or a ruling on the format of the verdict form, influence the legal process of hernia mesh lawsuits, and many are anticipating the next hernia mesh trial.

Types of Evidence To Present

When filing a hernia mesh lawsuit, the evidence you present can make or break your case. Some crucial pieces of evidence to include are:

  • Medical records that demonstrate the nature and extent of your injuries
  • Expert testimonies that support your claims
  • Documentation of your complications and treatments

These pieces of evidence will help strengthen your case and increase your chances of a successful outcome.

Maine Statute of Limitation

As claimed by the Statute of Limitations, in Maine, the agency for personal injury claims, including hernia mesh lawsuits, is six years from the date of the injury [3].

However, the discovery rule may apply, allowing the statute of limitations to start from the date the plaintiff discovers or should have discovered the injury.

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FAQs

What are the most common defenses used by hernia mesh manufacturers?

Manufacturers may argue that the injuries were due to pre-existing conditions, improper surgical techniques, or that the benefits of the mesh outweigh the risks. They may also claim that the patient was aware of the potential complications.

How can I stay updated on my hernia mesh lawsuit?

Stay in regular contact with your lawyer for updates on your case. They can provide information on the status of negotiations, court proceedings, and any new developments. It’s important to be proactive and communicate any concerns or questions you have throughout the process.

What are the psychological impacts of hernia mesh complications?

Psychological impacts can include anxiety, depression, stress, and reduced quality of life. Chronic pain and physical limitations can also contribute to emotional distress, affecting personal relationships and overall well-being.

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 Maine Hernia Mesh Lawyers

The legal experts at Schmidt & Clark, LLP are ready to offer their support when you face adversity due to hernia mesh complications. Whether it’s you or someone you care about who has been affected, our seasoned team is well-versed in these matters and will provide clear guidance throughout the legal proceedings.

It’s our priority to make sure you’re fully informed about your legal options and to help you ascertain your qualification for a hernia mesh lawsuit. We offer our consultations free of charge, and our services are provided on a contingency fee basis, meaning we only get paid if we win your case.

With a commitment to care and diligence, as if you were part of our own family, we invite you to get in touch for a thorough evaluation of your hernia mesh-related concerns.

Reference:

  1. https://www.drugwatch.com/hernia-mesh/
  2. https://www.sciencedirect.com/science/article/pii/S2666138120300025
  3. https://www.statutes-of-limitations.com/state/maine/

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