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Montana Hernia Mesh Lawsuit: Get the Right Attoreny

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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

  • The Critical Importance of Timeliness: Emphasize the significance of Montana’s statute of limitations on hernia mesh lawsuits. This segment will detail the time frame within which you must file your claim to be eligible for compensation, explaining how failing to act within this period can forfeit your right to sue. It also highlights the urgency of seeking legal advice soon after experiencing complications to ensure your case is filed timely and accurately.
  • Gathering and Documenting Evidence: Stress the importance of compiling comprehensive medical documentation and evidence related to your hernia mesh complications. Advice on how to organize medical records, doctor’s notes, and any correspondence related to your hernia mesh procedure will be provided, illustrating how a well-documented case can enhance your chances of a successful lawsuit.
  • Seeking Expert Legal Representation: Conclude by underscoring the value of enlisting an experienced hernia mesh lawsuit attorney in Montana. Tips on selecting an attorney with a strong track record in similar cases, understanding fee structures, and the benefits of choosing someone familiar with Montana’s legal landscape will be discussed. This ensures you have expert guidance tailored to the specific challenges and opportunities of your case.

Hernia Mesh Lawsuits

The frequency of hernia mesh lawsuits is on the rise nationwide, largely because of complications linked to faulty hernia mesh implants. With over a million hernia repair surgeries performed annually, it’s no surprise that issues have arisen.

Recently, Montana received a substantial settlement as part of a $60 million multistate settlement for C.R. Bard Inc.’s deceptive marketing of transvaginal surgical mesh devices. The lawsuit alleged that the company failed to disclose serious risks associated with surgical mesh devices, including chronic pain, scarring, and infection.

Currently, C.R. Bard is defending against over 18,000 hernia mesh lawsuits claiming that its devices caused injuries and complications in patients. As settlements are being negotiated, it is advisable for victims to promptly engage legal representation due to imposed claim filing deadlines by the statute of limitations. These lawsuits are part of a nationwide litigation involving thousands of cases pending in courts across the U.S.

What Is Hernia Mesh?

According to DrugWatch, hernia mesh is a medical device, often made of synthetic fabric like polyester or polypropylene, designed to be implanted within the abdominal wall to provide support to weakened or damaged tissue during the healing process after hernia surgery [1].

It is available in various forms, including both absorbable and non-absorbable varieties. It is utilized not only for hernia repairs but also for other conditions, such as pelvic organ prolapse and stress urinary incontinence in women.

While non-absorbable hernia mesh is a permanent implant intended to provide long-term reinforcement, absorbable mesh dissolves over time, allowing new tissue growth to provide strength. Despite its benefits, there are circumstances, such as infected sites, where surgical mesh is not recommended for hernia repair.

Latest Hernia Mesh Lawsuit Updates

Recent updates in the hernia mesh lawsuits indicate a growing number of cases, with at least 300 new cases added each month since the start of the year.

A significant development is the initiation of a settlement mediation process, with a session set for March 4 and 5, 2024, with the possibility of additional meetings. If an impasse occurs during these mediation sessions, the parties involved in the lawsuit must notify the court by May 24, 2024.

Moreover, a fourth bellwether trial in the Bard hernia mesh lawsuit involving plaintiff Jacob Bryan and the Bard 3DMax hernia mesh is scheduled for April 8, 2024. All these ongoing developments indicate a concerted effort to resolve the ongoing hernia mesh cases.

The Role of Multidistrict Litigation (MDL) in Montana Cases

Multidistrict Litigation (MDL) plays a significant role in consolidating and managing hernia mesh lawsuits involving several cases. Currently, the hernia mesh MDL is one of the largest mass torts, with the number of cases growing to over 20,000.

This legal mechanism allows for efficient handling of a large number of cases with similar facts, which are currently pending in courts across the country.

In these ongoing litigation efforts, plaintiff lawyers are seeking a new Case Management Order to manage and possibly remand Bard hernia mesh lawsuits back to their original courts for trial.

Moreover, settlement negotiations are progressing with the appointment of a settlement master, aiming to facilitate discussions between Bard and plaintiffs’ attorneys.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because of the significant injuries and complications stemming from the use of defective hernia mesh products. Those who have undergone hernia repair surgeries and were implanted with these meshes have reported severe complications.

These alarming complications are often the reasons behind the legal actions against the manufacturers.

Moreover, the lawsuits frequently cite hernia mesh products manufactured by hernia mesh manufacturer companies such as Ethicon, C.R. Bard, Covidien, and Atrium Medical Corp., which have been identified as being responsible for the injuries.

This is the conclusion drawn from the investigation. Specific hernia mesh products involved in Montana litigation include Ethicon’s Physiomesh, Atrium’s C-Qur mesh, and Bard’s Kugel mesh. These products have been reported as more susceptible to tearing or ripping, contributing to their litigation cases.

Complications Named in the Lawsuits

According to 2022 research by Science Direct, several complications endured by patients are mentioned in the hernia mesh lawsuits. Chronic pain lasting longer than six months post-surgery may suggest complications such as nerve injury or inflammation [2].

Another severe complication is mesh migration, which can cause adverse health effects like fistulas, adhesions, abscesses, and infections.

Bowel obstruction, a serious health emergency, can be caused by hernia mesh moving and ensnaring intestinal loops. Furthermore, hernia mesh failure is linked to an array of complications, including:

These complications can lead to diverse health issues ranging from pain and bowel obstruction to systemic symptoms like flu-like signs.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who underwent hernia repair surgery on or after January 1, 2006, and have since experienced severe medical complications requiring revision surgery may qualify to file a hernia mesh lawsuit based on the type of mesh product used, the severity of the complications suffered, and adherence to the statute of limitations.

Even if a claim has been declined or discharged by another firm, individuals may still seek legal assistance for their hernia mesh case.

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

Hernia Mesh Lawsuit Settlement Amounts in Montana

The settlement amounts in Montana’s hernia mesh lawsuits hinge on the specific details of each case. The largest settlement amount in hernia mesh lawsuits to date was $184 million by Bard (then C.R. Bard) in 2011 for approximately 3,000 cases related to the Kugel Mesh Hernia Patch. Ethicon reached another notable settlement in a Georgia multidistrict litigation, which involved 224 lawsuits.

United States hernia mesh lawsuits have seen settlements reach up to $1 million for some claimants. However, the average settlement range for hernia mesh cases is forecasted to be $65,000-$70,000, subject to variation by individual case details.

Recent verdicts, including a $500,000 jury award in 2023 and a $4.8 million verdict in 2022, demonstrate support for the successful litigation of hernia mesh lawsuits.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Montana

Victims of hernia mesh complications in Montana can pursue different kinds of compensation, such as:

  • Medical costs
  • Lost earnings
  • Pain and discomfort
  • Wrongful death
  • Other damages

If they require a second hernia repair surgery to correct issues from a defective hernia mesh implant, they may be eligible for a cash settlement.

In such cases, a specialized hernia mesh attorney can assess the injuries and financial impacts suffered to estimate the potential value of the settlement in a lawsuit. Claims in Montana specifically demand compensation for:

  • Medical bills
  • Pain and suffering
  • Mental anguish
  • Lost wages
  • Personal expenses
  • Family support

Filing a Montana Hernia Mesh Lawsuit

There are several steps involved in filing a hernia mesh lawsuit in Montana. It begins with consulting a law firm like Sokolove Law for a free case evaluation to assess the validity of your claim. The legal team will start collecting essential evidence, including medical records and expert testimony, to build a robust case.

The steps to file a hernia mesh lawsuit in Montana are as follows:

  1. Ensure compliance with Montana’s statute of limitations to ensure eligibility for potential compensation.
  2. File the lawsuit.
  3. Pursue negotiations for a settlement.
  4. If an agreement cannot be reached, proceed to trial.

Types of Evidence To Present

In filing a hernia mesh lawsuit, pertinent evidence includes medical records demonstrating the hernia mesh procedure and any subsequent complications, such as those arising from hernia surgery.

These records will demonstrate the severity of the complications and any additional surgeries required due to these complications. To strengthen your hernia mesh claim, it is essential to gather all relevant documentation.

Expert testimony is another crucial piece of evidence in these lawsuits. A medical expert can:

  • Attest to the complications caused by the hernia mesh
  • Explain the reasons behind the need for additional surgeries
  • Provide an opinion on the expected future medical needs and the cost associated with them.

Montana Statute of Limitation

Montana’s statute of limitations for hernia cases stipulates a 3-year timeframe from the date of injury for filing a hernia mesh lawsuit. This time limit is governed by Montana Statute § 27-2-202, emphasizing the urgency for victims to file their claims within this period to preserve their rights.

However, there are exceptions to this rule. Victims in Montana may invoke equitable estoppel if the defendant’s actions caused them to miss the filing deadline, provided they demonstrate due diligence upon learning of their claim’s necessity.

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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 Montana Hernia Mesh Lawyers

The legal experts at Schmidt & Clark, LLP stand by to assist you during challenging times. Should you or someone close to you experience complications from hernia mesh, we’re ready to step in.

Our seasoned attorneys specialize in these claims and will navigate you through every step of the legal journey. We’re dedicated to helping you grasp your legal options and evaluate whether you have a valid hernia mesh lawsuit.

Our consultations come at no cost, and we operate on a contingency fee basis—you won’t pay unless we secure a victory for your case.

Reference:

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

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