Nebraska Hernia Mesh Lawsuit Attorney

Quick Summary

• Potential Compensation and Damages: Explore the types of compensation typically awarded in successful hernia mesh lawsuits in Nebraska. This includes economic damages for medical bills and lost wages, non-economic damages for pain and suffering, and in some cases, punitive damages designed to punish egregious negligence. This part of the article also covers how compensation amounts are determined and the factors that may influence the final award.
• Critical Deadlines and Statutes of Limitations: Emphasize the importance of Nebraska’s statute of limitations for hernia mesh lawsuits. This crucial segment details the time limits within which you must take legal action to preserve your right to compensation. Failing to file within this period could result in the loss of your ability to seek justice, making timeliness a key consideration for potential claimants.
• Seeking Expert Legal Representation: Conclude with guidance on selecting the right legal representation for your hernia mesh lawsuit in Nebraska. Tips on finding an attorney with specific experience in medical device litigation, questions to ask potential legal representatives and the benefits of choosing a lawyer who understands the nuances of Nebraska’s legal system are discussed. Having the right attorney can significantly impact the outcome of your case, ensuring that your rights are protected throughout the legal process.

Hernia Mesh Lawsuits

In Nebraska, hernia mesh lawsuits are widespread, with cases being managed throughout the state. The primary reasons for these lawsuits are the complications and injuries that patients suffer from defective hernia mesh implants following surgery.

These implants were supposed to aid in hernia repair surgeries, but instead, they have led to serious health issues for many patients.

Legal assistance for victims of hernia mesh complications in Nebraska involves evaluating their entitlement to compensation and exploring their legal options. The complexities of these cases and the diversity of hernia mesh products involved make such assistance invaluable.

What Is Hernia Mesh?

According to the BH, hernia mesh is a medical device used during hernia repair surgery that, unfortunately, has been defective in various cases [1]. Various types of these surgical mesh implants, including some that are commonly used in Nebraska, are defective, leading to serious complications and subsequent lawsuits.

Some of the most commonly implicated products in these lawsuits in Nebraska include:

• Atrium C-Qur Mesh
• Bard Kugel
• Covidien Parietex Plug & Patch
• Ethicon Physiomesh

The scope of these lawsuits includes a variety of hernia mesh products and manufacturers, with investigations currently underway for around 15 different hernia meshes.

Identifying the specific hernia mesh product used during surgery, as well as the hernia mesh manufacturer, provides key support for a hernia mesh lawsuit in Nebraska.

Latest Hernia Mesh Lawsuit Updates

In recent developments concerning Nebraska hernia mesh lawsuits, claimants are reminded of the critical importance of taking timely legal action. While specific timeframes for filing claims are not discussed here, it is essential to act promptly to ensure the preservation of evidence and the right to pursue compensation.

In certain situations, if there is evidence that the defendant engaged in conduct that deliberately misled the plaintiff, the court may consider factors that could allow for an extension to file a claim.

As the landscape of hernia mesh lawsuits evolves, affected parties must seek immediate legal counsel. Doing so can help avoid common pitfalls, such as the loss of crucial evidence, thus preserving the right to seek rightful compensation.

The Role of Multidistrict Litigation (MDL) in {State} Cases

Nebraska hernia mesh cases heavily rely on multidistrict litigation (MDL). Ongoing trials and settlement negotiations are part of this process. For instance, a status conference for the hernia mesh MDL is set for January 16, 2024, to discuss the possibility of a global settlement.

Recent rulings have also impacted these cases. In Stinson v. C.R. Bard, a jury awarded the plaintiff $500,000 for his hernia mesh implant injuries. This and other verdicts in MDL cases can influence the outcomes of future hernia mesh lawsuits in Nebraska.

As of March 2024, 25,168 hernia mesh lawsuits are pending in four separate multidistrict litigations. – Jayne Conroy, Pharmaceutical Expert

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because they have experienced complications caused by defective hernia mesh devices. These complications can lead to:

• Revision surgeries
• Infections
• Chronic pain
• Mesh migration
• Mesh erosion
• Adhesion formation
• Bowel obstruction
• Organ perforation

These serious health issues further exacerbate the victim’s pain and suffering. In addition to the physical pain and suffering, victims also face financial hardships due to medical bills and lost wages. These lawsuits aim to obtain compensation for the victims, which can include settlements proposed by the device manufacturers.

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]:

• infection
• pain
• recurrence
• specific problems like stiffening or migration

These complications can lead to serious damage, triggering lawsuits in Nebraska.

Chronic pain is a common hernia mesh failure symptom that can significantly impair life activities. Serious bowel complications, such as bowel obstructions and perforations, are other serious and potentially fatal consequences of hernia mesh failure that may lead to legal claims.

These long-term effects can arise within weeks to years after surgery, often resulting in life-threatening conditions that impact the victim’s quality of life.

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who underwent hernia mesh surgery in Nebraska on or after January 1, 2006, and subsequently experienced medical complications necessitating revision surgery qualify to file a hernia mesh lawsuit.

This eligibility extends even to those whose claims were previously declined or discharged by another law firm, providing them with another opportunity to seek justice and qualify to file a hernia mesh lawsuit.

Serious complications after hernia mesh treatment, such as:

• Fistulas
• Adhesions
• Bowel obstructions
• Chronic pain
• Infections
• Mesh migration
• Organ or tissue perforation
• Nerve damage
• Hernia recurrence
• Bodily rejection

Individuals who were told they needed surgery because of hernia mesh complications but could not have it due to medical issues may also qualify to file a hernia mesh claim.

Hernia Mesh Lawsuit Settlement Amounts in Nebraska

Settlement amounts in Nebraska hernia mesh lawsuits typically fall between $65,000 and $80,000, shaped by factors such as injury severity and the strength of the plaintiff’s case. In certain instances, these amounts can reach as high as $1 million, although these are not the norm.

Several factors can influence the settlement amounts, including:

• The severity of the injuries
• Economic impact
• Medical expenses
• The effect on the plaintiff’s quality of life
• The strength of the plaintiff’s case
• Evidence demonstrating the defendant’s liability or negligence

All of these factors can play a role in determining the final settlement amount.

Potential Compensation for Victims of Hernia Mesh Lawsuits in Nebraska

Nebraska hernia mesh lawsuit victims can pursue compensation for a variety of loss categories. These include past and future medical expenses, lost wages, and pain and suffering. The average hernia mesh lawsuit may result in a settlement amount ranging from $70,000 to $90,000.

Residents in Nebraska who had to have a second hernia surgery due to faulty hernia mesh implants may qualify for a cash settlement.

They should explore their legal options to understand their eligibility and potential compensation. This compensation can help victims cover the costs associated with subsequent surgeries and ongoing care, providing some relief during this challenging time.

Filing a Nebraska Hernia Mesh Lawsuit

Initiating the process of filing a hernia mesh lawsuit in Nebraska starts with consulting a product liability lawyer experienced in defective medical device cases. These professionals can provide the necessary guidance and support, helping victims navigate the complexities of the legal system and ensuring swift action is taken.

Types of Evidence To Present

Presenting solid evidence is a key aspect of a hernia mesh lawsuit to uphold the claim. This evidence could include:

• Medical records documenting the hernia mesh surgery and subsequent complications
• Bills for medical expenses related to the defective mesh
• Testimony from medical experts or witnesses who can attest to the victim’s suffering and the impact on their quality of life.

Nebraska Statute of Limitation

The Nebraska law sets a 4-year deadline from the injury date for filing hernia mesh lawsuits under SOL. Victims must take action promptly to avoid exceeding this time limit.

Consulting with an experienced hernia mesh lawyer can help ensure that the lawsuit is filed within the appropriate timeframe, reducing the risk of the claim being dismissed due to the expiration of the statute of limitations.

Related Articles:

• Missouri Hernia Mesh Lawsuit
• Montana Hernia Mesh Lawsuit Attorney
• Mississippi Hernia Mesh Lawsuit

FAQs

What factors influence the amount of hernia mesh settlements?

Settlement amounts depend on factors like the severity of injuries, medical expenses, lost wages, impact on quality of life, and the strength of the evidence against the manufacturer.

Can I receive compensation for non-economic damages in a hernia mesh lawsuit?

Yes, non-economic damages include compensation for pain and suffering, emotional distress, and loss of enjoyment of life. These are in addition to economic damages like medical expenses and lost wages.

What are bellwether trials and how do they affect hernia mesh litigation?

Bellwether trials involve a small sample of cases from a larger group of MDL lawsuits to predict the outcomes of related litigation. Results from these trials can help shape settlement negotiations for other cases.

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

Get Your Free Consultation From Nebraska Hernia Mesh Lawyers

If you or someone close to you has been adversely affected by hernia mesh injuries, Schmidt & Clark, LLP stands ready to assist. Our seasoned team specializes in these intricate cases and is prepared to steer you through every step of the legal journey.

We’re dedicated to ensuring you fully comprehend your legal entitlements. We’ll assess your situation to establish your eligibility for filing a hernia mesh lawsuit.

We offer no-cost consultations and operate on a contingency fee basis, meaning you owe us nothing unless we triumph in your case. Get in touch with us for an in-depth evaluation of your hernia mesh-related legal concerns.

Reference:

1. https://bostonhernia.com/faq/what-is-hernia-mesh/
2. https://www.sciencedirect.com/science/article/pii/S2666138120300025