New Hampshire Hernia Mesh Lawsuit Attorney

Quick Summary

• Eligibility Criteria for Filing a Lawsuit: Clarify the specific criteria that individuals must meet to file a hernia mesh lawsuit in New Hampshire. This includes detailing the types of complications that typically qualify for legal action, the timeframe within which a claim must be filed (statute of limitations), and the importance of medical documentation in substantiating your claim. Providing clear guidelines on eligibility will help potential claimants assess their situation against the legal requirements.
• Navigating the Legal Process: Offer insights into the legal process specific to hernia mesh lawsuits in New Hampshire, including initial steps to take when considering a lawsuit, how to file a claim, and what to expect during the litigation process. This section aims to demystify the legal journey, covering everything from finding the right attorney with experience in medical device litigation to understanding the phases of a lawsuit, such as discovery, negotiations, and trial.
• Recent Litigation Developments and Case Updates: Provide up-to-date information on recent developments in hernia mesh litigation within New Hampshire. This might include summaries of landmark cases, notable settlements, or changes in legislation that could affect future lawsuits. Keeping readers informed on the latest legal trends and outcomes can offer valuable context and set expectations for those considering legal action.

Hernia Mesh Lawsuits

Hernia repair surgeries using mesh implants have led to complications, causing pain and health issues for many patients. These issues have resulted in a significant number of hernia mesh lawsuits.

At the heart of these Covidien hernia mesh lawsuits are allegations against the manufacturers of hernia mesh devices. The lawsuits typically center on the inadequate design, manufacturing, and failure to alert patients about the potential risks tied to hernia mesh products.

If this sounds like a rare occurrence, think again. As of March 2024, there were 25,168 total pending hernia mesh lawsuits, indicating a significant volume of litigation related to hernia mesh complications.

The manufacturers in the spotlight include prominent names like:

• Bard
• Ethicon
• Atrium
• Covidien

All of whom have produced various types of hernia mesh implants. These new hernia mesh lawsuits aren’t restricted to a particular state or region, either. From the federal courts to the state courts of New Hampshire, hernia mesh lawsuits are making headlines.

While the nationwide perspective of hernia mesh lawsuits is significant, it is also crucial to examine the situation in New Hampshire more closely. The state has seen a rise in hernia mesh cases, particularly those involving the Bard MDL.

The Bard hernia mesh class action MDL in New Hampshire has seen a substantial increase, with the number of pending cases rising to 20,972. This marks a reversal from the previous decrease in cases and indicates the growing scale of the bard hernia mesh MDL issue.

In addition to the rising number of cases, the legal proceedings in New Hampshire are also seeing significant developments. In a recent court proceeding, the judge denied the defense’s request to delay the Bard Hernia Mesh trial, allowing the case to move forward without substitution.

This development is significant. It not only suggests that the courts are keen to expedite the legal proceedings, but it also sets a precedent for other pending cases in the state. New Hampshire is playing a pivotal role in shaping the future of hernia mesh lawsuits.

What Is Hernia Mesh?

Hernia mesh is a surgical device commonly employed in the repair of hernias. Constructed predominantly from synthetic materials like polypropylene, this mesh is designed to bolster weakened or damaged tissue, providing necessary support during the healing process.

Hernia mesh is commonly used in surgeries. Over a million hernia repair surgeries are estimated to be conducted annually in the United States alone, and most involve a hernia mesh implant. But why is this seemingly helpful device causing so much trouble?

The problem lies not in the use of a hernia mesh but in the complications that can arise from defective hernia mesh implants. As we’ll see later, these complications can be severe, leading to significant health issues and a drastic drop in the patient’s quality of life.

Latest Hernia Mesh Lawsuit Updates

It can be challenging to stay updated with the continual evolution and new nuances of the legal landscape in hernia mesh lawsuits. However, a few recent updates stand out.

Firstly, the hernia mesh MDL (multidistrict litigation) has experienced a decrease in pending cases. This suggests a potential slowdown in litigation or an increase in settlements outside the MDL. This is a significant development, given that Bard is one of the leading manufacturers involved in these lawsuits.

Secondly, the scheduled trial for the Bard hernia mesh lawsuits was canceled. This cancellation reflects the court’s frustration with the pace of litigation and settlement discussions. These developments provide a snapshot into the complex and ever-changing world of hernia mesh litigation.

The Role of Multidistrict Litigation (MDL) in New Hampshire Cases

Multidistrict litigation (MDL) is a procedure used in federal court to consolidate complex cases with common questions of fact. It is prominent in hernia mesh lawsuits.

In the context of hernia mesh lawsuits, MDLs allow for the efficient handling of numerous cases against the same defendant – in this case, hernia mesh manufacturers.

MDLs serve as a platform for bellwether trials, which are test trials used to gauge possible outcomes in future litigation. For instance, the third bellwether trial in the Bard Hernia Mesh lawsuit was postponed to October 16, 2023, and the fourth trial was set for April 2024.

The outcomes of these bellwether trials and subsequent settlement negotiations are likely to shape the legal landscape, informing settlement amounts and legal strategies in similar hernia mesh lawsuits within New Hampshire.

Hence, the role of MDLs in New Hampshire hernia mesh cases is not only significant but also instrumental in shaping the future of hernia mesh litigation.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because they have endured a range of complications and injuries stemming from defective hernia mesh implants. These lawsuits are a direct response to the suffering and adverse health outcomes that patients have experienced following hernia repair surgeries that used these faulty devices.

People are filing hernia mesh lawsuits mainly due to complications arising from defective hernia mesh devices. These complications include:

• Infection
• Chronic or severe pain
• Mesh erosion or migration
• Adhesion formation
• Revision surgery

In addition to physical complications, these lawsuits also allege that devices were defectively designed or manufactured. Furthermore, some plaintiffs include claims of medical malpractice by the doctors who implanted the faulty mesh.

All these reasons underscore the pain and suffering experienced by the victims, leading to lost wages, medical expenses, and a significant drop in the quality of life. As such, these lawsuits serve as a means for victims to seek justice and compensation for their ordeals.

Complications Named in the Lawsuits

According to 2022 research by Science Direct, the main trigger for hernia mesh lawsuits is the complications reported by the plaintiffs. These complications range from [1]:

• Physical discomfort
• Infection
• Mesh erosion
• Mesh migration
• Chronic pain
• Adhesion
• Bowel obstruction
• Organ perforation

These complications can significantly impact the patient’s quality of life.

Complications prompting lawsuits include infection, chronic or severe pain, mesh erosion or migration, adhesion formation, and the need for revision surgery.

Other severe complications include those affecting the spermatic cord, leading to a loss of sexual function, as well as bulging from mesh dislodging, severe constipation that can escalate to fissures and hemorrhoids, and incidents of mesh tearing with attendant nausea, vomiting, fever, and infection — necessitating removal in certain Bard mesh cases.

Furthermore, these complications often necessitate additional medical interventions, leading to emotional stress and substantial financial burden for the affected patients. As such, the complications named in hernia mesh lawsuits underscore the severe adverse effects that defective hernia mesh implants can present in patients.

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

Who Qualifies To File a Hernia Mesh Lawsuit?

Individuals who have suffered serious complications from hernia mesh surgery, particularly those who have required subsequent revision surgery due to these complications, are the primary candidates eligible to take legal action.

Suppose you have undergone hernia repair surgery with mesh on or after January 1, 2006, and experienced complications necessitating additional surgery. In that case, you may be among those who qualify to file a hernia mesh lawsuit.

However, it’s crucial to remember that every case is unique. The specifics of the case, including the type of hernia mesh used, the complications faced, and the impact on the patient’s life, play a significant role in determining eligibility.

Thus, it’s advisable to consult with a hernia mesh attorney. They can evaluate your case, discuss your legal options, and guide you through the process of filing a hernia mesh lawsuit.

Hernia Mesh Lawsuit Settlement Amounts in New Hampshire

While seeking justice for endured pain and suffering is the primary motivation for filing a hernia mesh lawsuit, the financial compensation from a successful hernia mesh settlement also offers much-needed monetary relief for the victims. However, the settlement amounts in hernia mesh lawsuits can vary significantly.

In some cases, the verdicts have resulted in multi-million dollar payouts. For instance, a $4.8 million verdict was awarded in Rhode Island in the Trevino case against Bard’s Ventralex hernia mesh. In another case, Antonio Milanesi was awarded a settlement amount of $255,000 in New Hampshire in 2022, which included $5,000 for loss of consortium.

However, it’s crucial to remember that these amounts are not standard and can vary based on several factors, including:

• the severity of injuries
• financial losses
• effect on the quality of life
• estimated future financial and medical losses.

Potential Compensation for Victims of Hernia Mesh Lawsuits in New Hampshire

While the settlement amounts provide a snapshot of the potential compensation in hernia mesh lawsuits, it’s essential to understand what this compensation covers. In essence, the compensation in hernia mesh lawsuits is meant to cover:

• Economic losses
• Medical expenses
• Wage losses
• Damages for pain and suffering suffered by the victims.

Economic losses in hernia mesh lawsuits encompass past and future medical expenses, wage losses, and the cost of any further surgery required due to complications from the mesh. Thus, the compensation provides much-needed financial relief for the victims, helping them cope with the financial burden imposed by the complications.

However, the compensation goes beyond just covering the financial losses. It also takes into account the pain and suffering endured by the victims, including the impact on their quality of life. As such, the potential compensation in hernia mesh lawsuits provides a ray of hope for the victims, giving them a chance to rebuild their lives.

Filing a New Hampshire Hernia Mesh Lawsuit

If you or a loved one has experienced complications from a hernia mesh implant, you might be wondering how to initiate a lawsuit. Filing a hernia mesh lawsuit involves several steps, starting with seeking immediate medical attention.

Once your health is under control, the next step is to document your hernia mesh complications. Keep a detailed record of symptoms, treatments received, and how the complications are impacting your daily life. This documentation will serve as crucial evidence in your lawsuit.

The final step is to contact a hernia mesh attorney for a legal consultation. They can evaluate your case, explain your rights, and guide you through the process of filing a lawsuit. It’s crucial to choose the right attorney, one with expertise in medical device lawsuits and knowledge of local New Hampshire law.

Types of Evidence To Present

The evidence you present when filing a hernia mesh lawsuit can substantially influence the outcome of your case. Examples of evidence to present in a hernia mesh lawsuit include documentation of symptoms, medical records, and doctor’s notes.

A detailed record of symptoms can demonstrate the impact on a patient’s quality of life, supporting claims for damages in a hernia mesh lawsuit. Similarly, medical records and doctor’s notes serve as valuable evidence in hernia mesh lawsuits, underscoring the importance of seeking professional medical advice and documenting all encounters.

New Hampshire Statute of Limitation

It’s important to consider the statute of limitations when filing a hernia mesh lawsuit. In New Hampshire, the statute of limitations for hernia mesh lawsuits is 3 years from the day the injury occurred.

In addition to the three-year statute of limitations, New Hampshire also enforces a 12-year statute of repose for product liability cases that begins once the product is first sold. This means that if you exceed these time limits, your lawsuit for compensation related to hernia mesh injuries may be barred.

Therefore, it’s crucial to act promptly. If you believe that you have a potential hernia mesh lawsuit, don’t hesitate. Reach out to a hernia mesh attorney and start the process of filing your lawsuit without delay.

Related Articles:

• Nevada Hernia Mesh Lawsuit
• Montana Hernia Mesh Lawsuit Attorney
• Nebraska Hernia Mesh Lawsuit

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

Get Your Free Consultation From New Hampshire Hernia Mesh Lawyers

At Schmidt & Clark, LLP we stand by your side during challenging times. Suffering from hernia mesh complications can be overwhelming, and we’re here to alleviate some of that burden. Our seasoned legal team specializes in these intricate cases, providing you with the guidance you need to navigate the legal landscape.

We are dedicated to ensuring you’re fully informed about your legal rights and will assist you in exploring your options for filing a hernia mesh lawsuit. Our consultations come at no cost, and we operate on a contingency fee basis, meaning you pay nothing unless we secure a victory for you.

Reference:

1. https://www.sciencedirect.com/science/article/pii/S2666138120300025