New Mexico Hernia Mesh Lawsuit Attorney

Quick Summary

• Understanding the Basis for Legal Action: Begin with an explanation of why hernia mesh products can lead to legal action, focusing on issues like product defects, inadequate warnings, and the medical complications they cause. This section aims to clarify the legal grounds for hernia mesh lawsuits, such as product liability and negligence, and how these apply within New Mexico’s legal framework.
• Actionable Steps for Filing a Lawsuit: Outline the specific steps residents of New Mexico should take if they’re considering legal action due to hernia mesh complications. This includes seeking medical evaluation to document the complications, understanding the importance of the statute of limitations in New Mexico, and consulting with a lawyer experienced in medical device litigation. Highlight the process of finding the right legal representation, from initial consultations to deciding on the best fit for your case.
• Recent Legal Developments: Provide an overview of recent legal developments in New Mexico related to hernia mesh lawsuits. Discuss any landmark cases or settlements that have set precedents, changes in legislation affecting product liability claims, and how these developments could impact new cases. This segment is crucial for giving readers an up-to-date context for their own potential lawsuits.

Hernia Mesh Lawsuits

Hernia mesh, a common surgical tool used in over a million hernia surgeries performed annually in the US, has been at the center of a flurry of legal action. A significant number of these defective hernia mesh implant devices, which are a type of hernia mesh product, are causing severe pain and potentially life-threatening complications for patients.

If you’re a New Mexico resident who has suffered due to a defective hernia mesh, you have the right to sue for harm. It’s a daunting process, but knowing the ins and outs of hernia mesh lawsuits can prepare you for the journey ahead.

What Is Hernia Mesh?

According to a 2020 research by the Northeast Georgia Health System, hernia mesh is a surgical implant that plays a crucial role in hernia surgery, specifically in hernia repair surgery. It repairs weakened abdominal tissues, provides support to the affected area, and hinders hernia recurrence [1].

As stated by the GSN publication from 2019, complications have been observed in a significant number of cases involving hernia mesh implants, with 5.6% of open mesh repairs and 3.7% of laparoscopic repairs reported to have issues [2].

These complications can range from chronic pain and infection to more severe issues like mesh migration, where the implant moves from its original location, causing potentially life-threatening problems. This has led to a surge of lawsuits against manufacturers of hernia mesh.

Latest Hernia Mesh Lawsuit Updates

The hernia mesh litigation scene is in constant flux. As of August 1, 2023, for instance, the hernia mesh Multidistrict Litigation (MDL) reached a staggering 20,000 cases. This surge in lawsuits points to an increase in the number of patients seeking justice for the harm caused by defective hernia mesh.

Efforts are underway to reach a global settlement in hernia mesh litigation, with mediation scheduling orders in place. The outcomes of bellwether trials and the growing preference for large group settlements are influencing these discussions and shaping the future of hernia mesh lawsuit outcomes.

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

In New Mexico, Multidistrict Litigation (MDL) is instrumental in making the hernia mesh litigation process more efficient. By consolidating similar cases from across the country before one judge, MDL aids in managing the large volume of cases more efficiently.

A pivotal juncture in the polypropylene hernia mesh litigation is the scheduled settlement mediation on March 4 and 5, 2024. This event, along with judicial orders such as the one instructing Covidien to submit unredacted hernia mesh complaint files, indicates a concerted effort to advance hernia mesh litigation towards resolution.

Ongoing Litigation

Although there has been progress in hernia mesh litigation, the legal struggle is not yet over. The Bard hernia mesh class action MDL, for instance, continues to grow, with nearly 200 new lawsuits filed in January 2024 alone.

Meanwhile, the Covidien MDL is gaining momentum, with Judge Saris ordering the release of hernia mesh complaint files. This evidence could influence the outcome of future trials. With deadlines set for dispositive motions and responses and a bellwether trial projected for 2025, the fight for justice for hernia mesh victims continues.

Why Are People Filing Hernia Mesh Lawsuits?

People are filing hernia mesh lawsuits because the debilitating complications they’ve endured following their surgeries have been numerous and severe. These severe complications include:

• Chronic pain
• Infections
• Organ perforation
• Bowel obstruction

These severe issues, often referred to as hernia mesh injuries, have led to an increase in hernia mesh case lawsuits related to hernia mesh surgeries.

Specific product defects, such as the risk of deformation, high failure rate, and use in conditions known to be unfit, have also been cited in many lawsuits. Consequently, patients who have suffered from these complications are turning to the legal system in an attempt to secure compensation for their pain and suffering, medical costs, and lost wages.

Complications Named in the Lawsuits

A variety of patient complications frequently form the core of hernia mesh lawsuits. One of these is adhesion, where the mesh implant sticks to other organs and tissue, causing severe pain and potentially significant damage. Bowel obstruction, characterized by the hernia mesh sticking to the intestines or moving within the body, is another common issue leading to legal action.

According to a 2020 study by Science Direct, other complications include chronic pain, organ damage, and nerve injury, which can result from direct or indirect trauma from the implant [3]. Documenting all health issues and procedures related to these complications is critical to building a strong case and could significantly impact the outcome of a lawsuit.

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 had hernia mesh surgery and subsequently experienced medical complications necessitating revision surgery and who can identify the specific type of mesh used along with the manufacturer qualify to file a hernia mesh lawsuit.

It’s also important to note that even if a claim has been previously declined or discharged, the individual may still be eligible for legal action. However, the lawsuit must be initiated within the statute of limitations specific to their state, underscoring the need for timely action.

Potential Defendants in a Hernia Mesh Lawsuit

In a hernia mesh lawsuit, potential defendants could be surgical mesh manufacturers such as:

• Ethicon
• C.R. Bard
• Covidien
• Atrium Medical Corp

These manufacturers may be held liable if their hernia mesh products have caused harm to patients.

In addition to the manufacturers, hospitals and surgeons may also be named as defendants if claims of negligent implantation of the mesh or inadequate risk disclosure are brought against them.

Understanding the potential defendants in a case can help plaintiffs and their attorneys formulate effective legal strategies.

Hernia Mesh Lawsuit Settlement Amounts in New Mexico

A common concern among many plaintiffs is the potential amount they could receive from a settlement. While the amount can vary based on factors such as injury severity and medical costs, bellwether trials can provide some insight into potential compensation amounts.

Additionally, manufacturers may opt for settlements over trials to avoid the unpredictability and extended timelines associated with court proceedings. Having an experienced hernia mesh attorney can be crucial in these situations to negotiate significant settlement offers and ensure fair compensation.

Some hernia mesh lawsuits have produced significant outcomes, paving the way for future cases. For instance, Ethicon, a prominent mesh manufacturer, has reached settlements in most of its lawsuits, potentially signaling a trend for other manufacturers to follow suit.

Confidential settlements in multiple MDLs, such as Atrium’s $66 million settlement in July 2021 and Ethicon’s in September 2021, may influence future settlement negotiations.

Additionally, jury awards such as the $500,000 in the Stinson bellwether trial and the $255,000 to a Florida resident in April 2022 demonstrate a pattern of jury verdicts favoring plaintiffs in hernia mesh cases.

Potential Compensation for Victims of Hernia Mesh Lawsuits in New Mexico

In New Mexico, hernia mesh lawsuit victims can seek compensation for various types of damages, including:

• Medical bills
• Lost wages
• Reduced earning capacity
• Physical and mental pain and suffering
• Punitive damages
• Loss of consortium

The amount of compensation awarded varies based on factors such as injury severity, medical treatment costs, and lasting disabilities. Projections suggest an average settlement could be between $65,000 and $70,000, with some cases indicating a potential range of $70,000-$90,000.

Filing a New Mexico Hernia Mesh Lawsuit

Understanding the legal process is critical for anyone considering filing a hernia mesh lawsuit in New Mexico. This includes determining the type of mesh used in your surgery to identify the manufacturer in your claim correctly.

It’s also important to understand the statute of limitations and the need to file within the specified period to retain your right to compensation.

Furthermore, presenting strong evidence of harm caused by the hernia mesh is pivotal in establishing the grounds for compensation claims. This includes keeping detailed medical records and preserving the failed mesh removed during revision hernia mesh surgery.

Types of Evidence To Present

Presenting substantial evidence is key to building a strong case in a hernia mesh lawsuit. This includes keeping a detailed record of post-surgery symptoms, particularly if they align with known symptoms of hernia mesh failure. Furthermore, tracking these symptoms over time can assist healthcare providers in diagnosing hernia mesh failure and formulating an appropriate treatment plan.

Additionally, all treatment received for hernia mesh complications should be documented, and if possible, any failed mesh that is removed should be preserved. These pieces of evidence can significantly strengthen your case and increase your chances of receiving compensation.

New Mexico Statute of Limitation

The statute of limitations for hernia cases in New Mexico dictates that a hernia mesh lawsuit must be filed within three years from the date of injury. This means that if you fail to file your lawsuit within this period, you may lose your right to recover any compensation.

It’s also important to note that before filing a lawsuit involving hernia mesh complications, you should familiarize yourself with the name and the hernia mesh manufacturer of your implant. These details, which can be found in your medical records, will be crucial in building your case.

Related Articles:

• Nevada Hernia Mesh Lawsuit
• New Hampshire Hernia Mesh Lawsuit Attorney
• New Jersey Hernia Mesh Lawsuit

FAQs

How can I stay informed about the progress of my hernia mesh lawsuit?

Stay in regular contact with your lawyer for updates on your case, including the status of negotiations, court proceedings, and any new developments.

What should I do if my hernia mesh lawsuit is denied?

Consult with your lawyer about the possibility of an appeal. They can advise on the next steps and whether additional evidence or a different legal strategy is needed.

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.

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

Get Your Free Consultation From New Mexico Hernia Mesh Lawyers

The legal team at Schmidt & Clark, LLP stands by your side in these challenging times. Should you or a family member be facing the aftermath of hernia mesh complications, we invite you to connect with us. Our attorneys specialize in these complex cases and will navigate you through the intricacies of the legal system.

We are dedicated to clarifying your legal options and assessing your eligibility for a hernia mesh claim. Our consultations are complimentary, and you incur no fees unless we triumph in your case. Reach out for a thorough case assessment regarding hernia mesh complications.

Reference:

1. https://www.nghs.com/2020/11/19/importance-of-using-mesh-in-hernia-repair-surgery
2. https://www.generalsurgerynews.com/In-the-News/Article/05-19/Society-Shines-Spotlight-on-Hernia-Mesh-Safety-Issues/54951?sub=6CB4505D3F4E7434F342E8CEDDD36EA48483E49B459AF20B8C3C8A9101426
3. https://www.sciencedirect.com/science/article/pii/S2666138120300025