4 Grounds to Know Before Filing A Hernia Mesh Lawsuit

If you are considering filing a hernia mesh lawsuit, you must consult a medical expert and experienced attorney who can provide valuable information and help you determine the best course of action. 

There are several requirements and potential challenges you need to be aware of before entering the process, and we have gathered all the important information in one place.

At Schmidt & Clark, LLP, we are experts in hernia mesh lawsuits. The whole team is committed to holding people responsible for their negligence and helping those affected by defective hernia mesh get the needed assistance.

Why Choose Schmidt & Clark, LLP For Your Claim

We have over 20 years of experience representing injured people in their claims against large corporations and government agencies.

Our lawyers represent the victims of defective hernia mesh in the United States. 

Our law firm will deal with every aspect of your case on your behalf and guide you through every stage of litigation.

Quick Summary

• To successfully file a hernia mesh lawsuit, it is important to know the grounds for defective product claims to be able to pursue legal action.
• Gather and preserve medical records, witness statements, and expert testimony to support your claims.
• Consult an experienced attorney to navigate the legal process and understand the strength of your case.

4 Grounds for Defective Products Claims

The grounds for defective product claims include defective design, manufacturing defects, failure to warn, and medical malpractice. 

1. Defective Design

This defect exists in the product’s design, making it dangerous or unsuitable for its intended use. For example, if a hernia mesh product is designed with a flaw that causes it to break or wear out prematurely, this could be considered a design defect.

2. Manufacturing Defect

This defect occurs when the product must be made according to the required specifications or standards.  For example, if a hernia mesh product is made with a manufacturing error that causes it to break or wear out prematurely, this could be considered a manufacturing defect.

3. Failure To Warn

This happens when manufacturers fail to provide adequate warnings about the potential risks and side effects associated with the product.  For example, if a hernia mesh product does not include warnings about the potential for infection or allergic reactions, this could be considered a failure to warn defect.

4. Medical Malpractice

This refers to when a healthcare provider fails to provide a standard of care, resulting in injury or harm to the patient.

For example, if a surgeon fails to properly implant a hernia mesh product properly, causing hernia mesh complications or damage to the patient, this could be considered medical malpractice.

Who Are the Potential Defendants, and How Do They Defend?

The potential defendants are typically the manufacturers of the faulty hernia mesh product.

Some of the manufacturers that have been named as defendants in hernia mesh lawsuits include:

• Ethicon (a subsidiary of Johnson & Johnson): Ethicon has faced numerous lawsuits over its hernia mesh products, including the Prolene Mesh and Physiomesh products.
• Atrium Medical Corporation: Atrium has faced lawsuits over its C-Qur mesh product, linked to complications such as infection, chronic pain, and the need for revision surgery.
• Bard Davol (a subsidiary of C.R. Bard): Bard has faced numerous lawsuits over its hernia mesh products, including the Bard Composix Kugel Mesh and PerFix Plug products.

To defend against a hernia mesh lawsuit, the mesh manufacturer or producer may argue that the product was not defective and did not cause the plaintiff’s injuries or complications.

They could state that the plaintiff was aware of the potential risks and complications associated with the product.

They may also argue that other factors, such as pre-existing medical conditions or improper product use, caused the plaintiff’s injuries or complications.

What Defenses Can the Defendants Make?

The manufacturer of the defective hernia mesh device may raise several defenses to avoid liability. Some of the defenses that the defendant may submit include:

• The product was not defective: The manufacturer may argue the product was not defective and did not cause any injuries or complications suffered by the plaintiff.
• The plaintiff was aware of the potential risks and complications: The manufacturer may argue that the plaintiff was aware of the risks and complications associated with the product and assumed those risks by choosing to use the product.
• The plaintiff’s injuries or complications were caused by other factors: The manufacturer may argue that the plaintiff’s injuries or complications were caused by factors other than the product, such as pre-existing medical conditions or improper use of the product.
• The product did not cause the plaintiff’s injuries or complications: The manufacturer may argue that the plaintiff’s injuries or complications were not caused by the product but rather by other factors.

“When you’re experiencing complications after hernia mesh surgery, there’s a very real possibility that the manufacturer of the mesh is legally responsible for any harm caused by the implant.”
– David Goguen, J.D. at nolo.com

What Happens if the FDA Did Not Recall the Hernia Mesh Implant Used in My Hernia Repair Surgery?

If the FDA has not recalled the hernia mesh implant used in your surgery, the agency has not identified the device as defective or a significant risk to public health.

However, this does not necessarily mean that the device is safe or will not cause any problems.

It is essential to speak with your healthcare specialist about any concerns and report any adverse events or issues you experience after surgery to the FDA’s MedWatch program.

How Do You Decide Which Jurisdiction Will Be Used to File Your Lawsuit?

Several factors may be considered when deciding which jurisdiction to file your lawsuit. These factors are what to know before filing a hernia mesh lawsuit.

They include:

• The Location Of The Defendant (The Party Being Sued): It is typically more convenient to file a lawsuit in the jurisdiction where the defendant is located or does business.
• The Location Of The Plaintiff (The Person Bringing The Lawsuit): It may be more convenient for the plaintiff to file a lawsuit in the jurisdiction where they live or where the injury occurred.
• The Laws Of The Jurisdiction: Different states and countries have other laws that may favor the plaintiff or defendant more. For example, some jurisdictions may have caps on damages that can be recovered in a lawsuit, while others may not.
• The Availability Of An Appropriate Court: The plaintiff must file their lawsuit in a court with jurisdiction over the case. This may be a state, federal, or another type of court, depending on the nature of the case and the parties involved. An experienced attorney can help you determine the best jurisdiction to file your hernia mesh lawsuit, considering all of these factors and any others that may be relevant to your case.

What Should You Do Before You File Your Hernia Mesh Lawsuit?

Here is what you should do before filing a hernia mesh lawsuit:

• Gather all relevant documents: This may include medical records, receipts, bills, and other documents related to your injury or the hernia mesh implant. These documents can help support your claim and provide evidence of the damages you have suffered.
• Consult with a lawyer: Speaking with an experienced attorney familiar with product liability cases is a good idea. A lawyer can help you understand your legal options and determine your case’s best action.
• Review the statute of limitations: Each state has a time limit for filing a single lawsuit, well known as the “statute of limitations For Hernia Mesh.” It is essential to make sure that you file your lawsuit within the period specified by the law, or you may be barred from bringing your claim.
• Consider alternative dispute resolution: In some cases, it may be possible to resolve your dispute through alternative means, such as mediation or arbitration. This can be a faster and less expensive way to resolve your claim, but it is essential to understand that you may give up your right to a trial if you agree to these alternative methods.
• Understand the risks and costs of litigation: Filing a lawsuit can be a complex and time-consuming process, and there are no guarantees of success. Understanding the risks and costs associated with litigation before proceeding is essential, including the potential for legal fees and other expenses.
• Keep records: Keep accurate records of all communication and correspondence related to your case. This can include copies of letters, emails, and other documents. It will help support your claim and demonstrate the damages you have suffered.

How to File a Hernia Mesh Lawsuit?

Here’s how to file a hernia mesh lawsuit if you believe a defective hernia mesh caused you harm.

Consult With a Lawyer

It is a good idea to speak with an experienced attorney familiar with product liability cases. He can help you understand your legal options and determine your case’s best course of action.

Gather All Relevant Documents

This may include medical records, receipts, bills, and other documents related to your injury or the hernia mesh implant. These documents can help support your claim and provide evidence of the damages you have suffered.

Determine the Appropriate Jurisdiction

You will need to file your lawsuit in a court with jurisdiction over the case. This may be a state, federal, or another type of court, depending on the nature of the case and the parties involved.

File a Complaint

A complaint is a legal document outlining the allegations in your case and the damages you seek. Your attorney can help you draft and file the complaint in the appropriate court.

Serve the Defendant

Once you have filed the complaint, you will need to “serve” the defendant (the party being sued) with a copy of the complaint. This can be done by having a process server deliver the documents in person or mailing them to the defendant’s last known address.

Wait for a Response

The defendant will be able to respond to the complaint by filing an “answer” or pleading. The legal process will then proceed according to the rules of the court.

See the other medical device lawsuits our lawyers have covered.

FAQs

Is It Too Late to File a Hernia Mesh Lawsuit?

It is not necessarily too late to file a hernia mesh lawsuit, but it is essential to consider the statute of limitations, which is the time limit for filing a lawsuit. Each state has its statute of limitations for personal injury cases, and the period may vary depending on the specific circumstances of your case.

Can Hernia Mesh Implants Cause Problems Years Later?

Yes, hernia mesh implants can cause problems years later. Some common complications associated with hernia mesh implants include infection, scarring, adhesions, and hernia recurrence. In some cases, the mesh may become brittle or break down over time, leading to additional complications.

How Long Does a Hernia Mesh Lawsuit Take?

A hernia mesh lawsuit can take a significant amount of time to resolve. The length of time can vary depending on the case’s specific circumstances. It is typical for a hernia mesh lawsuit to take several years to conclude.

Can Hernia Mesh Result in Infection Years Later?

Hernia can result in infection years later. The most common symptom of a hernia mesh infection includes severe pain, swelling, redness, and warmth to the touch. An infection could result in extensive damage to the affected area, resulting in hospitalization, revision surgeries as well as other health complications.

Get a Free Lawsuit Evaluation With Our Lawyers

Schmidt & Clark, LLP is currently accepting cases for those who have been injured by hernia mesh. If you believe you have been injured by hernia mesh, don’t hesitate to contact us today to schedule a free consultation with one of our experienced lawyers. Our expert team will help you file a case and get the justice you deserve.

References:

1. https://www.drugwatch.com/hernia-mesh/settlements/
2. https://www.forbes.com/advisor/legal/product-liability/hernia-mesh-lawsuit/
3. https://www.drugwatch.com/hernia-mesh/pain/
4. https://www.nolo.com/legal-encyclopedia/hernia-mesh-litigation