The surgical mesh used in hernia repair surgeries has been shown to cause significant complications and adverse effects in many patients. While meshes have been used in hernia repair surgery since the 1950s, in recent years, the United States has seen an increase in lawsuits stemming from mesh failure and complications.
Many hernia mesh cases are very complicated, and it can take years before the lawsuit is settled or even before the mesh manufacturer will come to the negotiating table. Each hernia mesh case is different, so the time it takes to settle the case can vary widely depending on the facts and circumstances of the case.
It is important to note that most cases settle long before they ever see a courtroom. Your attorney can work to secure a fair settlement that accounts for all of the costs associated with treatment and recovery. If the mesh manufacturer refuses to offer a fair settlement, your attorney may suggest filing a lawsuit. During this process, the case could still settle, or it could go to trial.
Hernia Mesh Lawsuit Timeline
A hernia mesh lawsuit typically goes through several main stages on its way to settlement or to trial. The key stages of a hernia mesh case are as follows:
- Filing the lawsuit. An experienced hernia mesh attorney can help you file the lawsuit, which begins when certain documents are filed with the court and delivered to the hernia mesh manufacturer or other liable party. Your lawsuit must be filed with respect to the jurisdiction’s statute of limitations. In Connecticut, you have three years from the date the complications were discovered – or reasonably should’ve been discovered – to file a claim.
- Discovery process. This is where both the plaintiff and the defendant investigate the facts of the case and gather information about each other’s arguments. Discovery tools in a hernia mesh case often include interrogatories (questions that have to be answered in writing under oath), depositions (sworn testimony in response to questions from a lawyer), and requests for production of documents, such as medical records and financial information.
- Pre-trial motions. Motions are used to resolve particular issues or set the rules for an upcoming trial, or to attempt to end the case. Examples include motion to dismiss and motion to compel.
- Settlement. Hernia mesh lawsuits can be resolved by an out-of-court settlement at any point. The parties may reach a settlement on their own, or through court-ordered attempts at resolution, such as mediation, may lead to a settlement.
- Trial if no settlement. In some cases, no settlement can be reached, and the lawsuit will go to trial. During trial, the injured patient’s lawyer outlines all details of the case in front of a judge or jury, and the defendant gets to counter that evidence and present their own. Witnesses are typically called to testify. The jury or judge will eventually announce findings regarding liability and damages.
Hernia mesh cases are known for being complex. Some of the phases above – in particular, the discovery process and pre-trial motions – will take longer than they might in a less complicated personal injury lawsuit. The court’s calendar can also impact the hernia mesh lawsuit timeline. If the docket is clogged, hearing and trial dates could get pushed back.
How Can Wocl Leydon Help Me?
Have you been affected by defective hernia mesh? If so, speak with the Connecticut hernia mesh lawyers at Wocl Leydon as soon as possible. We represent patients who received defective hernia mesh implants and suffered health complications as a result.
Our lawyers have the experience, skills, and resources needed to hold the hernia mesh manufacturers accountable. Call us today or reach out to us online to schedule a free, confidential, no-obligation consultation so we can discuss your legal options.