You may be wondering how long it will take to resolve your hernia mesh injury claim. Because each patient’s situation is unique, there are many factors that will determine how long it will take for you to receive the compensation you’re owed.
This guide outlines some of the factors involved in defective hernia mesh cases. It also includes some information on what a settlement entails and what compensation you might be owed.
What Influences the Time It Takes for a Hernia Mesh Lawsuit to Settle?
There are many different factors that could affect the time it takes to reach a settlement in a hernia mesh lawsuit. One of the biggest factors is the complexity involved in the case.
Depending on the particular circumstances of your situation, you may be dealing with elements of product liability (meaning the mesh itself was defective in some way), medical malpractice (meaning the mesh was implanted improperly), or both. In either case, you’ll need extensive documentation of your injuries and how they occurred. This means going through piles of medical records and obtaining testimony from expert witnesses. Both sides will likely offer extensive evidence to make their point.
Many civil court judges bundle hernia mesh lawsuits together as part of a class action or multi-district litigation (MDL). This is a move designed to help more cases eventually reach a resolution, but it can still take several years for class action or MDL lawsuits to resolve.
Other factors that can influence your case include the extent of your injuries, the track record of the hospital where you received your implant, as well the surgeon who implanted it, and the skill of your lawyer.
Check Whether You’re Eligible
Before deciding whether you want to file a claim related to your hernia mesh implant, you should make sure you are potentially eligible to receive compensation. If you are not eligible, you may go through the process of filing your claim only to discover that you cannot recover any compensation.
To help make sure you may be eligible to receive compensation, review all your medical records with your attorney – especially any information concerning who made your implant, the surgery itself, and your recovery process.
Patients have filed claims against the manufacturers of defective hernia mesh, including:
Ethicon – These lawsuits concern the company’s Physiomesh product, which was recalled in 2016 after it was shown that the mesh resulted in an unusually high rate of complications and corrective surgeries.
Atrium C-QUR – This mesh was recalled after numerous patients reported suffering from painful side effects after having the mesh implanted, such as severe allergic reactions.
Bard – over 15 types of Bard Hernia Mesh are the subject of an MDL in New Jersey. We can help you determine if your mesh implant is the subject of one of these litigations.
You can contact the surgeon who performed your surgery or the medical facility where the surgery was performed to learn more about your hernia mesh implant. Once you’ve done so, talk to a lawyer to discuss your legal options.
Consider Your Symptoms and How Much Damage They’ve Caused
Another factor to consider before filing a hernia mesh lawsuit is the extent of the damage that your implant has caused. The more severe the damage or side effects, the more compensation you could potentially be owed.
Examples of some complications that could justify filing a hernia mesh lawsuit include:
- Serious infection
- Organ perforation
- Mesh adhesion (the mesh becomes stuck to other organs)
- Mesh migration or shrinkage (the mesh moves within your body or shrinks)
- Chronic pain
- Hospitalization or a need for additional corrective surgery
- Flu-like symptoms due to the mesh
If you’ve suffered from any of these or other serious symptoms, you should strongly consider filing a lawsuit.
You’ll also want to consider the financial impact that your hernia mesh injury has had. This includes:
- Medical bills
- Lost income
- Reduced ability to earn a living
- Other financial hardships
Hold on to any pay stubs or other documents that show the financial cost of your hernia mesh injury.
Average Settlement for Hernia Mesh Lawsuit
It’s impossible to calculate an average settlement for a hernia mesh lawsuit because every case is different. The amount of compensation you could receive will depend on the injuries you’ve suffered, the evidence you have to support your claim, and other factors.
Should you choose to file a hernia mesh lawsuit, some of the things you could potentially receive compensation for include:
- The cost of any medical care you needed related to your injuries, as well as the cost of any future or ongoing care you might need
- The value of any lost wages you’ve suffered due to your injuries
- Your reduced ability to work as a result of your injuries
- Physical pain and suffering caused by your injuries
- Emotional harm you’ve suffered from your injuries, such as a diminished quality of life, depression, anxiety, etc.
- Punitive damages to deter others from negligent or reckless behavior in the future
Contact a Hernia Mesh Attorney Today for Help
The hernia mesh lawyers at Wocl Leydon are ready to go over your case with you and help you weigh your options. To get your free case review, call our office today or fill out the form on our contact page.