Hernia Mesh Lawyers: Find Your Best Representation

clean white mesh cloth

Hernia mesh lawsuits are mostly directed at medical device companies involved in manufacturing ineffective products that affected a claimant’s health. A defective hernia mesh can lead to various health complications, compromising hernia surgery recovery and other medical issues.

A hernia mesh lawyer is a legal professional who specializes in representing clients who have experienced complications or injuries due to hernia mesh implants. If you think you’re eligible for compensation for hernia mesh surgery complications, you must choose the right attorney to build your case.

An Overview of Hernia Mesh Lawsuits

Surgical hernia mesh implants are intended to support weakened or damaged tissue while recovering from hernia surgery. However, defective mesh products have caused numerous patients to experience significant medical complications, often resulting in additional surgeries.

Thousands of hernia mesh lawsuits are pending across the United States. Patients who suffer from hernia mesh complications can sue the healthcare provider who performed the surgery or the mesh’s manufacturing company.

Lawsuits are mostly directed at four medical device companies, which include:

  • Ethicon (a Johnson & Johnson subsidiary)
  • C.R. Bard (part of Becton Dickinson)
  • Covidien
  • Atrium Medical Corp.

These companies’ surgical mesh products have led to patients experiencing post-op health complications, which include:

  • Infection
  • Inflammation
  • Bowel obstruction
  • Seroma (fluid buildup)
  • Nerve damage

A patient seeking compensation for damages should receive a full assessment of their injuries and required treatment. Doing so can provide sufficient evidence for a personal injury claim.

Hernia mesh claims are typically in line with personal injury claims. Compensation from winning a case can include pain and suffering, lost wages, loss of quality of life, and other damages.

There have been over 20,000 hernia mesh lawsuits, with more sure to come in the following months following recent successes. These cases can result in hernia mesh settlement values that range from $65,000 to over $255,000 in compensated damages.

Where Can You Find Hernia Mesh Lawyers?

A hernia mesh lawyer can help the patient seek compensation for their medical expenses, pain and suffering, lost wages, and other damages.

Listed below are some methods to find hernia mesh lawsuit attorneys:

Referrals from Personal Contacts

This method involves getting recommendations from friends, family, colleagues, or other acquaintances who have had a personal experience with a lawyer.

Referrals can be highly valuable because they come from trusted sources who can provide firsthand accounts of their experience as clients. This approach allows for a more personalized connection and can often lead to finding a lawyer well-suited to your specific needs.

State or Local Bar Associations

male lawyers viewing law website

Most state and local bar associations offer a lawyer referral service.

These services typically involve the bar association providing potential clients with a list of qualified attorneys in the specific area of law they need help with. This method is beneficial for those who do not have personal referrals.

Looking at Online Legal Directories

Online directories allows you to search for lawyers by practice area and location. These directories often include lawyer profiles, which can contain information about the lawyer’s education, experience, and areas of specialization.

Some directories also contain reviews from clients or peer endorsements. These can have ratings or other tools to help evaluate potential lawyers.

Contacting JusticeHero

Our team at JusticeHero can give you legal assistance to help you get the settlement you deserve.

We have been working on various mass tort lawsuits, dealing with clients in various personal injury cases such as Paraquat poisoning and hernia mesh victims. You can get a free hernia mesh case review for your hernia mesh case by filling out our online form.

Multitaskers: Hernia mesh lawyers typically possess a combination of medical and legal knowledge to understand the complexities of hernia mesh cases. They work closely with medical experts to build strong cases for their clients.

How to Choose the Right Hernia Mesh Lawyer

female hand holding a brown law book

Like any lawsuit, choosing the best hernia mesh lawyer involves careful consideration of several factors. These factors can significantly influence the outcome of your hernia mesh lawsuit.

Here are some key points to consider:

Experience

The lawyer’s experience handling hernia mesh lawsuits is crucial.

An experienced lawyer will deeply understand the legal complexities involved in these cases. They will also be familiar with the tactics used by the defense and will know how to counter them effectively.

Track Record

Look at the lawyer’s track record in handling similar cases.

A lawyer with a history of successful outcomes in hernia mesh lawsuits will likely be a good choice. You can ask the lawyer about their success rate and the average compensation they have secured for their clients.

Reputation

The lawyer’s reputation in the legal community can also indicate their competence. You can check online reviews and ask for references from past clients.

Communication Skills

Good communication is key in any lawyer-client relationship.

The lawyer should be able to explain complex legal terms in a way that you can easily understand. They should also keep you updated on the progress of your case.

Resources

Handling a hernia mesh lawsuit requires substantial resources. The lawyer should have a team of paralegals, medical experts, and investigators to build a strong case.

Hire Specialists: The goal is to find a lawyer with the experience and skills to represent you in your hernia mesh lawsuit effectively. Try to find a lawyer with extensive experience in cases that deal with personal injuries and defective medical devices.

What to Expect from a Hernia Mesh Lawyer?

The role of a hernia mesh lawyer is multifaceted and involves several key responsibilities in managing their cases.

Listed below are some of the key responsibilities of hernia mesh attorneys:

Investigating a Client’s Case

One of the primary responsibilities of a hernia mesh lawyer is to thoroughly investigate the client’s case. This includes:

  • Reviewing medical records to understand the extent of the client’s injuries and the impact on their quality of life.
  • Consulting with medical experts to gain a deeper understanding of the client’s condition and the potential link to the hernia mesh implant.
  • Researching the hernia mesh product, including any recalls or warnings issued by the Food and Drug Administration (FDA).

Developing a Legal Strategy

Another crucial role of a hernia mesh lawyer is to develop a legal strategy for the lawsuit. This includes:

  • Identifying the most appropriate legal grounds for the lawsuit, such as product liability or medical malpractice.
  • Determining the potential defendants in the case, which could include the hernia mesh manufacturer, the surgeon who implanted the device, or the hospital where the surgery took place.
  • Estimating the potential compensation the client could receive, based on factors such as medical expenses, lost wages, and pain and suffering.

A hernia mesh lawyer also represents the client in court proceedings to present evidence, cross-examine witnesses, and make persuasive arguments to the judge or jury. If the lawsuit is successful, the lawyer negotiates the settlement amount with the defendant’s legal team.

Additional Responsibilities

If a hernia mesh lawsuit is unsuccessful, the attorney’s role doesn’t necessarily end. They may explore other legal options, such as filing an appeal or pursuing a lawsuit against a different defendant.

Throughout this process, the lawyer provides ongoing support and guidance to the client, helping them navigate the complex and often stressful world of legal proceedings.

What Types of Damages Are Awarded for Hernia Mesh Lawsuits?

The compensation you can expect from a hernia mesh lawsuit can vary greatly depending on the specifics of your case.

Here are the several types of damages commonly awarded in these types of lawsuits:

  • Medical expenses: Covers past and future medical costs related to hernia mesh complications.
  • Lost wages: Compensation for income lost due to inability to work, including reduced earning capacity.
  • Pain and suffering: Compensation for physical pain and emotional distress.
  • Punitive damages: Additional damages intended to punish the defendant and deter similar behavior.

The potential risks of filing a hernia mesh lawsuit can vary. While a successful lawsuit can result in significant compensation, it can also be lengthy and stressful.

There’s always a risk that the lawsuit will fail, leaving you with legal fees and no compensation. It’s crucial to consult with a knowledgeable hernia mesh lawyer who can help you weigh the potential risks and benefits based on the specifics of your case.

How Much Does a Hernia Mesh Lawyer Cost?

woman computing expenses with a calculator

The cost of hiring a hernia mesh lawyer can vary significantly based on several factors. These include the case’s complexity, the lawyer’s experience, and the state where the lawyer practices.

The specifics of each case can vary widely as well, and the ability to file a lawsuit will depend on these factors. This includes the specific circumstances of the hernia repair, the type of mesh used, the nature of the complications, and the laws in the patient’s jurisdiction.

Typically, hernia mesh lawsuit lawyers work on a contingency fee basis. This means they get a percentage of the compensation for winning the case or securing a settlement.

In addition to a contingency fee, there may be other costs you should consider.

Here’s a sample breakdown of potential legal costs:

ExpensePotential Cost
Court filing fees$150 – $400
Obtaining medical records$20 – $100
Expert witness fees$200 – $400 per hour
Deposition costs$1000 – $3000
Postage and copying$50 – $200

Keep in mind that these price ranges are just estimates. Actual costs can vary based on your chosen attorney.

These costs are usually deducted from the settlement or award before the lawyer’s fee is calculated. Sometimes, the lawyer may require the client to pay these costs upfront.

Budget Tip: It’s important to discuss all potential costs and fees with a potential lawyer before signing a contract. This can help avoid any surprises and ensure that the client understands the financial commitment to pursuing a hernia mesh lawsuit.

Can I File a Lawsuit if I’ve Already Had My Hernia Repaired?

In many cases, individuals can still file a hernia mesh lawsuit even if they’ve already had their hernia repaired. This is particularly true if the repair addressed a defective hernia mesh that later caused complications or health issues.

The key factor in such cases is whether the hernia mesh product was defective or if the patient was not adequately warned about potential risks. If either of these conditions is met, a lawsuit may be viable regardless of the timing of the hernia repair.

Here are some potential scenarios where a lawsuit might be filed after a hernia repair surgery:

Scenario A

A patient has a hernia repair surgery involving a mesh product, leading to severe pain and complications. This could require additional medication and surgeries.

If it’s found that the mesh product was defective, the patient may have grounds for a lawsuit.

Scenario B

A patient undergoes hernia repair surgery with a mesh product and later develops complications.

If they were not adequately warned about the potential risks associated with the mesh,  the patient may be able to sue for failure to warn.

Scenario C

A patient undergoes hernia repair surgery with a mesh product but only develops serious health issues linked to the mesh after several years.

If the mesh product is found to be the cause, the patient may be able to file a lawsuit, even if the initial surgery was years ago.

What Is the Statute of Limitations for Filing a Hernia Mesh Lawsuit?

female doctor handing diagnosis to male patient

The statute of limitations for filing a hernia mesh lawsuit can differ depending on the jurisdiction. This refers to the maximum time after an event within which legal proceedings may be initiated and varies from state to state.

In the context of hernia mesh lawsuits, the statute of limitations typically begins when the patient first becomes aware of potential harm caused by the hernia mesh. This includes the time when a patient experiences complications or adverse symptoms.

Here are some general guidelines about the statute of limitations:

  • In many U.S. states, the statute of limitations for personal injury cases is typically two to four years from the date of injury or discovery of the injury.
  • Some states have a statute of repose, which sets an absolute limit on the time within which a lawsuit can be filed, regardless of when the injury was discovered.
  • In some cases, if the harm caused by the hernia mesh was not discovered until after the statute of limitations had expired, courts may allow a lawsuit to proceed under the “discovery rule.”

It’s important to note that determining the exact timeline for the statute of limitations can be complex, as it may involve interpreting state laws, court decisions, and the specific circumstances of the injury.

Therefore, it’s crucial to consult with a knowledgeable hernia mesh lawyer who can provide guidance based on your situation.

Build a Strong Case

The duration of a hernia mesh lawsuit can also vary widely, averaging several months to several years to resolve. The duration depends on the number of plaintiffs, the court’s schedule, and whether the case is settled out of court or goes to trial.

Hernia mesh manufacturers have been facing claims for years, which makes these cases take a long time to settle. This is why having the right legal team behind you is vital as you build your case.

DISCLAIMER: This article does not provide legal advice and is intended for informational purposes only. Always consult with a professional for recommendations related to your specific situation.

We can help you get the representation you need – just answer these simple short questions and we’ll get in contact to start looking for the Hernia Mesh lawyer you deserve!

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Case Status:
Ongoing (Top Settlement is $184 Million)

Defendants:
Ethicon, Atrium Medical, and Bard Davol

Injuries:
Bowel obstructions, infections, and death