Surgeons have been using mesh to correct hernias since the late 1950’s. By the year 2000, only 10 percent of hernia surgeries used non-mesh implants. More than 1,000,000 hernias are repaired yearly in the United States.
By 2014, the Food and Drug Administration recalled several hernia mesh implants because of reported side effects. The products, however, are still on the market for surgeons to use. If a physician performed surgery on you to repair a hernia and used mesh to do so, you may be entitled to compensation. To discuss your options, do not hesitate to contact our firm today and discuss your case with our mass torts attorneys.
Hernia mesh complaints have risen to class action status against several manufacturers. Studies now show that the coating on the mesh could increase patients’ risk of infection. Additional problems hernia mesh implants have caused include:
Time is limited for patients who believe they were injured after a surgeon used a mesh product to repair a hernia. Because of this, it is vital to discuss hernia mesh lawsuits with our attorneys as soon as possible.
Bellwether trials have already been held. Bellwether trials are commonly part of multidistrict litigation (MDL) to manage mass torts such as defective products. They are sample trials used to study how jurors accept relevant evidence and the arguments opposing sides make. The outcomes can significantly impact future settlement talks.
The tort actions against manufacturers of hernia mesh products are brought as product liability claims for defective products. Negligence could serve as grounds for a lawsuit if the plaintiff can prove the manufacturer breached the duty to provide safe products to consumers because of their substandard acts, such as failing to warn consumers that the products cause harm that could be irreparable.
More commonly, injured parties can sue manufacturers under a strict liability theory, where the plaintiff does not have to prove negligence. Some restrictions apply in strict liability cases, but, in essence, if the manufacturer offers a product to the public, it must be safe to use as intended. If someone has further questions about grounds for hernia mesh lawsuits, contact Fleschner, Stark, Tanoos & Newlin today.
Compensation aims to address financial losses, such as medical bills and lost wages. The jury also puts a dollar amount on subjective losses, such as the stress from ongoing pain, and the emotional upheaval from undergoing additional surgery.
If you believe your complications are because of faulty hernia mesh, do not hesitate to contact our firm today. The window to file suit may be limited, so the sooner you call us, the sooner we can start working on your claim.
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