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Everything to Know About the Hernia Mesh Case

July 31, 2018

A Hernia Mesh is a device implanted in humans who are affected by hernias and have to undergo hernia repair surgery. The device is meant to stay in the body permanently and provide support and reinforce any damaged tissue surrounding a hernia or multiple hernias. By allowing this reinforcement, a Hernia Mesh is meant to reduce the risk of the hernia returning and causing added problems. Unfortunately, many patients who received a Hernia Mesh have seen more complications than help and the implant has caused everything from pain and infection to more serious issues.

Why Did the Hernia Mesh Case Come About?

The manufacturer of the actual mesh has stated on their material safety data sheet that the device is not to be used in humans.  Instead of following these warnings, the manufacturers got together and decided that these would be good to implant in humans and now people are having all kinds of problems, requiring revisions when the mesh fails, and having to undergo multiple surgeries.

Can a Patient Enter the Case Now?

They can still enter the lawsuits now.  Depending on the type of mesh, if it’s an atrium c-qur mesh, that’s pending in the district of New Hampshire, they can still enter that lawsuit. Ethicon physiomesh, that’s pending in the northern district of Georgia and they can still enter that lawsuit.  Speak with a local attorney to see your options for entering a Hernia Mesh case.

How Long Will the Case Take?

A mass tort case like this usually takes a couple of years, depending on the MDL.  Some MDLs, get resolved within a year, while other MDLs, like the Xarelto MDL, they’ve had five bellwether trials that all resulted in defense verdicts so there’s no settlement negotiations. There are over 21,000 cases pending in that MDL, so the court is in the process of selecting the 1,200 cases for trial and preparing those for trial, so some may take a lot longer but on average, it’s usually about two years.

What Can a Patient Expect in Terms of Settlement?

It depends on their injury and it depends on the factors that are considered based on the product.  If I’m alleging cancer but the client has had a long family history of cancer or they’re smokers, all that factors in. The age of the client can play a factor depending on what the product is.  There’s different things for each case that can affect your settlement, it’s not a one size fits all situation.

How Can an Attorney Help?

An attorney will gather their medical records and make sure you are a candidate for this specific case. Once that is established, your attorney will draft the complaint and help you through the process of plaintiff fact sheet. At that point, they will take over and do basically everything. A good attorney will only need the client to tell us where they had the surgery, who the surgeon was and what problems they were having and who they treated with.

If you’ve experienced complications due to a Hernia Mesh, contact the expert attorneys at Stewart & Stewart today. Give us a call at 1-800-33-33-LAW or visit our website for more information.