Chronic pain, severe infections, bowel obstruction, perforations and adhesions are just some of the life-altering complications associated with hernia mesh implants. Over the past several years, hundreds of Americans have filed claims alleging that hernia mesh devices produced by Ethicon, C.R. Bard, Atrium and other manufacturers were defective and sold without adequate warning.
Due to the high rate of serious health complications and hernia recurrence, multiple mesh implants have been recalled from the market, including Ethicon’s Physiomesh inserts. At present, courtrooms across the country have been inundated with hernia mesh lawsuits in which plaintiffs are demanding monetary compensation for their injuries, hospital bills, corrective surgeries, pain, suffering and other losses.
One of the most commonly asked questions by claimants who are awaiting their day in court is “how much is my hernia mesh case worth?” While previous hernia mesh litigation suggest a broad range of possible outcomes (Kugel mesh settlements averaged $70,000 per plaintiff and a separate trial resulted in a $1.5 million dollar verdict), the amount of compensation recovered will depend on the specific circumstances of each case. The following are some factors that will affect the potential value of your case.
The value of your hernia mesh case
First, it’s important to understand the types of damages available to plaintiffs in product liability litigation. These include:
- Compensatory damages: This compensation is intended to reimburse plaintiffs for their actual hospital and medical expenses (both current and future) lost income, and future lost earning potential.
- Pain and suffering: Physical pain resulting from the injury, including aches and pains, discomfort, scarring, and limitations on normal activity
- Loss of consortium: When one spouse is deprived of the love, affection, comfort and other normal family relationship due to their partner’s injury
- Punitive damages: Punitive damages are intended to punish the defendant if it is determined that they acted with reckless or wanton behavior that intentionally caused harm.
In order to determine the potential value of a hernia mesh case, your attorney will evaluate the following elements:
- The type of hernia mesh device used -Was the device recalled by the FDA or voluntarily pulled off the market by the manufacturer? Are there substantive studies and adverse reports about serious complications tied to the particular type/model of hernia mesh
- Level of injuries suffered– Defective medical devices can cause a wide range of debilitating injuries that diminish one’s quality of life. The nature and severity of a plaintiff’s injuries are one of the most critical factors in assessing the value of a claim. In situations where the plaintiff endured multiple surgeries, prolonged hospital stays and sustained permanent damage, the payouts will likely be much higher.
- Amount of medical bills– the amount of money paid for doctor’s visits, diagnostic tests, hospitalization, medications, surgeries and assistive medical devices.
- How the injuries/complications have impacted your life – compensation awards are generally higher in cases where your injury has had significant negative impacts on your daily life and ability to work. For example, a plaintiff who suffers from chronic infections and life-long digestive problems due to hernia mesh complications.
- Loss of wages and future earnings – The amount of lost income will also factor in to a settlement or jury award. Plaintiffs who were unable to work for a long period of time or who cannot return to their previous employment because of permanent disability are entitled to financial recovery for past, present and future loss of earnings.
Experienced Louisiana hernia mesh attorney
Hernia mesh complications can undermine one’s quality and enjoyment of life, leaving victims to grapple with chronic pain, scarring, inflammation, kidney problems and a host of other incapacitating issues. If you or someone you love has suffered adverse side effects after hernia mesh implantation, you deserve experienced legal help.
Bart Bernard is a highly skilled hernia mesh lawyer who represents clients in Louisiana and throughout the United States. To discuss your case free of charge, we invite you to call today.
Additional “Hernia Mesh Lawsuit” Resources:
- FDA, Hernia Surgical Mesh Implants https://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/ImplantsandProsthetics/HerniaSurgicalMesh/default.htm
- PennRecord, Pittsburgh judge in polypropylene mesh case ‘followed well-settled law,’ http://pennrecord.com/stories/510933107-pittsburgh-judge-in-polypropylene-mesh-case-followed-well-settled-law-attorney-says
- LegalExaminer, MDL May Be on the Horizon for Hernia Mesh Lawsuits http://southeastpennsylvania.legalexaminer.com/medical-devices-implants/mdl-may-be-on-the-horizon-for-hernia-mesh-lawsuits/