Meshes have been used in hernia repair surgery since the first mesh was designed in 1958, but recent years have seen an increase in lawsuits arising from mesh failure and complications. As there are so many cases and they tend to be quite complex, it can take several years to settle a hernia mesh lawsuit, or even before the manufacturers are willing to discuss settlement. However, no two cases are alike so it can vary on the circumstances and factors involved.
What Influences the Time It Takes for a Hernia Mesh Lawsuit to Settle?
The length of time it takes for the lawsuit to settle can depend on a variety of factors, such as your individual case, the problems you've experienced, the preparation involved, the hospital or surgeon's track record and of course, your lawyer. However, hernia mesh lawsuits are often more complex than the average personal injury matter. Cases require significant amounts of research into your medical file and the mesh product used before they even go to court. And that doesn't include the reviewing that will take place during court.
That's why they can take years to settle as opposed to a matter of months.
The lawsuits can also be Class Action or Multidistrict Litigation (MDL). Class Actions are where cases are tried in groups and everyone under that same 'class' will receive the same settlement amount. They can take at least one to three years to resolve, depending on the case, and only under very rare circumstances will they take less than a year.
Recently, federal courts have been placing large numbers of hernia mesh lawsuits under MDLs to speed up the handling process of these cases and turn the "wheels of justice" more quickly for people who have suffered from mesh failure. Again, this depends on the individual case but typically, the lawsuit will settle sooner than it would if it was a Class Action one.
Check Whether You're Eligible
Before you can proceed with your lawsuit, you need to check whether your case is eligible as there is strict criteria in place for who can successfully file a hernia mesh claim. If your case doesn't meet this criteria, it's unlikely that it will make it to court in the first place. That's why it's essential for you and your lawyer to collate as much information as possible about your surgery, recovery process and the mesh used.
- Physiomesh by Ethicon - which was recalled in 2016 after it was revealed they resulted in a high rate of complications and corrective surgeries.
- Atrium C-QUR - recalled after patients suffered from painful side effects such as allergic reactions.
Contact your surgeon or medical facility to find out exactly who manufactured your implant as they will have this information on record.
The fastest way to determine whether your case will be eligible or not is to speak to a qualified and experienced attorney who can help you find out what the next steps to take are and whether you're able to claim compensation for your hernia mesh injuries, even if they occur years later.
Consider Your Symptoms and How Much Damage They've Caused
Then, consider if you've experienced serious complications. Look out for:
- Chronic pain
- Hospitalization and/or needing corrective surgery
- Serious infections
- Organ perforation
- Flu-like symptoms due to mesh
- Mesh adhesion (sticking to other organs)
- Mesh migration or shrinkage
- Lack of healing
If you've suffered any of these symptoms, you should definitely consider filing a claim. You need to know how much damage the hernia mesh has caused you, financially as well as physically. Keep a note of whether you have had to receive additional medical care as a result of the mesh and how much you had to pay for it.
Your hernia mesh complications may have caused you to take time off work, so highlight how much income has been and will be lost in the future. An attorney will need to know this when calculating how much compensation you're eligible to claim for.
Find Out More About the Use of Hernia Mesh
Surgical mesh has been used to repair hernias for over 50 years and are widely popular as they reduce operating and recovery time. However, there has been a huge increase in people complaining of serious problems arising from their hernia mesh. If you or a loved one has been suffering from these side effects, you might be wondering what to do. And truthfully, there's so much more to know than this blog post has covered.
Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.