Showard Law Firm is currently accepting new product liability cases from individuals who have been seriously harmed by hernia mesh. Common symptoms of hernia mesh failure include: abdominal bloating and discomfort, bowel blockage or constipation, fever, hernia recurrence, nausea, persistent pain, swelling, and vomiting. In most cases, medical attention is sought and the hernia mesh implant is repaired or removed.
Thousands of hernia mesh lawsuits are currently pending against various medical device manufacturers. Hernia mesh settlements are expected to range in value from $3,000 to over $1 million, depending on individual circumstances and the facts presented. The $184 million settlement paid by C.R. Bard to 3,000 plaintiffs in 2011 represents the largest hernia mesh settlement amount to date, as of July 2020.
If you are a potential plaintiff, you are likely wondering whether you should file, how long it might take to resolve, and how much money you can expect. Contacting Showard Law Firm for a free, no-obligation consultation is the best way to get answers. Should you decide to pursue a product liability lawsuit seeking damages, you pay nothing upfront and nothing if your case does not settle or win a jury verdict.
Should I Pursue a Hernia Mesh Settlement?
Seeking a personal injury settlement is not a quick, easy process, but it can be worthwhile in certain cases. You may be eligible for compensation that covers your medical bills– including doctor copays, diagnostic imaging, hospital stays, procedures, medications, surgeries, ambulance rides, therapies, treatments, assistive devices, and any other related out-of-pocket expenses. Lost wages are typically calculated as part of your losses. You will likely receive an estimated amount of money to compensate for “pain and suffering,” which factors in physical pain, mental distress, anxiety, depression, the loss of consortium, loss of mobility, the inability to work, and the loss of enjoyment in life.
Filing a lawsuit is a necessary procedural step on the path toward pursuing a hernia mesh settlement. Each state has its own product liability statute of limitations, so it is wise to contact an attorney for a free consultation– sooner rather than later– to explore your legal options.
The grounds for filing a lawsuit include:
- Defective Design – Certain types of mesh were prone to buckling, shrinking, breaking, migrating, and perforating organs shortly after implantation. Despite known defects, the companies continued to sell these products. One such product is C.R. Bard’s Composix Kugel hernia mesh, which resulted in at least 21 serious injuries and one death before it was pulled from the market.
- Manufacturing Defect – When a manufacturer deviates from its original design and intended materials to make the finished product, injuries can ensue. The use of substandard, adulterated, or non-medical-grade raw materials is one possibility. In the case of Ethicon’s Physiomesh Flexible Composite hernia mesh, the type of packaging selected caused the mesh to lose its protective coating, making internal organ adhesions more likely.
- Failure to Warn – Manufacturers owe a standard duty of care to thoroughly test their products before selling them, and to warn patients, physicians, and the general public of any known risks of injury. Independent laboratory testing, published medical studies, and consultations with experts– should aid companies in making sensible decisions about what information to include on a product’s warning label. Serious concerns should be placed in boxed warnings, while potentially fatal risks must be described in Black Box warnings. Despite numerous physician-reported adverse events stating that Proceed’s entral Patch was susceptible to tearing and disintegrating, Ethicon quietly added a coating they hoped would strengthen the product. They continued to sell it for years, without warning consumers of the known risks.
An experienced product liability lawyer will help you craft the strongest legal argument for compensation. Likely, your lawsuit will include all three grounds for seeking justice.
How Much Are Individual Hernia Mesh Lawsuit Settlement Amounts?
Thousands of hernia mesh lawsuits have settled so far–most privately, so we do not have details on exact amounts. One MDL was resolved in 2011 after C.R. Bard lost a $2 Million bellwether trial. The remaining 3,000 cases were settled for $184 million, with each plaintiff receiving $60,000 on average.
There are still thousands of hernia mesh lawsuit settlements pending. Major MDLs exist:
- #2782 – Ethicon Physiomesh (2,907 cases)
- #2753 – Atrium C-QUR (2,241 cases), and
- #2846 – Davol/Bard Polypropylene hernia mesh (3,591 cases).
It’s not too late to join these proceedings. Individual settlement amounts will depend upon the duration and severity of your injuries, the strength of your medical documentation and testimony, the type of work and life you led prior to your injuries, the out-of-pocket expenses paid to date, and the future medical expenses you are likely to incur.
How Long Do Hernia Mesh Settlements Take To Resolve?
The cases against hernia mesh manufacturers have been consolidated in federal district courts to streamline (and expedite) discovery evidence, expert depositions, witness interviews, evidentiary challenges, motions to dismiss, and summary judgement motions.
Eventually, judges select a handful of cases to serve as early “bellwether trials” that will help evaluate the strengths and weaknesses of the central arguments. How these cases turn out sets the stage for how others may proceed. Sometimes the manufacturer makes a sweeping out-of-court settlement offer to the remaining plaintiffs. Other times, the individual cases go to trial in the courts where they were filed, with the bellwethers serving as helpful legal precedents.
However, based on prior mass tort product liability cases, we anticipate it could take one to two years to resolve these claims. Settlement compensation may not occur until the end of 2021 at the earliest. COVID-19 shutdowns have delayed proceedings by several months already.
Many people seeking hernia mesh settlements need immediate financial relief. We can understand how frustrating the process can be. We will help you look into ways to stop aggressive bill collectors or obtain short-term financial assistance in the meantime.
Injured by Hernia Mesh? Contact Showard Law Firm to discuss your options
Showard Law Firm has a longstanding history of taking on big product liability cases. Our extensive experience with MDL proceedings puts you at an advantage. Contact Sarah Showard to discuss your options.
We will not only help you file your lawsuit and know what to expect down the road ahead, but also conduct research, assemble expert testimony, help you know whether a settlement offer is fair or not, and assist with an appeal if necessary.