Hernia mesh defects may affect many individuals who undergo surgery due to severe or recurrent hernias. Defective hernia meshes have caused people to experience pain, infection, or issues with the mesh migrating. Some manufacturers have recalled their meshes due to the frequency and severity of these issues. This has led to an increase in hernia mesh lawsuit settlement cases.
Here, we’ll discuss some of the adverse effects people have experienced as a result of hernia mesh defects and how pre-settlement funding can help people who face medical expenses or loss of earnings bridge the gap while waiting for their case to complete.
Understanding hernia mesh lawsuits
Hernia meshes can help prevent hernias from reoccurring. The mesh strengthens and reinforces any damaged tissues from the hernia, and while these surgeries have helped some patients, they’ve also caused a significant number of complications. In fact, it’s been reported that the following are commonly reported adverse effects[1] of hernia mesh:
• Bowel obstruction
• Mesh migration
• Mesh shrinkage
• Infection
• Pain
• Hernia recurrence
• Adhesion
Different types of mesh are available from various manufacturers. Many of these meshes are subject to recalls, in some cases voluntarily, by the manufacturers due to the complications they have caused. The FDA has a comprehensive list of all hernia mesh that’s been recalled[2], including voluntary recalls. Although these recalls will hopefully prevent any future incidents of hernia mesh injuries, unfortunately, the recalls happened too late for many, after the damage was already done.
When a person suffers adverse effects after a surgery meant to mitigate their symptoms, they may pursue monetary compensation in a medical malpractice lawsuit. But when a person suffers an injury resulting from a recalled product that is proven to be dangerous because it has harmed multiple individuals, they may be able to pursue damages in a product liability lawsuit. There’s been an increase in the number of hernia mesh lawsuit settlements happening in recent years.
Hernia mesh lawsuit process
Filing a lawsuit
If you’ve experienced an injury as a result of a hernia mesh, the first thing to do is seek legal advice. There are many attorneys who are willing to take on hernia mesh lawsuits on a contingency basis. These attorneys can advise you on whether you’re likely to be successful in your claim.
Building the case
Your attorney will probably ask you to compile evidence of any harm you’ve suffered as a result of having the hernia mesh fitted. This may include medical records, a diary of any symptoms or issues you’ve experienced, expert opinions, receipts for costs you’ve incurred, etc. It’s important to document as much as possible to show that you’ve experienced pain and suffering or incurred medical expenses due to issues with the hernia mesh.
Settlement negotiation
When you start a hernia mesh lawsuit, the company you’re claiming against may opt to offer an out-of-court settlement. Your attorney will advise you as to whether they believe the settlement amount is fair. If the hernia mesh manufacturer is offering you an amount similar to what you’re likely to win in a trial, they may advise you to take the offer. This is because taking the case all the way to court would take longer and there’s the risk of getting a smaller award.
Trial process
If you and your attorney choose not to accept a settlement and to have the case go to trial, a judge or jury will consider the evidence from both parties and determine whether there’s enough evidence that the injury you received was due to a defective mesh. They’ll also calculate the damages you’re entitled to be awarded based on the nature of your injury and the level of fault. Hernia mesh lawsuit average payouts vary from $65,000 to $80,000, but awards of much higher amounts do sometimes occur.
In some cases, the manufacturer may be found not to be at fault and the plaintiff not to be entitled to any damages or you may be awarded damages that are lower than what you requested. If you’ve received pre-settlement funding and it’s determined that you’re not entitled to any damages, you won’t have to pay the pre-settlement funding company anything.
The importance of pre-settlement funding
Pre-settlement funding for defective medical product lawsuits can help plaintiffs in a hernia mesh lawsuit cover the cost of their care or other ongoing expenses while they wait for the case to conclude. This funding can be invaluable for individuals who’ve lost income or who face out-of-pocket expenses. Hernia mesh recall lawsuits can take a long time to complete, but our customer testimonials show how many people we’ve helped. Pre-settlement funding helps plaintiffs who might not be able to pay their bills without the money from the settlement.
Product liability and medical malpractice pre-settlement funding is not a loan. The pre-settlement funding company is paid out of the settlement or award, if any. If someone obtains pre-settlement funding and supplies truthful and complete information but is then not successful in their claim, they don’t have to pay the funding company anything. This makes pre-settlement funding a risk-free way of obtaining cash while a claim is going through.
USClaims: Your partner in hernia mesh pre-settlement lawsuit funding
If your injury stems from a hernia mesh issue, a hernia mesh pre-settlement lawsuit funding can provide you with a lifeline. If you’ve had a hernia mesh fitted and a flaw or issue with the mesh has caused pain or required you to have subsequent surgical treatments, it may be worth seeking advice about your options from a medical malpractice lawyer or one specializing in product liability cases.
At USClaims, we offer pharmaceutical drug lawsuit funding and funding for hernia mesh lawsuits, as well as other medical issues.
Pre-settlement funding may help you cover the cost of medical bills or make up for any loss of earnings if you’re experiencing pain or adverse effects due to a hernia mesh. This funding can bridge the gap while you wait for a settlement to come through. You can learn more about pre-settlement funding, how it works, and who may be eligible in our pre-settlement funding FAQ.
If you have retained a legal professional and are in the process of making a claim against a hernia mesh manufacturer, contact us at 1-877-USCLAIMS to discuss whether you qualify for pre-settlement funding.
FAQs
What happens if you lose your hernia mesh recall lawsuit?
If you lose your hernia mesh recall lawsuit, you won’t have to pay the pre-settlement funding company anything, as long as you didn’t lie to the company.
Is pre-settlement funding for a hernia mesh recall lawsuit considered a loan?
No, it is not a loan. And if your lawsuit is unsuccessful, you won’t have to pay the litigation funding company anything.
Sources
• Health, Center for Devices and Radiological. “Surgical Mesh Used for Hernia Repair.” FDA, 12 July 2023, www.fda.gov/medical-devices/implants-and-prosthetics/surgical-mesh-used-hernia-repair.
• Health, Center for Devices and Radiological. “Medical Device Recalls.” FDA, 12 Apr. 2021, www.fda.gov/medical-devices/medical-device-safety/medical-device-recalls.
