For more than five decades, the use of hernia mesh to fix hernia has been the norm. These mesh devices are made by numerous manufacturers across the globe. However, not every device is equally efficient. In fact, there have been countless instances of a defective mesh causing injuries to the patient, resulting in the hernia mesh lawyers getting involved.
So, if you or anyone in your circle has recently received a hernia mesh implant and incurred injuries/faced complications due to it, you may have the right to claim compensation for the said issues. And this is where you need the services of an attorney.
Common causes behind hernia mesh complications & resulting symptoms
Most of the issues resulting from a hernia mesh surgery occur due to a faulty device. The reason why such devices are faulty is that they are deemed fit for use despite boasting the following concerns (which the manufacturer should be familiar with):
- The human body doesn’t react well to a polypropylene implant
- Polypropylene is known for causing different types of damage i.e. nerve, organ, and tissue
- The product was deemed safe and efficient after minimal testing done on animals yielded reasonable results
- Lack of human testing
- Doctors were notified about the potentially harmful effects of the device in question
And if the mesh implant you received was defective, you may experience the following symptoms:
- Chronic Pain
- Infection
- Adhesions
- Migration
- Bowel Perforation & Obstruction
Mesh complications can also result in the hernia returning, something that would require you to undergo additional surgeries, costing you money that you could have saved if you hadn’t experienced any mesh complications.
The basis for filing a hernia mesh lawsuit
If you have decided to sue your mesh manufacturer, here are the claims you can file:
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Defective design
One of the main reasons behind a mesh failure is the device’s defective design. The manufacturer may either be aware or unaware of it before putting their product in the market. A faulty device can lead to severe health complications and this is why mesh manufacturers are held accountable if their device presents a risk to the individual receiving the implant.
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Defective manufacturing process
If you can prove that the mesh was faulty when it left the manufacturer’s hub and that the mesh complications caused to you were a result of the defective design, you might just increase your chances of winning the case.
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Lack of transparency
While it’s true that most pieces of medical equipment come with certain risks, it’s crucial for the manufacturers to be completely transparent and inform both the doctors as well as the patients about these risks.
When it comes to mesh manufacturers, they must notify physicians about the risks associated with the mesh and how to avoid them.
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Medical malpractice
It’s also possible for a mesh device to be completely safe for use but that doesn’t guarantee that you will not face any complications after receiving the implant. This happens due to the negligence of the surgeon or any other healthcare provider linked with your surgery. If you can prove that the healthcare professional was negligent in their conduct, you can maximize your chances of receiving fair compensation.
Filing a class-action lawsuit
Over the last few decades, several people have come forward to complain about the mesh complications they encountered. Leading mesh manufacturers are currently involved in legal disputes over selling defective hernia mesh devices.
But in order for the decision to be made in the plaintiffs’ favor, it needs to be proved that the mesh device was defective and that the injuries/complications faced by the plaintiffs were caused by the same defective design.
Compensation for the following damages can be claimed when it comes to a hernia mesh lawsuit:
- Medical Bills & Lost Wages
- Pain & Suffering (Emotional and/or Physical)
- Money Spent on Additional Surgeries to Treat the Injuries/Complications Stemming from a Failed Mesh Procedure.
The role of a hernia mesh lawyer
As discussed above, people suffering from injuries and complications due to receiving a faulty mesh implant might band together to sue the mesh manufacturer or the surgeon who indulged in medical malpractice. The purpose behind this lawsuit would be to claim compensation for the damages caused to the plaintiffs.
Therefore, it is essential for the plaintiffs to be represented by an experienced attorney with a proven track record. Choosing the ideal attorney from the pool of hernia mesh lawyers might take you some time but their knowledge and experience in this subject will be worth it.
An ideal hernia mesh lawyer will discuss your symptoms with you, determine whether you are in a position to take the matter to court, figure out your chances of succeeding, and eventually, help you receive fair compensation.
An ideal mesh attorney will also be easily approachable to assist you with any queries or concerns you might have regarding your case.
