One of the most common questions asked by a client regarding their hernia mesh lawsuit is how much the average hernia mesh claim pays. It is a very fair question, and everyone should speak to their hernia mesh recall attorney about this matter. In most cases, however, the hernia mesh lawyer cannot give their client an absolute value of their case. Every case is different, and every case will have a different final value.
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The Severity Of The Injuries and complications caused by the hernia mesh
The first thing that the Court will consider when determining the settlement amount is the severity of the injuries received as a result of the defective hernia mesh malfunctioning. More serious injuries, multiple injuries, or injuries that cause disfigurement or disability will be seen as more severe and will be entitled to larger forms of compensation. Injuries that are caused by the mesh that also cause other bodily injuries will also be ranked as more severe than some other forms of injuries.
“Based on FDA’s analysis of medical device adverse event reports and of peer-reviewed, scientific literature, the most common adverse events for all surgical repair of hernias—with or without mesh—are pain, infection, hernia recurrence, scar-like tissue that sticks tissues together (adhesion), blockage of the large or small intestine (obstruction), bleeding, abnormal connection between organs, vessels, or intestines (fistula), fluid build-up at the surgical site (seroma), and a hole in neighboring tissues or organs (perforation).
The most common adverse events following hernia repair with mesh are pain, infection, hernia recurrence, adhesion, and bowel obstruction. Some other potential adverse events that can occur following hernia repair with mesh are mesh migration and mesh shrinkage (contraction).” Hernia Surgical Mesh Implants, Hernia Repair Surgery Complications, Federal Drug Administration (FDA)
The Amount Of Medical Care
Even a very minor injury from the unsafe and defective hernia mesh medical device can lead to extensive medical costs. All medical costs that were necessary to correct the injuries from the hernia mesh failure, as well as any future medical care costs will be added to the compensation. Some victims require more than one surgical mesh revision surgeries. Since every individual will have different medical needs both now and in the future, the amount of this portion of the settlement will vary greatly.
Severity Of Financial Losses
Again, this will differ greatly from person to person. If the injuries caused by the hernia mesh defect has caused you any financial losses, such as missed days at work, missed contributions to your retirement, transportation or care costs for medical visits, or similar losses, your compensation will include reimbursement. If you cannot return to work, need retraining because of the injuries, or will continue to endure financial losses due to your injury, the court will also take this into consideration.
Other Types Of Compensation
The Court may also find that you are entitled to other forms of compensation for your injuries or losses. These forms of compensation may include:
• Emotional duress / punitive damages
• Loss of enjoyment of life
• Loss of consortium
• Long term or permanent disability
• Pain and suffering
There may be special forms of compensation that apply specifically to your type of case or your state that are not included in this list.
However, it is very important to understand that these additional forms of compensation may not apply to every case. In some instances, state law may also prevent people from seeking certain forms of compensation in a personal injury case. Speak to your hernia mesh attorney about what types of compensation you are qualified to receive for your case based on state law and the facts surrounding your injury and recovery.
Your product liability defective mesh lawyers will explain to you what type of settlement may be reached on your behalf based on the facts of your case and their knowledge of similar cases that have already settled. It should be understood, however, that this is only a guess or an estimate. Your hernia mesh complications attorney cannot guarantee any specific amount or value of your case. Every case is as unique as the person who filed the lawsuit. Your attorney can only guarantee that they will work aggressively on your behalf so that you receive full and fair compensation for your injuries and losses.
- C-Qur (Lap – no FX)
- Composix EX
- 3D Max (no 3D Max Lite)
- Perfix Plug
- Kugel (criteria – confirmed ring break and revision)
“In the United States, more than 350,000 abdominal hernia repair surgeries are performed each year, according to background information in the study. Of these, 75 percent are known as primary ventral hernias (weakening of the abdominal walls, usually at the navel).” http://www.webmd.com/digestive-disorders/news/20140219/mesh-for-hernia-repair-reduces-recurrence-study-suggests#1