Below you will find answers to several frequently asked questions concerning defective hernia mesh and hernia mesh lawsuits. You have questions about mesh and we have answers. This post is the first of a three part series answering important questions about hernia mesh. Many hernia mesh victims have one simple question they need answered before they seek justice as a result of the defective mesh implanted in their body. This question manifests itself on google as a simple inquiry: “Know before you file hernia mesh lawsuit.” It is impossible to underestimate the importance of a victim learning what he or she needs to know before filing a surgical mesh lawsuit.
How do I find out what type of hernia mesh device was surgically implanted into my body?
You need to contact your surgeon and inquire as to which hernia mesh medical device was utilized by the surgeon in your surgical mesh surgery. Avid readers of this defective medical device blog will know there is a huge difference concerning liability, venue and logistics for Physiomesh hernia mesh compared to Bard Davol surgical mesh. You can also request your medical records from the hospital medical records department where the hernia mesh surgery occurred. Send a medical authorization to disclose protected health information (release of medical records) pursuant to HIPAA privacy regulations. (Health Insurance Portability and Accountability Act of 1996)
It is crucial that you find out what hernia mesh medical device surgeons implanted in your body during your hernia mesh surgery. If you want to pursue a lawsuit and obtain a settlement or judgment as a result of defective and unsafe hernia mesh, it is imperative that you conclusively determine what type of mesh was used. This will also allow you to determine whether there was a recall or market removal of the hernia mesh medical device that your surgeon implanted.
How do I file a hernia mesh lawsuit seeking compensation for my hernia mesh complications?
You can also contact one of the best hernia mesh attorneys in the United States. That hernia mesh lawyer will obtain your medical records for you. The attorney will decide whether you have a valid mesh claim and whether he or she will represent you. Of course, you will need to sign a HIPAA release allowing your attorneys to obtain you medical records. Your hernia mesh product liability counselor will pursue a hernia mesh lawsuit in Federal Court on your behalf.
Is there an average settlement for mesh claims?
There is no such thing as an average settlement amount that a victim will receive. If your hernia mesh individual lawsuit settles, the amount of settlement will likely be dependent on several factors including:
- The severity of your complications
- Whether additional revision surgeries were required
- your pain and suffering
- your medical bills
- the skill and aggressiveness of your hernia mesh product liability lawyers.
If you were selling your house, you would not look at average home values across the country, you would look at average sales prices for houses in your town with similar qualities. Similarly, a mesh victim needs to analyze mesh settlements for other victims with the same type of mesh, similar complications, surgeries and medical bills.This is the reason that the query about average mesh settlements is so absurd. The better question is what is the average mesh settlement for Ventralex mesh victims or what is the average surgical mesh settlement for Perfix plug by Bard / Davol victims.
What do I need to know before I file a hernia mesh lawsuit?
You need to contact a hernia mesh litigation lawyer and determine whether that law firm is litigating claims for the type of hernia mesh implanted in your body. Typically, the hernia mesh lawyer will request your medical records to determine exactly what product was implanted. The law firm will send you a questionnaire package for you to fill out. You need to fill out that form as soon as possible and return it to the law firm. The hernia mesh lawyers will ask you to sign a retainer agreement. Never underestimate that simple fundamental question: “What do I need to know before I file a hernia mesh lawsuit?”
Canadian hernia mesh victims may be eligible to file individual hernia mesh lawsuits in the United States Federal Courts. Canadian victims should contact a hernia mesh lawyer in the United States. What are the symptoms, complications and pain and suffering resulting from defective hernia mesh?
“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).” US Food and Drug Administration, U.S. Department of Health and Human Services, Federal Drug Administration (FDA)
“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).” Id.
“Many complications related to hernia repair with surgical mesh that have been reported to the FDA have been associated with recalled mesh products that are no longer on the market. Pain, infection, recurrence, adhesion, obstruction, and perforation are the most common complications associated with recalled mesh. In the FDA’s analysis of medical adverse event reports to the FDA, recalled mesh products were the main cause of bowel perforation and obstruction complications.” Id.
What types of cases are we reviewing on behalf of hernia mesh victims?
- Ethicon: Physiomesh™
- Covidien: (Formerly Tyco) : Parietex
- Atrium: C-Qur (Lap – no FX)
- Bard/ Davol
- Composix EX
- 3D Max (no 3D Max Lite)
- Perfix Plug
- Kugel (criteria – confirmed ring break and revision)
How do I find the best hernia mesh attorney who will help me be compensated for this hernia mesh nightmare? How do I find the best hernia mesh law firm to represent me?
It is crucial that your hernia mesh law firm has deep pockets to be able to go head to head against big Corporate America. You should select a firm who has many clients pursuing hernia mesh claims. It is also important that your law firm has a leadership role in at least some of the multi-district litigation pending in Federal Court. Preferably, your hernia mesh law firm would be lead counsel in at least one of the mesh multi-district litigation pending in Federal Court. Your hernia mesh firm should have many lawyers and a large support staff. Your law firm must have extensive experience in Federal Court and know how to win a complex trial against big time corporate defense lawyers. These cases are very complicated and involve a massive amount of work. You need a firm with a large staff to handle the litigation properly. Hernia mesh litigation in US Federal Court is not a place for rookies or small town lawyers.