Justice for Hernia Mesh Victims
Standing Up for Your Right to Compensation
Hernia repair is one of the most common surgeries performed in the country each year, but defective mesh failures can result in painful infections, adhesions, organ damage, bowel erosion, and recurrence. It has been recorded that more than 80% of hernia repair surgeries use mesh products. The mesh utilized in these surgeries is sought to be durable enough to prevent a recurrence, efficiently incorporate into the body, flexible, resist infection, and maintain or restore natural functions of the abdominal wall and respiratory movements. Not all meshes produced by companies have achieved these goals, though, and have even caused various defects.
Hernia mesh failure can cause the following symptoms, complications, and more:
- Chronic pain
- Adhesion between visceral side of mesh and adjacent organs
- Intestinal obstruction
- Hernia recurrence
Seeking Justice After a Hernia Mesh Failure
Victims of any or all of the side effects of hernia mesh failure can seek justice through various legal channels. One option is they can take the company liable for the defective mesh to trial. At trial the plaintiffs will have to present a case showing the product itself was defective and the company is liable for the injury caused to the victim. They must show the company knew of the product’s potential defects and failed to adequately warn doctors and hospitals using these products about the risks associated with them.
Thankfully, victims and patients do not have to fight this battle alone; they can also seek justice through consolidation. Consolidation is the combining of two or more actions involving the same parties or issues. This allows for multidistrict litigation, which means multiple cases are brought under one judge. When successful, this process can be highly efficient because multiple cases are tried at once. However, they must involve the same parties or issues in order to be consolidated.
Mediation Offers a Solution for Many Hernia Mesh Claims
Not all of hernia mesh cases have to go to trial, though. The law firm of Rheingold Giuffra Ruffo & Plotkin LLP takes a broad approach to claim resolution to best suit each client’s unique needs. This can be achieved through mediation, for example, during which a neutral third-party can help both the plaintiff and the defendant reach a settlement amount.
It is up to the plaintiff to accept or deny the proposed amount. If the plaintiff decides to accept the amount, the case is closed, leaving out a great deal of time and trial expenses. If the plaintiff denies the proposed amount, then the case will move forward to trial. Keep in mind that settlement amounts will vary on a case-to-case basis, as every individual case is different.
Do you need legal guidance and representation after being hurt by a defective hernia mesh device? Call (888) 260-0473 to connect with our attorneys right away. We may be able to help you reach a fair resolution quickly with mediation.