A Hernia Mesh is used to repair hernias. A hernia is a condition that arises when an organ or fatty tissue forces itself through a muscle opening. Usually, this happens when the organ uses pressure to exploit some weakness in a surrounding muscle or fascia.
The most apparent sign of a hernia is a bulge or swelling on the affected part. Hernia patients also complain of pain and an aching sensation where the lump is. Hernias don’t heal untreated, and most times, patients need surgery to repair them.
During surgery, many doctors use hernia meshes to help the damaged tissues heal properly. It also helps to lower the risks of recurrent hernias. However, thousands of patients are filing lawsuits against hernia mesh manufacturers, claiming that they are defective.
They’re also claiming compensation for the severe internal complications that the meshes have caused them. However, the manufacturers have come up with defenses to help them escape liability. Knowing what their likely justifications will be will prepare you better for your case.
What Are the Grounds for Filing a Hernia Mesh Lawsuit?
Hernia mesh patients usually file their lawsuits based on these reasons:
Hernia mesh patients claim that the products were inherently dangerous due to their structure and composition. As such, the meshes were never perfect for their purposes and were harmful from manufacture.
For instance, Composix Kugel hernia mesh, designed by C.R. Bard, has a memory coil ring. There are complaints that the rings were prone to shrinking and breaking, hence, causing intestinal complications in patients.
Defective manufacturing is one of the primary reasons patients file defective product lawsuits. Here, victims are claiming that the hernia meshes fall short of the blueprint.
That means that while there were no problems with the design, the manufacturers made some deviations during the production process. As such, the deviations from the initial process cause material flaw in the product.
Failure to Warn
Failure to warn falls under defective marketing. That indicates that the producers sold the products to unsuspecting consumers without warning about the risks or defects.
Are There Any Defenses to Hernia Mesh Lawsuits?
In a hernia mesh lawsuit, the defendants would usually employ fierce lawyers to limit their liabilities as much as possible. These lawyers usually come up with the following defenses for their clients:
Assumption of Risk
Assumption of risk is a legal doctrine that prevents claimants from getting relief after exposing themselves to danger. It’s one of the most common defenses in the law of tort.
In hernia mesh lawsuits, when the defendants raise this defense, they say that you chose the procedure over other options. If they can prove that you were aware of the risks involved, they can succeed in their defense.
The Statute of Limitations Has Elapsed
The Statute of Limitations stipulates the time-frame within which you can bring an action in court. It differs from state to state and usually starts counting from the date you became aware of the injury.
When it comes to lawsuits, you must be conscious of time because it flies quickly. Once the defense establishes that you filed your suit late, you may no longer be able to pursue your claims. That also means that you’d lose your compensation.
Your Negligence Caused the Injury
Sometimes, the manufacturers will claim that the hernia mesh wasn’t what caused your injury directly. They’d say that you refused to follow the recommended recovery procedures, and that led to your injuries. If they can prove such negligent conduct on your part, they may have a valid defense against you.
You Had Underlying Medical Conditions That Directly Caused the Injury
Some patients who undergo hernia mesh surgeries have underlying illnesses with the same symptoms as hernia mesh complications. If this is true for you, the manufacturers can argue that the ailment, not hernia mesh, caused your injury.
Mistakes To Avoid as a Hernia Mesh Victim
Regardless of the manufacturer’s defense’s strength, a reasonable mass tort attorney will help you get adequate compensation. However, you also have your part to play in helping your case.
As such, you should avoid these missteps that can worsen your chances of success at trial:
- Not filing ASAP
- Hiring an inexperienced lawyer
- Not gathering enough documentary medical evidence
Get Started on Your Lawsuit With a Qualified Mass Tort Lawyer
At Dalimonte Rueb Stoller, our mass tort attorneys are quite diplomatic and efficient. Our legal team comprises top-notch, seasoned lawyers who will ensure you get nothing less than you deserve in your lawsuit. We fight to win, and your case is no expectation. Contact us for a free case evaluation now!