First, we need to know what we are talking about when we’re talking about a Hernia Mesh Lawsuit in Los Angeles. Individuals who sustained severe injuries when their mesh implants failed can pursue a hernia mesh lawsuit against surgical hernia mesh companies and manufacturers. These are known as Hernia mesh lawsuits.
C.R. Bard paid $184 million in 2011 to settle over 3,000 hernia mesh lawsuits, making it the highest hernia mesh litigation compensation in the history of Hernia mesh lawsuits to date. Plaintiffs in hernia mesh cases say that mesh manufactured by corporations failed, resulting in serious damages that necessitated corrective surgery. Customers sue companies for damages such as lost pay, medical expenditures, diminished quality of life, and misery and suffering caused.
Basis of Filing Hernia Mesh Lawsuit in Los Angeles:
When a person is filing a lawsuit against a surgical company for hernia mesh product failure there are mainly 3 major claims that he/she can make like for every other product. These three are:
This means that the product received by the customer is negatively different from the rest made by that company. This is the most popular and usual claim among the three. In this case, the following things need to be considered:
- Product was sold like others; no difference
- There was a defect in material while manufacturing
- Proper and advised use by the user
- The injury and damage was caused by the product
This means that the manufacturing of the product was right and accordingly but there was some defect in the design that caused the problem. Defective design means that all products made by that design will be defective irrespective of their manufacturing process. In this case, the following things need to be considered:
- Product was sold like others of its kind
- There was a defect in the design of the product
- Proper use by the consumer
- An injury or damage was caused
This means that false or incorrect or incomplete information was given to the consumers that lead to the problem and if the consumer had known that information he/she wouldn’t be in this situation. The company doesn’t give proper warnings regarding dangers and risks; gives the wrong direction of use to the health care providers; gives wrong info and pitches the product falsely. In this case, the following things need to be considered:
- Product was sold like the rest
- The product was dangerous but insufficient info was given regarding risks and dangers
- No warnings were given
- The injury and damage was caused by the lack of awareness regarding the dangers of the product
Injuries to File a Claim For:
Following is the list of injuries and complications after hernia mesh implant surgery that if you suffer from, make you eligible for the claim and compensation in a Hernia Mesh Lawsuit:
- Bowel Obstruction
- Mesh Failure
- Perforation of Organs or Tissues
- Hernia Recurrence
- Revision Surgery
- Delayed or Long-Term Complications
- Groin or Testicular Pain
Who to File the Lawsuit Against?
Another important consideration is knowing who you have to file a lawsuit against. This is very important as this will help in ensuring that you get the compensation you deserve for your Hernia Mesh Lawsuit in Los Angeles. We’d highly recommend that you have an experienced lawyer, like ours, by your side to help you in all this. Some of the potential parties that you can file a lawsuit against are:
- Product testing laboratory
- The representative who sold the product
- Product recommending doctor
- Surgery performing hospital
The cases, claims, and lawsuits against medical device manufacturers are challenging. Medical device companies have skilled and experienced legal teams on their side.
One cannot simply file a lawsuit against a company just because they suffered injury and damage as a result of using their product. You must show the device was defective in its manufacturing or design or that it was marketed in a way that did not clearly present the risks of using the product.
Constructing your Hernia Mesh Lawsuit in Los Angeles in such a manner is not easy and you will need a strong legal team or professional on your side. Our attorneys have vast experience in hernia mesh cases and will help you get the compensation you deserve. We offer a free consultation for hernia mesh cases so get in touch right away.