Patients who suffered a hernia mesh complication may have legal rights to compensation by filing a lawsuit against the medical device company. Hernia mesh lawsuits often result in a financial settlement, especially after a large verdict is obtained in a similar case.
In December 2017, a New Jersey jury awarded $15 million in a surgical mesh lawsuit against Ethicon. The award included $10 million in punitive damages and $1 million for the plaintiff’s spouse.
In September 2017, a Pennsylvania jury awarded nearly $60 million in a surgical, pelvic mesh lawsuit in Philadelphia. The case was filed against Ethicon and Johnson & Johnson. Of the $60 million, the vast majority, $50 million, was awarded for punitive damages.
Also in 2017, a Philadelphia jury awarded $20 million to a woman in a vaginal mesh lawsuit; $2.5 million in compensatory damages and the remaining amount, $17.5 million was for punitive damages.
Previously in Philadelphia, there were two similar verdicts in surgical mesh cases; one in 2015 for $12.5 million and one in 2016 for $13.5 million. After these types of awards, surgical mesh companies usually offer to settle similar cases. Call us for a free consultation at 800.229.7704.
As of 2018, thousands of lawsuits are pending due to various complications patients have experienced from hernia mesh surgeries. Read more about hernia mesh complications and problems. These lawsuits are product liability lawsuits and based on the principle that a product manufacturer can be held liable when a product causes injuries due to a manufacturing defect, a design defect or insufficient warnings (failure to warn).
Hernia mesh lawsuits may be filed individually or may be part of a class action. In general, class action lawsuits for hernia mesh are appropriate where a group of plaintiffs have similar lawsuits based on the same legal issues or claims. Hernia mesh class actions may or may not be appropriate, because there are multiple hernia mesh manufacturers currently being sued and because the legal claims and damages vary from patient to patient. It is crucial to speak to a hernia mesh injury lawyer to determine whether an individual lawsuit or class action is the right decision for a specific hernia mesh lawsuit.
Patients who’ve suffered a hernia mesh complication or injury may be able to obtain compensation for both economic losses as well as non-economic losses. The economic loss claims in a hernia mesh lawsuit typically include:
Non-economic loss claims are generally limited to pain and suffering damages, the mental or emotional anguish caused by the hernia mesh complication. Compensation claims for pain and suffering include the physical pain caused by the often complex surgical procedures that follow a serious hernia mesh complication.
The more serious the complication, the greater the pain and suffering. For example, a patient who had to have a portion of infected bowel removed due to faulty hernia mesh would have greater pain and suffering than a patient who had a fairly simple revision hernia surgery. Likewise, a patient who developed chronic, debilitating pain would have far greater pain and suffering than a patient who developed an abscess that healed within a few weeks.
In hernia mesh lawsuits, claims may be made for both past and future expenses and damages, such as future medical bills and future wage loss. It’s not uncommon in serious complication cases for a hernia mesh patient to have substantial future expenses and damages. A patient who needs future surgeries or medical treatment will undoubtedly incur medical expenses. Projections of those costs may be included in the claim for financial compensation.
In addition, claims may be made for future pain and suffering. A patient who has developed permanent and serious chronic pain as a result of faulty hernia mesh would be able to make a compensation claim for future pain and suffering.
In many cases, the spouse of a hernia mesh patient who suffered a complication may be able to file a derivative claim known as a loss of consortium claim. This type of claim is based on the injury to the spouse which creates a ripple effect that harms the marital relationship. The uninjured spouse may have a claim for the damage to the marriage, including companionship, comfort, etc. For example, a hernia mesh patient who suffers chronic pain also suffers from major depression that affects his role in the marriage, and he is unable to resume a physical relationship with his wife. The wife may file a loss of consortium claim for the harm caused to the marriage by the hernia mesh injury.
If you or a loved one suffered a serious complication due to faulty hernia mesh, contact our firm to discuss your legal rights to compensation.
Our attorneys have spent their entire careers helping those injured due to vaccine, medical or drug injuries. Contact the hernia mesh injury lawyers at My Vaccine Lawyer to set up your free consultation and find out how we can help.