If you’ve undergone hernia mesh surgery and are now experiencing complications, you may be feeling overwhelmed, frustrated, and unsure of your next steps. It’s natural to wonder who can be held responsible for your suffering.
Determining liability in these cases is crucial, as it can impact the type of lawsuit you may file and the timeline for seeking legal action.
Using Mesh in Hernia Repairs
Hernias are a prevalent health issue in the United States, with over a million repair surgeries conducted annually, according to the Stony Brook Comprehensive Hernia Center. Approximately 80% of these procedures are performed to address hernias in the groin area, while the remaining surgeries target other types of hernias in the abdomen.
Hernias come in various types, and surgeons employ different methods and approaches to repair them. In modern hernia repair surgeries, the use of a “mesh” product has become commonplace.
However, despite its widespread use and historical reputation, hernia mesh has been associated with a range of complications in recent years.
Some patients have reported experiencing chronic pain, infection, mesh migration, and even mesh failure following their hernia repair surgeries. These complications can lead to significant discomfort, additional surgeries, and a prolonged recovery process.
Identifying Liable Parties for Hernia Mesh Complications
When it comes to hernia mesh complications, several parties may be held liable for your suffering. These can include hernia mesh manufacturers, surgeons, medical professionals or hospitals and medical facilities.
The Manufacturer’s Liability
Manufacturers of hernia mesh products have a duty to ensure the safety and efficacy of their devices. However, in some cases, manufacturers may be aware of potential risks but fail to adequately warn patients and healthcare providers.
Establishing manufacturer liability often involves proving that:
- The manufacturer was aware of the risks associated with their product.
- They continued to market and sell the product despite this knowledge.
- There is a direct link between the mesh and the patient’s condition.
Examples of manufacturer negligence may include withholding information about defects in the mesh material or inadequate testing of the product before release.
Healthcare Provider Liability
Healthcare providers, such as surgeons and nurses, also have a responsibility to prioritize patient safety. Liability may arise in two primary scenarios:
Failure to obtain informed consent:
- Not discussing potential risks before surgery.
- Not properly informing the patient before signing consent forms.
Surgical errors and medical negligence:
- Examples include misplacement of the mesh or improper surgical techniques.
In our experience, many patients are surprised to learn that their surgeon may be held accountable for complications arising from hernia mesh surgery.
Hospitals and Medical Facilities
Hospitals and medical facilities where your surgery took place can also be held accountable if they contributed to your complications through negligence, such as failing to maintain a sterile environment or properly training their staff.
What Type of Lawsuit Can I File For Hernia Mesh Complications?
According to the U.S. Food and Drug Administration, more than a million hernia repair surgeries are performed in the United States each year. If you suffered medical complications, the specific circumstances of your case will determine your eligibility to file one or more types of lawsuits:
Product Liability Lawsuit: If the hernia mesh implant is found to be defective, you may be able to file a product liability lawsuit against the manufacturer.
These lawsuits seek to hold manufacturers accountable for designing, producing, or marketing a dangerous or defective product.
Medical Malpractice Lawsuit: If your complications are the result of negligence or substandard care provided by a medical professional, you may have grounds for a medical malpractice lawsuit.
These cases aim to hold healthcare providers responsible for failing to meet the accepted standard of care.
Proving Liability in a Hernia Mesh Lawsuit
Building a strong case against liable parties requires:
- Gathering evidence of the manufacturer’s knowledge of risks.
- Demonstrating direct causation between the mesh and the patient’s complications.
- Establishing a breach of duty of care by healthcare providers.
- Utilizing medical experts to testify on the patient’s behalf.
We’ve commonly seen that the most successful hernia mesh lawsuits involve a collaborative effort between experienced attorneys and medical professionals who can speak to the specific complications experienced by the patient.
Takeaways and Next Steps
If you believe you have a case against a hernia mesh manufacturer or healthcare provider, it’s essential to take the following steps:
- Consult with a qualified attorney specializing in hernia mesh litigation. They can help you navigate the complex legal process and determine the best course of action for your unique situation.
- Obtain a comprehensive medical evaluation of your mesh-related health issues. This documentation will be crucial in establishing the extent of your damages.
- Preserve any records and evidence related to the failed mesh implant, including medical records, bills, and correspondence with healthcare providers.
- Consider seeking legal funding to support ongoing medical expenses and legal costs associated with pursuing a hernia mesh lawsuit.
Here’s a hypothetical example to illustrate the importance of identifying liable parties:
Imagine that John undergoes hernia mesh surgery, and months later, he experiences severe pain and complications. He learns that the mesh manufacturer was aware of a defect in the product but failed to issue a recall or warn healthcare providers. Additionally, John’s surgeon did not properly inform him of the potential risks associated with the mesh before obtaining his consent for the procedure.
In this scenario, both the manufacturer and the surgeon may be held liable for John’s suffering. By working with an experienced attorney, John can build a case against these parties and seek the compensation he deserves.
It’s worth noting that the statute of limitations for filing a hernia mesh lawsuit varies by state, so it’s crucial to act quickly once you suspect that you may have a case.
In most states, the deadline for filing a product liability claim against a manufacturer is two to three years from the date of injury or discovery of the injury. For medical malpractice claims against healthcare providers, the statute of limitations may be shorter, often around one to two years.
Frequently Asked Questions
What types of compensation may be available in a successful hernia mesh lawsuit?
Compensation may include damages for medical expenses, lost wages, pain and suffering, and in some cases, punitive damages.
Can I file a lawsuit if my hernia mesh surgery occurred several years ago?
It depends on the statute of limitations in your state and when you discovered the injury. An experienced attorney can help you determine if you are still eligible to file a claim.
How long does a typical hernia mesh lawsuit take to resolve?
The timeline for a hernia mesh lawsuit can vary significantly depending on the complexity of the case and whether it is part of a larger mass tort or multidistrict litigation. Some cases may resolve within a year, while others may take several years.
How can Tribeca Lawsuit Loans assist with legal funding for hernia mesh lawsuits?
Tribeca Lawsuit Loans can provide pre-settlement funding to help cover medical expenses, legal fees, and other costs associated with pursuing a hernia mesh lawsuit. This funding is provided on a non-recourse basis, meaning that if you don’t win your case, you don’t have to pay back the loan.
To learn more, call 866-388-2288. Dealing with the aftermath of a failed hernia mesh surgery can be overwhelming, but remember that you don’t have to face this challenge alone. By understanding your legal rights and working with experienced professionals, you can hold liable parties accountable and seek the compensation you deserve for your suffering.