How Long Does a California Hernia Mesh Lawsuit Take? A Step-By-Step Timeline

If you are suffering from complications after a hernia repair surgery, the decision to pursue a lawsuit is a major one. Beyond the physical and emotional toll, you are likely wondering about the practical aspects of a legal claim. One of the most common questions we hear at Walch Law is: “How long will this take?” While every case is unique, understanding the typical timeline can help you prepare for the journey ahead.

Hernia mesh lawsuits are a marathon, not a sprint. They involve complex medical evidence, powerful corporate defendants, and coordinated legal proceedings across the country. The process is designed to be thorough, which takes time. If you have questions do not hesitate to get in touch with the highly experienced California hernia mesh lawyers at Walch Law now to get started. We would love to help you. 1-844-999-5342

Phase 1: Intake and Initial Investigation (1–4 Weeks)

This is where your journey begins. The first step is a free, confidential consultation with our legal team. We will listen to your story, ask questions about your surgery, your complications, and your medical treatment.

What happens: We screen your case for basic eligibility, identifying the date of your surgery, the nature of your injuries (e.g., chronic pain, infection, revision surgery), and the potential manufacturers (like Bard, Ethicon, Atrium, or Covidien).
Our goal: To determine if you have a potential claim and to identify the next steps. We will discuss whether your case would likely proceed in a federal Multi-District Litigation (MDL) or California state court. Don’t worry if you don’t know the brand of your mesh; this is a common issue we can solve.

Phase 2: Medical Records Retrieval (6–16+ Weeks)

A hernia mesh case is built on medical evidence. This phase is dedicated to gathering every relevant medical record to build the foundation of your claim.

What happens: You will sign HIPAA authorizations allowing us to request records on your behalf. We then send requests to every hospital, surgeon, and clinic where you received treatment. This includes operative reports for the implant and revision surgeries, device implant stickers (which identify the exact product), pathology reports, imaging scans, and billing records.
Why it can take time: Hospitals often use third-party copy services, and records may be stored in deep archives. This process can be slow and requires persistent follow-up, but it is absolutely critical.

Phase 3: Case Building and Expert Review (4–12+ Weeks)

Once we have your records, our legal team and medical experts begin to piece together the story of your case.

What happens: We create a detailed chronology of your medical care, mapping your complications back to the mesh implant. Our team, often in consultation with medical experts like surgeons or biomedical engineers, reviews the evidence to confirm the product ID and strengthen the link between the defective mesh and your injuries.
Our goal: To assess the strengths of your case and determine the best legal strategy. Having had revision surgery to remove the mesh can provide powerful evidence, but it is not required to move forward.

Phase 4: Meeting All Deadlines (Ongoing)

The legal system runs on deadlines. A key part of our job is to ensure your rights are protected by filing your claim within the required timeframes.

Statute of Limitations: In California, you generally have two years to file a personal injury lawsuit. For defective medical devices, a “discovery rule” often applies, meaning the clock starts when you knew or reasonably should have known that the hernia mesh caused your injury. For wrongful death claims, the deadline is two years from the date of death.
Government Claims: In the rare event your hernia repair was at a public hospital (e.g., a county hospital), a much shorter 6-month deadline to file a formal Government Claim may apply.

Phase 5: Filing the Lawsuit (2–6 Weeks)

With a fully developed case, we officially initiate legal action by filing a formal Complaint in court.

What happens: The Complaint is a legal document that outlines who you are suing, the facts of your case, the legal theories of liability (like defective design and failure to warn), and the damages you are seeking.
Our goal: The Complaint is served on the defendant manufacturers, officially starting the litigation phase of your case. Your case may be filed directly into a federal MDL or transferred there shortly after filing.

Phase 6: The Discovery Phase (6–18+ Months)

This is often the longest phase of a lawsuit. “Discovery” is the formal process where both sides exchange information and evidence.

What happens: This involves written questions (Interrogatories), requests for documents, and depositions (sworn testimony given out of court). Our team will depose corporate employees from the mesh company, and their lawyers will likely depose you and your key treating doctors. In an MDL, much of the general discovery about the product’s design and risks is handled on a global level for all cases, which helps streamline the process.

Phase 7: Settlement Negotiations (Can Occur Anytime)

Most hernia mesh cases are resolved through a settlement rather than a trial. Negotiations can happen at any point, but they often intensify after key discovery milestones or bellwether trials (test trials in an MDL).

What happens: Manufacturers may create large “inventory” or “global” settlement programs to resolve thousands of claims at once. In other cases, we may enter into mediation with the defendants to negotiate a resolution for your individual case.
Our goal: To secure a fair settlement that compensates you for your injuries. A critical part of this phase is planning for the resolution of any liens from Medicare or private health insurers.

Phase 8: Pretrial and Trial (If No Settlement)

If a fair settlement cannot be reached, your case will be prepared for trial.

What happens: The months leading up to trial involve intense preparation, including filing motions to determine which evidence and expert testimony will be allowed. The trial itself can last from one to several weeks, involving jury selection, presentation of evidence, and witness testimony.
After the verdict: Even after a trial win, the process may not be over. Defendants can file post-trial motions or appeal the verdict, which can add more time to the process.

Phase 9: Payout and Post-Settlement Administration (8–24+ Weeks)

Once a hernia mesh settlement is reached or a verdict is finalized, the final phase involves distributing the funds.

What happens: You will sign a release form, and the settlement funds are typically paid into a trust account. Our team then works to finalize and pay any outstanding medical liens. Once all obligations are met, the net funds are distributed to you.

How You Can Help the Process

While much of the timeline is outside your control, you can help your legal team keep your case moving forward by:

Signing and returning legal documents like HIPAA releases promptly.
Providing a complete list of your doctors and medical facilities.
Keeping a journal of your symptoms and how they impact your life.
Informing your attorney about all upcoming medical appointments or surgeries.
Keeping detailed records of any out-of-pocket expenses.

Frequently Asked Questions (FAQ)

1. Do I need to have revision surgery before I can start a case?
No. While a surgery to remove the mesh is strong evidence, you can start a case if you have a medically diagnosed complication linked to the mesh, even if you have not had revision surgery yet.

2. How long does it take to find out which brand of mesh I have?
This usually happens during the medical records retrieval phase (Phase 2), which can take a few months. Your operative report should contain an implant sticker or device code that identifies the product.

3. Will joining a federal MDL slow my case down?
Not necessarily. MDLs are designed to make the process more efficient by consolidating pretrial discovery. This prevents thousands of individual courts from duplicating efforts and can often move cases toward a global settlement faster.

4. Can I get emergency funds while my case is pending?
Law firms cannot provide direct loans, but there are third-party lawsuit lending companies. This is a complex financial decision with high interest rates that should be discussed carefully with your attorney.

5. What if I moved to a different state after my surgery?
Your lawsuit is generally governed by the laws of the state where your injury occurred or where you reside. We can file and manage your case no matter where you currently live.

6. Will I get less money if I settle early?
Not necessarily. The value of your case is based on the severity of your injuries, not how long the case takes. We will only recommend a settlement when we believe it is fair and in your best interest.

7. How are attorney fees and costs handled?
We handle all hernia mesh cases on a contingency fee basis. This means you pay absolutely nothing unless and until we win your case. Our fee is a percentage of the recovery, and all costs are deducted from the settlement or verdict.

Let Us Manage the Timeline While You Focus on Healing

The legal process is long and demanding, but you do not have to go through it alone. The experienced team at Walch Law will handle every deadline, every document, and every detail of your case. Our mission is to lift the legal burden from your shoulders so you can focus on what truly matters: your health and your family.

If you are suffering from hernia mesh complications, contact us today for a free, no-obligation consultation. 1-844-999-5342