California Personal Injury Lawyers Blog
How to Determine the Value of Your Hernia Mesh Claim and If You Qualify
Hernia repair is one of the most common surgeries performed in the United States. To strengthen the weakened tissue, surgeons often use a medical device known as hernia mesh. While this implant is intended to provide a permanent solution, thousands of patients have discovered that their mesh was defective, leading to debilitating pain, serious complications, and the need for additional, often complex, revision surgeries.
If you are one of the many people suffering after a hernia mesh implant, you may feel overwhelmed and unsure of your options. You are likely facing significant medical bills, time away from work, and a diminished quality of life. The good news is that you have legal rights.
At Walch Law, we have been closely following the ongoing hernia mesh litigation and have seen the devastating impact these defective devices have on patients. Many victims wonder what their claim might be worth and whether they even qualify to file a lawsuit.
Understanding Hernia Mesh Injuries and Lawsuits
Hernia mesh lawsuits allege that manufacturers designed, marketed, and sold a defective product without adequately warning doctors and patients of the severe risks. Many of these products were made from materials that can shrink, migrate, or erode inside the body, causing a host of painful complications.
Common injuries associated with defective hernia mesh include:
- Chronic, severe pain at the site of the implant.
- Infection, which can be difficult to treat and may become systemic.
- Mesh migration, where the implant moves from its original location.
- Adhesion, where the mesh fuses to internal organs or tissues.
- Bowel obstruction or perforation, a life-threatening emergency.
- Hernia recurrence, when the mesh fails and the hernia returns.
These complications almost always require one or more revision surgeries to remove the defective mesh and repair the damage it has caused. The lawsuits aim to hold manufacturers like Ethicon (a subsidiary of Johnson & Johnson), Atrium, and C.R. Bard accountable for the harm their products have inflicted.
Factors That Influence the Value of Your Hernia Mesh Claim
One of the first questions clients ask is, “How much is my case worth?” There is no simple answer, as every case is unique. The value of your claim is not determined by a set formula but is based on the specific damages you have suffered. The most significant factors that influence a settlement or verdict amount include the following:
1. Medical Expenses (Past and Future)
This is the cornerstone of any personal injury claim. You can seek compensation for all medical costs related to your defective mesh, including:
- The initial hernia repair surgery.
- Hospital stays and emergency room visits for complications.
- Revision surgeries to remove or replace the mesh.
- Prescription medications for pain and infection.
- Ongoing physical therapy and rehabilitation.
Crucially, this also includes the projected cost of any future medical care you will need. If your injuries are permanent, an expert can help calculate the cost of lifelong treatment.
2. Lost Wages and Loss of Earning Capacity
If your injuries forced you to miss work, you can recover the income you lost during your recovery. More significantly, if your complications have left you with a permanent disability that prevents you from returning to your previous job or working at all, you can claim damages for “loss of future earning capacity.” This can be a substantial part of your compensation, especially for younger individuals.
3. Pain and Suffering
This category, known as “non-economic damages,” compensates you for the physical pain and emotional distress you have endured. While there is no price tag for suffering, this is a critical component of your claim. Factors that influence this amount include:
- The severity and duration of your pain.
- The number of surgeries you have had to endure.
- The impact of your injuries on your daily life.
- The emotional trauma, anxiety, and depression caused by your condition.
4. Loss of Consortium
In some cases, the uninjured spouse of a victim can file a “loss of consortium” claim. This compensates them for the loss of companionship, support, and intimacy that resulted from their partner’s injuries.
Do You Qualify to File a Hernia Mesh Lawsuit?
While every case is different, there are general criteria that can help determine if you may be eligible to file a claim.
Type of Mesh and Manufacturer
The majority of lawsuits are consolidated against a few key manufacturers whose products have been linked to high failure rates. These include, but are not limited to, products like Ethicon’s Physiomesh and Atrium’s C-Qur mesh. Knowing the specific type of mesh you received is helpful, but even if you don’t know, an attorney can help you obtain your medical records to identify it.
Nature of Your Injury
You must have suffered a significant injury directly caused by the defective mesh. The complications listed earlier—such as chronic pain, infection, adhesion, migration, and the need for revision surgery—are all qualifying injuries. Simply having a mesh implant is not enough; you must prove it caused you harm.
Timing is Critical: The Statute of Limitations
Every state has a “statute of limitations,” which is a strict deadline for filing a lawsuit. In California, the statute of limitations for a product liability claim is generally two years from the date you discovered, or reasonably should have discovered, your injury. This “discovery rule” is important in hernia mesh cases, as complications can arise years after the initial surgery. If you wait too long after realizing your mesh is causing problems, you could lose your right to sue forever.
Why You Need an Experienced Hernia Mesh Attorney
Hernia mesh lawsuits are not simple personal injury cases. They are complex product liability actions against multi-billion dollar medical device companies. These corporations have teams of high-powered lawyers dedicated to defending their products and denying claims. Taking them on alone is virtually impossible.
An experienced hernia mesh lawyer is essential for several reasons:
- They have the resources to investigate. This includes obtaining all your medical records, identifying the specific mesh product, and hiring medical experts to testify about how the device failed and caused your injuries.
- They understand the science. A skilled attorney can effectively argue the complex medical and scientific issues related to polymer degradation, biomechanics, and surgical complications.
- They can navigate complex litigation. Most hernia mesh cases are part of a Multi-District Litigation (MDL), which consolidates thousands of similar cases before one judge. An experienced firm knows how to manage a case within this complex federal system.
- They will maximize your compensation. Your attorney will ensure that every past, present, and future loss is accounted for, fighting for a settlement that truly reflects the full extent of your damages.
Contact Walch Law for a Free Case Evaluation
If you have suffered due to a defective hernia mesh implant, you should not have to carry the financial and emotional burden alone. You have the right to hold the manufacturer accountable and seek the compensation you need to rebuild your life.
At Walch Law, we are dedicated to fighting for victims of defective medical devices. We have the experience, resources, and determination to take on even the largest corporations. Contact us today for a free, confidential, and no-obligation consultation. We will listen to your story, review your medical history, and advise you on your legal options. You pay nothing unless we win your case.