Steps to File a Winning California Hernia Mesh Lawsuit

Undergoing surgery to repair a hernia is a major medical event. Patients place their trust in the medical community and the devices used, expecting a safe and effective recovery. For millions, hernia repair surgery using a surgical mesh implant goes as planned. But for tens of thousands of others, the very device meant to heal them has led to debilitating pain, additional surgeries, and a lifetime of health complications.

Many of these complications are linked to defective hernia mesh products. These devices, made by various manufacturers, have been found to break, migrate, or cause severe internal reactions. As a result, a massive wave of product liability lawsuits has been filed against these companies.

If you are suffering after a DEFECTIVE hernia mesh implant, you may feel lost and overwhelmed. You are likely in pain and facing mounting medical bills. At Walch Law, we want you to know that you are not alone, and you have legal rights. Filing a lawsuit may be the only way to get the justice and financial support you need. This guide breaks down the essential steps to filing a hernia mesh lawsuit. CALL NOW.

Why Are Hernia Mesh Lawsuits Being Filed?

Hernia mesh is a medical implant used to provide support to damaged tissue during hernia repair. While many mesh products are safe, a significant number have been linked to design flaws. Lawsuits allege that manufacturers knew about the risks associated with their products but failed to adequately warn doctors and patients.

Common complications that lead to lawsuits include:

Adhesion: The mesh sticks to internal tissues or organs, causing severe pain and sometimes bowel obstruction.
Migration: The mesh device moves from its original placement, potentially damaging other parts of the body.
Perforation: The mesh can puncture nearby organs or tissues, such as the bowels, leading to life-threatening infections.
Chronic Pain: Severe, ongoing pain long after the surgery that interferes with daily life.
Infection: Persistent infections at the surgical site that may require removal of the mesh.
Hernia Recurrence: The mesh fails, causing the hernia to return and necessitating another surgery.

These complications often require one or more revision surgeries to remove or repair the defective mesh, leading to significant physical, emotional, and financial hardship.

A Step-by-Step Guide to Filing Your Lawsuit

Navigating a product liability claim against a multi-billion dollar medical device company is incredibly complex. Following a structured process with an experienced legal team is essential for success.

Step 1: Get a Free Case Evaluation

The first step is to determine if you have a valid claim. This begins with a free, confidential consultation with an experienced hernia mesh attorney. During this initial meeting, you should be prepared to discuss:

The date of your original hernia repair surgery.
The manufacturer and model of the mesh used (if you know it).
The specific complications and symptoms you have experienced.
Any revision surgeries you have undergone or that have been recommended.

An attorney at Walch Law will listen to your story, review the basic facts, and provide an honest assessment of whether you may be eligible to file a lawsuit.

Step 2: Determine Eligibility and Gather Evidence

If it appears you have a case, the next step is a deep dive into your medical history. This is the most critical phase for building a strong claim. Your legal team will take the lead on:

Identifying the Mesh Manufacturer: We will obtain your surgical records to identify the exact make and model of the mesh implanted. Key manufacturers involved in litigation include Atrium, Bard, Ethicon (a Johnson & Johnson company), and Covidien.
Collecting All Medical Records: We will gather every record related to your hernia repair, follow-up visits, complications, and any revision surgeries. These documents provide the official timeline of your injuries.
Connecting the Dots: We work with medical experts to establish a clear link between the specific type of mesh you received and the injuries you have suffered.

Step 3: Filing the Lawsuit

Once sufficient evidence is gathered, your attorney will draft and file a formal complaint. This legal document officially starts your lawsuit. It names the defendants (the mesh manufacturer) and outlines the key allegations, including:

Defective design of the mesh product.
Failure to warn doctors and patients of the known risks.
Negligence in the manufacturing process.

Your case will likely be filed as part of a Multi-District Litigation (MDL). An MDL is a special federal procedure used to consolidate thousands of similar cases against the same defendant. This streamlines the pre-trial process, making it more efficient and cost-effective. Your case remains individual, but discovery and key legal rulings are handled collectively.

Step 4: The Discovery Process

During discovery, both sides exchange information and evidence. Your legal team will gather more evidence from the manufacturer, including internal company documents, safety studies, and communications about the product’s risks. The defendant’s lawyers will also have the right to review your medical records and may require you to provide a deposition (sworn testimony given out of court). Your attorney will prepare you for this and be by your side throughout the process.

Step 5: Settlement Negotiations or Trial

The vast majority of hernia mesh cases are resolved through a settlement before ever reaching a courtroom. As key “bellwether” trials in the MDL proceed, they set a precedent for how juries are likely to rule. This often pressures the manufacturer to negotiate a global settlement to resolve the thousands of pending claims.

Your attorney will negotiate aggressively on your behalf to secure a fair settlement that covers all of your damages. If a fair offer is not made, your case may be prepared for an individual trial.

What Compensation Can You Recover?

The goal of a hernia mesh lawsuit is to secure financial compensation that covers all of the losses you have suffered due to the defective device. This includes:

Economic Damages

These are the tangible, out-of-pocket financial costs related to your injury.

Past and Future Medical Bills: All costs for revision surgeries, hospital stays, medication, and ongoing treatment.
Lost Wages: Income you lost from being unable to work during your recovery.
Loss of Earning Capacity: If you are left with a permanent disability that impacts your ability to earn a living.

Non-Economic Damages

These damages compensate you for the significant non-financial impact the injury has had on your quality of life.

Pain and Suffering: For the chronic pain, discomfort, and physical suffering you have endured.
Emotional Distress: For the anxiety, depression, and trauma associated with your health complications.
Loss of Consortium: In some cases, a spouse can claim damages for the loss of companionship and intimacy.

Contact Walch Law for Your Free Consultation Today

If you or a loved one has suffered due to a defective hernia mesh implant, you do not have to bear this burden alone. You have a limited time to file a claim due to statutes of limitations, so it is crucial to act quickly. Taking on a massive medical device company is impossible without a powerful legal team in your corner.

The product liability attorneys at Walch Law have the experience and resources needed to hold negligent manufacturers accountable. We are ready to guide you through every step of the legal process and fight for the maximum compensation you deserve.

Contact Walch Law today for a free, no-obligation consultation. We will review your case, answer your questions, and explain your legal options. We work on a contingency fee basis, which means you pay absolutely nothing unless we win your case. Let us fight for you.