What Is Loss of Consortium in a Hernia Mesh Lawsuit?

When a defective hernia mesh device fails, it doesn’t just harm one person. The chronic pain, repeated surgeries, and emotional distress ripple outward, impacting the entire family. The person who was once your active, loving partner may now be unable to work, help around the house, or even share the simple joys of life. This profound change can strain even the strongest marriages.

While a hernia mesh lawsuit rightfully focuses on the direct harm to the injured person, California law recognizes that the spouse suffers a unique and significant loss as well. This is known as a loss of consortium claim. It is a way for the uninjured spouse to receive compensation for the damage done to their marital relationship.

At Walch Law, we understand that the consequences of a defective medical device go far beyond physical pain. We help families fight not only for the injured victim’s rights but also for the spouse whose life has been turned upside down. Call now for an obligation-free consultation with the winning Los Angeles hernia mesh lawyers at Walch Law today.

What Exactly Is Loss of Consortium?

Loss of consortium is a legal claim filed by the spouse of an injured person. It seeks compensation for the loss of the normal benefits of a marital relationship due to the defendant’s negligence. In simple terms, it acknowledges that when a person is severely injured, their spouse also loses something invaluable: the companionship, support, and intimacy they once shared.

This is not just about sex. While the loss of physical intimacy is a component, the claim covers a much broader spectrum of the marital partnership.

Examples of Losses Claimed in a Consortium Case

Loss of Companionship: Your partner may be in too much pain to join you for walks, social events, or vacations.
Loss of Affection and Intimacy: Chronic pain and depression from hernia mesh complications can severely impact a couple’s ability to be physically and emotionally close.
Loss of Household Services: The injured spouse may no longer be able to contribute to chores, childcare, home maintenance, or financial support, placing a heavy burden on the other partner.
Loss of Care and Comfort: The dynamic of the relationship can shift from a partnership to one of a caregiver and patient. The uninjured spouse loses the comfort and support they once received from their partner.

A loss of consortium claim essentially argues that the defective hernia mesh didn’t just injure your spouse; it damaged the very foundation of your marriage.

How Hernia Mesh Complications Devastate Relationships

The injuries caused by defective hernia mesh are particularly disruptive to a person’s quality of life and, by extension, their marriage. The chronic, often debilitating, nature of these complications can lead to profound changes in a relationship.

Consider these common scenarios:

Chronic Pelvic or Groin Pain: Severe pain makes physical intimacy difficult or impossible. It can also lead to irritability and depression, creating emotional distance.
Bowel Obstruction or Perforation: These are life-threatening emergencies that cause immense trauma. The fear of recurrence and the physical aftermath can lead to anxiety and a loss of spontaneity in life.
Multiple Revision Surgeries: Each surgery requires a long and painful recovery period. The uninjured spouse must often take on the role of a full-time nurse, juggling work, family, and caregiving duties. This can lead to exhaustion, resentment, and financial strain.
Inability to Work: If the injured partner was a primary breadwinner, the financial stress can place enormous pressure on the marriage.

These are not minor inconveniences. They fundamentally alter the lives of both partners. A loss of consortium claim is designed to provide financial recognition for this profound and unfair disruption.

How Is Loss of Consortium Calculated?

Unlike medical bills or lost wages, there is no simple formula to put a price tag on the loss of a loving relationship. Calculating these damages is a complex process that relies on telling a compelling human story. The value of the claim depends on several factors:

The Strength of the Marriage: The court will consider the stability and quality of the relationship before the injury.
The Life Expectancy of Both Spouses: A younger couple with a longer life expectancy together may receive a higher award.
The Severity of the Injury: The more profound the impact on the injured spouse’s daily life, the greater the loss experienced by the uninjured spouse.
The Level of Disruption: A jury will listen to testimony about how the relationship has changed. Did you go from being active partners who traveled and enjoyed hobbies together to a life confined to doctor’s appointments?

Because these damages are subjective, the skill of your attorney is paramount. An experienced lawyer knows how to sensitively and effectively demonstrate the true depth of your loss to a judge and jury, ensuring you are compensated fairly.

Why Including This Claim Is Crucial for Your Family

When you file a hernia mesh lawsuit, the primary claim belongs to the injured person. The loss of consortium claim is a separate but related action filed by the spouse. It is critical to include it for several reasons.

It Maximizes Total Compensation: A loss of consortium claim can significantly increase the total financial recovery for your family. This additional compensation can be vital for covering household expenses, childcare, or therapy needed to cope with the changes in your lives.
It Acknowledges the Spouse’s Suffering: This claim validates the spouse’s own trauma and sacrifice. It recognizes that they are a victim, too, and deserve to be compensated for their own unique losses.
It Paints a Fuller Picture of Harm: By including the spouse’s story, you provide the court with a more complete understanding of the total devastation caused by the defective product. This can strengthen the overall case against the manufacturer.

Contact Walch Law for a Free Consultation

If your spouse’s hernia mesh complications have taken a toll on your marriage and family, you do not have to suffer in silence. Your loss is real, and it is legally compensable. However, these are sensitive and complex claims that require an experienced and compassionate legal team.

At Walch Law, we know that your family’s well-being is on the line. We fight to ensure that both the injured victim and their spouse receive the full and fair compensation they are entitled to. We will handle the legal battle with the sensitivity and strength it deserves, allowing you to focus on supporting each other.

Contact Walch Law today for a free, confidential consultation. We will listen to your story, explain your legal rights, and help you understand how a loss of consortium claim can secure your family’s future. We work on a contingency fee basis, which means you pay absolutely nothing unless we win your case.