Suffering from a hernia is bad enough without the additional pain and complications of a defective hernia mesh implant. If you’ve experienced any of the following symptoms as the direct result of faulty synthetic hernia mesh, you could be eligible for compensation:
- Chronic abdominal pain
- Allergic reactions
- Sexual dysfunction
- Organ perforation
Negligent hernia mesh companies deserve to be held accountable for their actions. Shook & Stone is a group of experienced mass torts attorneys specializing in personal injury, and we’re out to prove the negligence of corporations and achieve a fair financial settlement on your behalf.
Find out if you have a case and how a lawyer from Shook & Stone could help you join an ongoing Las Vegas hernia mesh lawsuit.
What Is a Hernia Mesh Lawsuit?
Hernia mesh lawsuits aim to prove that the mesh implant was designed with defects and that the manufacturer did not provide proper warning of the risks and side effects of those defects. These kinds of lawsuits are taken up against the manufacturer of the defective medical device, usually by the patient who was harmed by the product.
Today, there are thousands upon thousands of lawsuits regarding hernia mesh implants — many of which are still being sold and used. If you’ve had a hernia mesh implant since 1999 and experienced negative side effects that required repeat surgery or other treatments, you could pursue damages for your suffering and medical bills. Manufacturers that are currently in the midst of lawsuits include:
- Atrium Medical
- C.R. Bard
The damages you can claim under a hernia mesh lawsuit in Las Vegas include both economic and non-economic damages. Economic damages, which are expenses associated with medical bills and an inability to work, have an exact dollar amount attached to them, so they’re easy to pursue. Non-economic damages encompass all the pain, suffering, loss of enjoyment, and complications attached to your hernia mesh injury. These are hard to monetize, so it’s important to enlist the help of an experienced hernia mesh attorney who can maximize your settlement.
Grounds for Filing a Hernia Mesh Lawsuit
You’ll have a good chance of succeeding in pursuit of compensation if you base your lawsuit on any of the following grounds:
Hernia mesh implants are sometimes constructed poorly, which can mean that even if the design is perfectly safe, the fragile materials can render it dangerous. In order to sue on the basis of manufacturing defects, you’d need to be able to prove that the mesh product was defective before it was shipped and that the defects contributed to your injury. You would also need evidence, such as video surveillance or testimonies from those who constructed the medical devices.
No matter how well a defectively designed hernia mesh product is labeled or manufactured, it’s still dangerous. In some cases, the manufacturer is unaware of the design flaws, but some manufacturers try to hide the defects — in which case, they are liable for the harm caused. You must prove, in these cases, that the design flaws pose a risk and that the mesh was manufactured and used as intended. Plaintiffs should also bring expert witnesses to strengthen their cases, such as expert testimony about the design defects.
Failure to warn
Hernia mesh manufacturers are required to warn patients and their doctors about the risks of their products and provide suggestions for avoiding those risks. But sometimes, the manufacturer sells its products without putting adequate warnings on the label — warnings that may have deterred patients from using the product in the first place. As the plaintiff, you would need to show that important warnings were left off the label and ask a doctor to explain that this misinformation led to a misguided decision.
Hernia mesh implants are fairly simplistic operations, but even the best surgeons are still human and sometimes make mistakes. When it comes to your health, however, there’s no room for error. You deserve the very best care when you put your trust in a doctor, and when they fail to implant hernia mesh correctly, we’ll help you demand justice from the healthcare provider under medical malpractice.
Should I File a Class Action or Mass Tort Lawsuit?
It’s said that there is safety in numbers, which is why it may be in your best interest to pursue a mass tort lawsuit. You’ll have a higher chance of success if you team up with other victims to sue the same defendant. Mass tort hernia mesh lawsuits in Las Vegas tend to be lumped into multi-jurisdictional litigation, which is the combination of lots of different cases to be tried in one court. For you, this means the process is faster, less confusing, and more cost-effective.
Statute of Limitations for a Hernia Mesh Lawsuit
Almost all states have a one- to three-year statute of limitations for hernia mesh victims, which means that you should act as quickly as possible if you’re suffering from a defective implant. If you wait too long to file a lawsuit, your claim will be rendered baseless. So don’t wait — contact a Las Vegas hernia mesh attorney as soon as possible to make your case as strong as possible.
How Can a Las Vegas Hernia Mesh Attorney Help Me?
If you’ve been seriously wounded by a medical device that was supposed to help you, you probably feel betrayed, confused, and overwhelmed. That’s why you need a well-practiced attorney to help you navigate your difficult circumstances and seek the monetary compensation you need to heal through a Las Vegas hernia mesh lawsuit.
Our team will shoulder some of your burdens and simplify the legal process so you can focus on yourself. Leave it to us to gather evidence and build a claim against the manufacturer of your mesh implant and to litigate against corporate giants you couldn’t take on alone. Call us today for a consultation and start living the life you deserve.