How Long Will It Take to Settle Hernia Mesh Cases?
The product liability lawyers at Saiontz & Kirk, P.A. pursue claims for individuals nationwide who suffered severe and painful injuries due to defective hernia repair mesh, and settlements have been reached in a number of prior litigations that our law firm was involved in.
At this time, we are pursuing hernia mesh settlements for problems caused by a new group of products, including the Atrium C-Qur Mesh, Ethicon Physiomesh and others. However, these cases remain in the early stages of litigation, and it will likely be several years before the manufacturers are willing to discuss settling cases.
Based on our investigation and evaluation so far, due to the unreasonably dangerous and defective design of the hernia mesh, settlements are likely to be paid for individuals who have required revision surgery due to:
- Severe Pain
- Adhesions or Perforations
- Allergic Reactions or Infections
- Recurrent Hernias
- Other Complications
Since most individuals are unaware of the specific product implanted in their body, free consultations and claim evaluations are provided to help individuals determine if they may be eligible to pursue settlement of a hernia mesh case.
Factors Considered in Settling Hernia Mesh Injury Lawsuits
Throughout the handling of Atrium C-Qur mesh cases and Ethicon Physiomesh cases, our lawyers will prepare claims for eventual settlement negotiations. Although a large number of individuals are pursuing claims for similar injuries caused by these products, the cases will not be handled as a hernia mesh class action lawsuit, and any settlement will be based on the individual circumstances involved in the case.
Throughout the litigation process, additional information will be discovered about the design, manufacture and sale of the hernia mesh products, including internal company documents and other discovery. As the cases proceed through the court system, it will have a substantial impact on hernia mesh settlement negotiations that may ultimately occur with the manufacturers.
Any discussions about Atrium C-Qur settlement or Ethicon Physiomesh settlements will ultimately be based on the likelihood for success in each individual case, as well as an evaluation of what a jury is likely to award if that claim went to trial.
At trial, a jury would weigh several factors in determining the amount of any hernia mesh settlement, including:
- The extent and duration of the hernia mesh complications, including the medical care or treatment required as a result of the injury.
- The amount of any lost wages, medical expenses or other economic damages.
- The effect that the injury from the hernia mesh had on the overall physical and mental health or well-being of the plaintiff.
- The pain and mental anguish suffered in the past and which will likely be suffered in the future.
- Any long-term injuries that may affect the plaintiff’s future health or enjoyment of life.
Find Out If You May Qualify for a Settlement
As a growing number of lawsuits continue to be filed in courts nationwide, it will likely be several years before the first bellwether trials go before a jury.
As the first trial dates get closer, pressure will increase on the manufacturers to settle cases to avoid the potential for substantially higher awards in courts nationwide. Plaintiffs will also have an incentive to discuss settlement, to avoid the lengthy litigation process and inherent uncertainty associated with a jury trial.
Time still remains for individuals to join the litigation and pursue a hernia mesh case for themselves or a loved one. It is not necessary to know what type of hernia repair product was implanted, as our lawyers can help!
To review a claim for your self or a family member, contact Saiontz & Kirk, P.A. today.