Skilled Personal Injury Trial Lawyers Serving Seriously Injured Clients In Hernia Mesh Mass Torts Nationwide
If you have had surgery to repair a hernia, then it is highly likely that you’ve had a hernia mesh implanted — in fact, the Food & Drug Administration (FDA) estimates that more than 90 percent of all hernia repairs involve mesh device implantation.
Hernia mesh devices are designed to provide support to weakened connective tissue surrounding the hernia “problem area,” and can be made of many different materials, from organic to synthetic. Functionality can differ substantially as well, with some mesh devices designed to be absorbable and others nonabsorbable — nonabsorbable mesh implants are essentially permanent, so if they are not properly designed, they can give rise to long-term injuries and other medical conditions.
Unfortunately, in recent years, many hernia mesh devices have been recalled due to their defective design. These hernia mesh devices expose the public to a significantly heightened risk of injury and a range of adverse medical events, which include (but are not necessarily limited to) internal bleeding, infection, perforation, obstruction and more. Given the widespread nature of such injuries, many plaintiffs with mesh-related accidents have joined together to sue manufacturers in mass tort litigation.
If you’ve been injured due to hernia mesh defect, then you may be entitled to damages as compensation for your losses. Here at Salter Ferguson, LLC, our attorneys have extensive experience litigating product defect cases. Call 877-653-9655 to speak with a qualified attorney today.
How Defective Design Lawsuits Work
Defective design lawsuits do not require that the injured defendant demonstrate that the manufacturer was actually negligent in creating the product at issue. Instead, strict liability principles apply — the manufacturer can be held liable so long as the defendant can show that the product was actually defective (here, defectively designed).
Determining whether a product is “defective” may be challenging, however, as the manufacturer is very likely to have significant resources and connections in the industry. They will introduce testimony from trusted industry stalwarts that will support their arguments. For this reason, mass tort litigation can be especially beneficial in the product defect context — by increasing the scale of litigation, plaintiffs are able to pool their litigation resources, giving them a better chance against the corporate defendant.
Whether a product is defective is based on the totality of the circumstances. The court will evaluate whether the product was reasonably safe for its foreseeable uses. In the hernia mesh context, if the mesh device was implanted correctly and in a manner that was in keeping with its function, then evidence of its systemic failure would seem to indicate that the device is not reasonably safe, and is therefore defective.
Damages For Hernia Mesh Injuries
Damages can vary significantly from case-to-case but may include compensation for losses such as:
- Past and future medical expenses
- Lost wages
- Loss of future earning capacity
- Loss of enjoyment of life
- Pain and suffering
- Mental anguish
- And more
In some cases, if the manufacturer has acted with reckless disregard to the safety of others (in designing the hernia mesh), then the court may award punitive damages, which acts as a multiplier of the compensatory damages.
Salter Ferguson, LLC, Has The Experience Needed To Win Your Defective Hernia Mesh Lawsuit
Salter Ferguson, LLC, is a Birmingham-based mother-daughter legal team with over three decades of combined legal experience. We are committed to the provision of comprehensive, client-oriented legal representation, and our approach has served us well over the years — we have successfully litigated numerous cases on behalf of our injured clients.
Karen Salter has formerly served as a registered nurse and as a hospital manager. As such, we are well-equipped to evaluate your injuries, the nature of the defect and how said defect contributed to your injuries.
Contact An Experienced Personal Injury Lawyer For Further Guidance On Your Hernia Mesh Lawsuit
If you’ve suffered injuries due to a surgery in which a hernia mesh was implanted, then you may have a legitimate product defect action against the manufacturer of the hernia mesh. The FDA has recently reported many complications related to hernia repair surgeries conducted with the aid of surgical mesh, and the defective design of such mesh devices may give you the right to recover damages under state and federal law.
Call 877-653-9655 or fill out our brief online contact form today to schedule a free consultation with an experienced personal injury attorney. During your free initial consultation, we will help you understand your litigation options.