How Much Can You Get From Hernia Mesh Lawsuit?
- Casey Hamm
- June 7, 2019
Based on settlements reached in the barrage of hernia mesh lawsuits over recent years, you can receive between $3,000 and $1 million when you settle in a hernia mesh lawsuit. Average settlements from previous lawsuits yielded $40,000-$60,000 for each plaintiff.
Figuring What Amount You Can Get From a Hernia Mesh Lawsuit
Your hernia mesh case is unique to your specific situation. A personal injury lawyer can help you determine if you qualify for a hernia mesh lawsuit and what you may be able to get from a hernia mesh lawsuit. Your settlement offer will be based on a number of factors that illustrate to what extent the defective hernia mesh used in your surgery impacted you.
Factors That Affect How Much You Can Get From a Hernia Mesh Lawsuit
Several variables come into play during this consideration, including:
- The type of hernia mesh used in your hernia mesh repair surgery
- Whether the Food and Drug Administration recalled the hernia mesh used in your hernia mesh repair surgery
- Whether the hernia mesh manufacturer had pulled the product used in your hernia mesh repair surgery
- The extent and severity of your injuries
- How your injuries have impaired your quality of life
- The economic impact you have suffered and will suffer due to physicians’ fees, surgeries, lab tests, medical devices, and medications
- The degree to which your ability to work has suffered and/or will suffer as a result of your injuries and how this consequence will affect your life
- The amount of income you have lost thus far or will lose in the future due to an inability to work
Calculating Recoverable Damages You Can Get From a Hernia Mesh Lawsuit
The amount of recoverable damages that your attorney will attach to your demand letter will represent the breadth of economic and non-economic losses you have endured as a result of your failed hernia mesh.
Although each hernia mesh lawsuit differs, some of the types of recoverable damages you can get from a hernia mesh lawsuit include:
- Medical expenses (past, future, and ongoing)
- Hospital expenses (past and future)
- Lost wages (past and future)
- Pain and suffering
- Loss of consortium
Sometimes, lawyers bring in experts in the fields of economics, medicine, vocational rehabilitation, and life-care planning to calculate and articulate outward projections for damages. These expert witnesses can strengthen your claim for compensation for your injuries, losses, and other expenses.
Estimate How Much You Get From a Hernia Mesh Lawsuit by Viewing Past Settlements
Personal injury lawsuits commonly settle before they even get to trial. Those cases that make it to trial (when insurance negotiations flounder or fail) often settle before the jury issues a verdict awarding the plaintiff.
The settlement wins from previous hernia mesh lawsuits can you give a rough idea of what you might get from your hernia mesh lawsuit. In each case summary, you will need to divide the total settlement amounts by the number of lawsuits to arrive at an idea of how much each plaintiff received.
- 2011 – $184 million to settle 2,600 lawsuits
- 2015 – $119 million to settle 3,000 lawsuits; $200 million to settle another 3,000 lawsuits
Johnson & Johnson
- 2016 – $120 million to settle 42,000 lawsuits
- 2014 – $34.5 million to settle two claims (after smuggling materials from China to manufacture their mesh devices)
- 2013 – $54.4 million to settle 7,700 lawsuits
- 2014 – $830 million to settle 20,000 lawsuits; and $400 million to settle 10,000 lawsuits
Legal Basis for Lawsuits Against Hernia Mesh Manufacturers
Thousands of hernia mesh lawsuits have been filed in recent years. Although C.R. Bard, Atrium, and Ethicon commonly appear as defendants in these lawsuits, the list of defective hernia mesh manufacturers does not end with these companies.
Plaintiffs are suing hernia mesh manufacturers based on the following legal precepts:
- The manufacturers created defective products that caused the plaintiffs’ injuries.
- The manufacturers did not warn the plaintiffs about the risks of using hernia mesh.
Problems with Hernia Mesh
Hernia mesh products have been riddled with problems stemming from defective designs and inferior materials.
Adding to the problem, many hernia mesh manufacturers did not have to comply with traditional FDA testing in order to get agency approval of their products.
FDA has issued recalls of multiple hernia meshes for various reasons, including:
- C. R. Bard – for mesh ring breaking apart, causing bowel perforations and other complications
- Ethicon Inc. – for mesh losing its laminate coating
- Atrium Medical Corporation – for improper packaging
The Importance of a Hernia Mesh Lawsuit
The importance of taking legal action against a hernia mesh manufacturer goes far beyond how much you can get from a hernia mesh lawsuit. Of course, there is also justice in these manufacturers compensating you for your injuries and other damages—these are bills you should not have to foot.
However, in addition to the potential economic rewards for pursuing legal action, your efforts can help to right an egregious wrong. The global hernia mesh market is projected to reach $5.78 billion by 2026. For companies to make such sums of money by manufacturing and distributing defective, hazardous products is wrong. Your action can help send a message that U.S. consumers will not tolerate such negligence.
If you experienced a hernia mesh failure, Zanes Law can help you get a fair settlement from a hernia mesh lawsuit. We will do everything from A to Z to see that you recover your damages. For a free consultation, call 866-499-8989.
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