$4.8 Million Hernia Mesh Verdict

Hernia Mesh Verdict of $4.8 Million

$4.8 Million was awarded in a hernia mesh trial by a jury in Rhode Island. Paul Trevino of Hawaii was implanted with a Bard Davol Ventralex hernia mesh in 2018 and suffered multiple complications resulting in hernia revision surgeries. Over 16,000 hernia mesh lawsuits are pending in courts across the nation. Complications include mesh erosion, migration, perforation, bowel blockages, infections and fistulas resulting in additional surgeries to remove the mesh and damages caused.

What Is Hernia Mesh Litigation?

Hernia mesh can malfunction causing painful complications requiring surgery to remove or revise the mesh with additional treatment and medication. Complications include: Chronic Pain, Abscesses, Infections, Adhesions to the bowel; Bowel blockages, Perforation of organs and tissues, Fistulas (holes or sinus tract), Mesh erosion, Mesh rupture; Mesh shrinkage; Mesh migration; Mesh contracture; Hernia recurrence); Wound dehiscence

What Must Be Proved?

We must prove that the product was defectively designed and manufactured by Covidien, Ethicon, Bard/Davol or others, then deceptively marketed to the health care providers, which resulted in injury or death to our clients. This requires expert analysis of medical records, scientific research and epidemiologic studies, internal confidential corporate documents. Your medical records are the best evidence of your injuries and we have experience in maximizing your damages and recovery based upon your own health records

Hernia Mesh Implant Areas

• Inguinal hernia,
• Femoral hernia,
• Umbilical hernia,
• Incisional hernia,
• Epigastric hernia,
• Hiatal hernia,
• Ventral hernia

Hernia Mesh Complications

Hernia mesh causes painful complications requiring surgery to remove or revise the mesh, additional treatment and medication. Symptoms and complications include many of the following:

• • Chronic Pain,
  • Abscesses, Infections,
  • Adhesions to the bowel;
  • Bowel blockages,
  • Perforation of organs and tissues,
  • Fistulas (holes or sinus tract),
  • Erosion of the mesh,
  • Hernia recurrence,
  • Mesh migration and contracture;
  • Hernia recurrence (as a result of migration and/or contracture);
  • Mesh rupture and failure

Why Hire Us?

We win! Our law firms establish a supportive environment for our clients to recover mentally, physically and financially. Unlike some mass tort firms staffed with telemarketers that warehouse files for years, we are medical legal trial attorneys that aggressively pursue our clients’ claims, provide personalized, one-on-one attention and fight for their compensation. We treat our clients with the utmost dignity and respect that they so justly deserve.

Hernia Mesh Frequently Asked Questions (FAQs)

1. What do I have to do to begin a lawsuit?

Sign our contract and medical records authorization. In medical device litigation, we first must prove the name of the medical device implanted and the damages it has caused from your medical records. We must have this medical proof before we can file the claim and can assist in obtaining your medical records after you sign a contract and a medical authorization with our firm.

2. How much does it cost to review a case?

Nothing! Reviews by our medical legal team are FREE. We advance the costs necessary to investigate and file the claim, if the case appears to have merit.  Costs advanced are reimbursed to us at the case’s conclusion, after we make a financial settlement. If your case does not settle, we charge you nothing as a fee or expenses

3. How much money can I receive from a settlement or judgment?

Case value depends upon many factors, including, liability of the manufacturer, nature and extent of the injuries, pain and suffering, mental anguish, permanent disability, economic losses, such as, lost wages and medical bills. While figures exist based upon past results in verdicts or settlements of similar cases, no guaranteed method can predict the future.

4. What is a contingency fee?

A contingency fee is not paid until, and unless, there is a successful financial outcome of a claim. Most medical device, pharmaceutical and personal injury cases use a contingency fee contract because plaintiffs often can’t afford to pay an attorney for services rendered on an hourly basis.  If we recover nothing for a client, we receive no fee.

5. Where are your offices?

We have offices in New York, Washington, DC and our base of operations is Houston, Texas. Our medical device and pharmaceutical trial teams litigate cases from all across America; appear in all courts and jurisdictions. Our clients reside all over the United States, Puerto Rico and the world.

6. Will my case go to trial?

The vast majority of claims we file settle before trial, without court or jury. In many of our cases, the manufacturers will settle all of our claims, rather than go to trial with us. Since no one can predict whether or not a case will settle, our medical legal trial attorneys prepare all cases for trial. In many instances, hundreds to thousands of claims will be heard in the order they are filed, therefore, we suggest you begin the claims process as soon as possible.

7. What is the statute of limitations (time limit) to make a claim for injuries?

Most states have a one year, two year or three year time limit from the date of the injury to file a lawsuit, but it varies with each type of case.  If you believe that you have a claim where the statute of limitations may be running, we urge you to contact us immediately.

8. Why should I hire your firms?

We are highly skilled medical trial lawyers successfully representing thousands of people in nationwide pharmaceutical and medical device litigation and in numerous high profile civil cases for over thirty five years. With decades of success and millions in trial settlements.

9. Will I sue my doctor?

In most circumstances, we do not sue your doctor, but will sue the manufacturer. Note that most doctors are on the side of the patient and acknowledge they would never have implanted a dangerous medical device or prescribed a dangerous drug had they known of the risks and been warned of the health issues involved.

 10. Where is my lawsuit filed?

Most medical device and pharmaceutical cases follow Multi-District Litigation (MDL), which consolidates all cases filed in the U.S. into one court. An MDL is formed when a panel of U.S. Federal judges’ believe that cases with common facts and issues should be centralized into one court to further the just and efficient conduct of the litigation. This typically reduces the cost to each claimant and streamlines the claims process.

11. What is consolidation?

Consolidation allows for one judge to make consistent rulings on how the cases should proceed.  The cases exist as individual lawsuits, but one judge hears all of the evidence and makes rulings. Depending on the particular circumstances and the status of the litigation, however, some cases may not be consolidated and may be filed individually in state court.

    12.Will I have to give a deposition or go to trial?

In most circumstances, clients do not give depositions nor appear in court. If you are called to give a deposition, you will be prepared beforehand by an attorney that will review the facts of your case and assist you. In MDL litigation, typically, a few select cases, called a trial pool, will be tried before a jury. Unless your case is in the trial pool, you most likely will not be in trial.

13. My doctor says I shouldn’t get involved. What should I do?

We depend on doctors for medical advice, not legal advice. The only way to find out which device you now, or in the past, have had implanted, is to discover your hospital records which contain the product identification. This label contains identifying information with the name, manufacturer, model and lot numbers of your particular implant and may be buried in your medical records.

14. Will I need to have another surgery?

This is your decision to discuss with your doctor. We always recommend anyone undergoing surgery to get a second opinion from another doctor. Some of our clients have elected to not undergo another surgery and others have had no relief of their symptoms after surgery.

15. What if I cannot have another surgery because it is too dangerous?

We will need a letter from your doctor stating the hernia mesh is causing you injuries, pain and suffering and should be removed, but another surgery is too dangerous.

16. What if I cannot remember the name of the implanting hospital or doctor?

Your medical bills, insurance records, prescription bottles should have the name of the hospital or doctor. A friend or family member may also remember the name of the hospital. We will need to know the name of the mesh implanting hospital in order for us to obtain your mesh implant manufacturer. We cannot file a claim without the medical record that names the mesh implant manufacturers.

Contact Us Now

Contact us if you have suffered and had your hernia mesh removed or revised within the past few years. Statutes of limitations may bar your claim so contact us now.