A hernia mesh lawyer should have extensive experience in medical device litigation, product liability and mass torts. They need expertise in negotiating a fair settlement, have experience in jury trials and have access to vast resources to battle large medical device companies.
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How To Choose a Hernia Mesh Lawyer
An integral part of hiring a hernia mesh law firm is conducting your own vetting process. Hernia mesh lawyers should have negotiation and trial experience as well as vast resources to tackle large medical device companies.
Hernia mesh lawsuits are often costly to litigate because of the complex science involved in proving that defective hernia mesh caused an injury. This requires a good deal of discovery as well as securing the best medical experts and the resources to litigate cases over several years. So, make sure the firm you hire has access to enough resources to properly litigate your claim.
It’s also important to ask about any fees before signing a contract with a firm. Most hernia mesh lawyers represent injured clients on a contingency fee basis. That means they don’t get paid unless they can secure a jury verdict or settlement for their clients. Many attorneys charge no upfront fees, but how they structure the cost can vary.
Consider these questions during your initial consultation with a hernia mesh lawyer:
Do you specialize in litigation for hernia defect surgeries and procedures?
What is your experience with multidistrict litigation or personal injury cases?
How do you structure your legal fees? Do you work on contingency?
Will I need to travel to work with you?
What is your knowledge level concerning hernia mesh placements and possible complications?
A local attorney at a small firm may not always be the best choice to litigate a hernia mesh claim. The top firms representing hernia mesh clients are large, national law firms with extensive experience in multidistrict litigation (MDL) and mass torts. Lawyers at national firms have state and federal litigation experience as well. Having that level of expertise on your side when facing a defendant with access to extensive legal resources is vital for winning a hernia mesh case.
The advantage of hiring a large national firm is that they can represent clients from all over the country and have vast resources and extensive experience in handling medical device claims such as hernia mesh claims. They often have access to a large network of hernia mesh medical experts and researchers. This allows them to make a solid case for why poorly designed hernia mesh led to complications and additional surgeries and companies failed to warn patients.
Qualities of a Top Hernia Mesh Lawyer
A skilled hernia mesh attorney has integrity, trial experience and a history of securing fair compensation for their clients. They must know how to find evidence to prove liability and be well-versed in the medical science of defective hernia mesh. The top hernia mesh lawyers will review your case during a free consultation and explain the compensation you may be entitled to.
Attributes of top hernia mesh lawyers include:
Credibility and Reputation
One benefit of working with a national law firm is access to reputable attorneys in good standing with the National Bar Association and the State Bar. Read online reviews to establish a track record and see how former clients rated their experience with the firm.
Demonstrable Expertise
Attorneys handling hernia mesh lawsuits have experience in mass tort, personal injury and product liability. Attorneys with leadership experience in multidistrict litigation, or cases consolidated into federal litigation, are ideal since a large portion of hernia mesh lawsuits are in MDLs.
Fee Transparency
An honest hernia mesh law firm will address the legal fee structure up front, including the contingency component.
Excellent Communication
Top attorneys combine friendly support with objective representation. They are approachable and communicative, keeping you informed throughout the legal process.
Experience in Hernia Mesh Lawsuits
They should be capable of demonstrating their knowledge of hernia mesh recalls and defective medical devices, and be able to answer your questions.
A top attorney will address their qualifications directly. Look for statistics on verdicts and settlements won, years in practice and bar association membership in good standing. Have they spent significant time in trial and battling large medical devices or pharmaceutical companies with vast legal resources? Do they have testimonials from clients?
“We have handled over a thousand hernia mesh claims, so we are well positioned to investigate and potentially litigate your claim,” explained Moshe Horn, award-winning mass torts and product liability lawyer with Simmons Hanly Conroy. These attributes are trust signals that an attorney has the experience to handle your claim.
“We have handled over a thousand hernia mesh claims, so we are well positioned to investigate and potentially litigate your claim.”
Do You Qualify for a Hernia Mesh Lawsuit?
You may qualify for compensation if you experienced hernia mesh complications and needed additional surgery to remove and repair faulty mesh. The most efficient way to assess your eligibility is through a free consultation with an experienced hernia mesh lawyer.
“You can expect to be asked when and where you had your mesh implant and removal surgery,” said attorney Moshe Horn of award-winning national law firm Simmons Hanly Conroy. “We’ll also ask if it is possible for you to obtain the medical records for your surgeries and treatment.”
If you lost a loved one because of hernia mesh complications, you may also qualify to file a wrongful death suit against hernia mesh manufacturers.
Specific qualifications may include:
You had hernia mesh surgery on or after Jan. 1, 2006.
Your physician or surgeon evaluated you for complications and recommended revision surgery to replace or remove the defective hernia mesh.
You developed severe pain and complications after receiving your mesh, such as bowel perforations, infections or intestinal blockage.
You are unable to receive revision surgery recommended by a doctor because you continue to experience ongoing complications.
Depending on the state where you live, the statute of limitations to file a product liability injury claim can be as little as one year. So, it’s important to speak to an attorney as soon as possible to preserve your right to file a claim.
So far, four major hernia mesh manufacturers have been involved in lawsuits: Ethicon, Atrium, Covidien and C.R. Bard. Ethicon and Atrium have agreed to confidential hernia mesh settlements. As of May 2024, there are 25,906 total hernia mesh lawsuits pending across federal litigation.
In February 2024, Judge Edmund A. Sargus, Jr. canceled the fourth C.R. Bard MDL bellwether test trial after one win for the defense and two wins for the plaintiffs. He has since ordered both sides to mediation in hopes of reaching a global settlement.
Please seek the advice of a medical professional before making health care decisions.
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“We have handled over a thousand hernia mesh claims, so we are well positioned to investigate and potentially litigate your claim.”
