More than 100,000 hernia repair surgeries are performed annually in the United States. Four out of five procedures require the use of hernia mesh, a medical device that supports and strengthens tissue surrounding the hernia as it heals. Surgery is successful for most patients. For others, the implanted hernia mesh fails and causes serious health problems that require revision surgery and ongoing medical care.
Defective hernia mesh devices have been shown to cause:
If you had complications from a failed mesh hernia implant, you may consider filing a lawsuit to recover compensation for pain, medical bills, and other damages. This is what you need to know before filing a hernia mesh lawsuit in Pennsylvania.
You cannot sue a retailer or manufacturer just because you encountered a defective medical product. You must meet certain requirements. If all of the following are true, you may be eligible to take legal action against the at-fault party:
If you have health problems due to a failed hernia mesh procedure, it is important to act quickly. In most states, there is a statute of limitations for medical products liability claims. You have two years from the date of your injury to take legal action in Pennsylvania. If you wait too long, you may be permanently barred from suing.
Consumer goods are recalled if they pose a risk of temporary or irreversible risk of health problems or death for patients. It is a common misconception that injured patients can only sue if the specific brand of hernia mesh used for their repair was recalled.
If your medical device is part of a large government recall, that is going to help your case because the product is known to be dangerous. However, even if your hernia mesh is not on the recall list, if it failed and you were hurt, you may be able to sue.
Every case is unique, and the outcome depends on the plaintiff’s health condition, injuries, losses incurred, and other factors. You will have a better idea of your settlement as the case progresses.
Remember that filing a claim does not mean immediate compensation is heading your way. Medical device manufacturers have a host of attorneys working on their behalf to mitigate damages and reduce awards and/or settlements. It takes time to resolve these cases.
The first step is to speak with an experienced lawyer. Your lawyer will carefully review the details of your case and explains your rights and legal options. Patients harmed by defective medical products deserve justice.
If you have an injury from a defective hernia mesh product, speak with one of our Philadelphia medical device lawyers at Brookman, Rosenberg, Brown & Sandler. Call us at 215-569-4000 or contact us online to schedule a free consultation. Located in Philadelphia, we serve clients in New Jersey and Pennsylvania, including Delaware County, Chester County, and Philadelphia County.