How Much Is Your Hernia Mesh Lawsuit Worth?
A number of defective hernia mesh implants have led victims to pursue lawsuits due to the aftermath they had to suffer after the implant. The number of these cases has witnessed a significant rise in the present, with trials resulting in settlements of minimum $70,000 as well.
The amount of the lawsuit may vary according to the situation. Therefore, in order to calculate the amount of Hernia mesh lawsuits by the plaintiffs, it is important to have in-depth knowledge regarding Hernia Meshes and their Lawsuits in general for accurate calculation.
What is a Hernia Mesh?
A Hernia Mesh refers to a device that has been surgically implanted in order to repair hernias. They provide support to the repaired muscle tissue and help in facilitating the re-growth of the tissue.
There are two categories of Surgical Hernia Meshes:
- Absorbable; made out animal tissue which are absorbed into the body
- Non-Absorbable; made out of non-toxic plastic materials
What Kind of Injuries Are Caused by Hernia Mesh Defects?
A number of complications can arise from defective hernia meshes leading to painful injuries. These then require further surgeries for correction or repair.
The common injuries caused by Hernia Mesh defects include:
- Mesh detachment and migration
- Puncture of tissue/organs adjacent to the hernia mesh
- Internal pain and other kind of infections
- Adhesion of the hernia mesh to other organs/tissues from scar tissue formation
All of these complications may be felt not long after the surgical implant of the hernia mesh; however, some injuries may take some time in showing their symptoms and signs.
What is factored in While Calculating the Value of a Hernia Mesh Lawsuit?
While calculating the amount or value of your Hernia mesh lawsuit, you will be factoring in:
- The types of damages you have suffered
- The total monetary damages you have suffered
There are plenty of types of damages which the plaintiffs can use for filing their lawsuit such as:
- Compensatory damages: reimbursement for the total damages inclusive of lost income, medical expenses etc.
- Pain and Suffering: all kinds of physical pain such as aches and discomfort resulting from the injury.
- Loss of Consortium: deprivation of love and affection in the relationship due to the injury of the partner or family member
- Punitive Damages: intended at punishing the defendant for reckless behaviour which has resulted in the injury.
The monetary value is usually determined by evaluating the following elements:
- The type of hernia mesh device implanted; such as if FDA has recalled the device or if the manufacturer had pulled off the device from the market.
- The medical expenses or medical bills incurred; such as the amount gone into the doctors’ visits, diagnostic tests etc.
- The level of injuries; such as pay-outs for hospital stays that have prolonged tend to be much higher, or if the plaintiff suffered multiple injuries.
- The loss of income; such as income lost due to not being able to work due to the injuries.