For nearly 20 years, a select few hernia mesh companies have recalled specific hernia mesh products for dangerous defects and other reasons. If your hernia mesh broke, failed to stay in place, or injured you by not working as it should, you may have grounds to join the many Americans who have already filed suit against these companies to hold them liable.
However, the hernia mesh implant lawsuit process is lengthy and complicated. You should not try to pursue your claim alone. Working with a capable hernia mesh attorney can significantly improve your chances of getting a settlement or positive court verdict.
Basic Steps to Hernia Mesh Implant Litigation
The hernia mesh implant lawsuit process begins by filing a petition or “complaint” in court that explains why the filing party intends to pursue a lawsuit and names the defendant(s) they are suing. The filing party is also expected to ensure the defendant(s) receives copies of all filed documents. The defendant may then file a response that disputes certain elements of the plaintiff’s initial claims.
Next, both parties participate in “discovery,” which involves all sides sharing evidence and other important information with each other so they can understand the factual and legal bases for their arguments. There may also be a series of pre-trial motions under certain circumstances. For example, one party might want the court to order the other party to produce specific information, or ask the court to resolve specific claims immediately.
Can Hernia Implant Lawsuits End with Settlements?
Once all pre-trial motions and proceedings are complete, a hernia mesh implant lawsuit should proceed to a trial in civil court. At this time, both parties would present evidence and testimony before a judge and potentially a jury. In practice, the hernia mesh implant lawsuit process almost always ends with an out-of-court settlement agreed between the defendant manufacturer and the individual or group suing them.
These claims can settle at any point during the litigation process, even after a trial has already started. The only time that a settlement cannot happen is when a civil court making a final ruling on a claim that has completed a trial, or the statute of limitations for that state have already passed without a lawsuit being filed.
A Qualified Attorney Can Help Throughout the Hernia Mesh Implant Lawsuit Process
The information above is a very broad overview of how defective product claims work and what to expect from each stage of legal proceedings. There are many ways that a lawsuit can differ from that process, which can make it challenging to prepare for.
Fortunately, assistance is available from a dedicated hernia mesh lawyer who can act as your guide throughout the process and handle all complications. Call today to get a free consultation of your case.