Several manufacturing companies have faced litigation over the past several years for dangerous defects in their hernia mesh products. Many hernia mesh products have failed after being implanted in a patient’s body and have caused severe harm as a result. However, while most people hurt by hernia mesh have similar grounds for a lawsuit, that does not mean all of them would receive exactly the same amount of compensation from a settlement.
Damages for a defective hernia mesh implant will be different based on the details and injuries involved in each individual’s situation. It takes the guidance of an experienced hernia mesh attorney to determine all of the losses you could be compensated for. Call our attorneys at Childers, Schlueter & Smith for a free consultation.
Economic and Non-Economic Losses
Compensatory losses in product liability claims, including those that come from defective hernia mesh implants, can be split into two broad categories:
- Economic damages that have a specific financial value, and non-economic damages that are more subjective. Economic losses tend to be expenses for medical treatment caused by the defective mesh, but they can also include other out-of-pocket costs and losses like lost income, future rehabilitative care costs, and long-term loss of earning ability.
- Non-economic damages are often referred to as “pain and suffering” damages, since they primarily focus on the physical pain and psychological trauma that an injured person is experiencing. Other non-economic damages that could be caused by a defective hernia mesh implant include lost enjoyment of personal activities and a reduction in overall quality of life.
How Valuable is a Defective Hernia Mesh Implant Claim?
With the recall of more than 200,000 hernia mesh products over the past twenty years, there have been thousands of lawsuits against the companies that manufactured these defective devices. Each of them has had a slightly different outcome compared to the others and many were combined into mass tort or class action cases. It is extremely difficult to narrow down a precise estimate of how valuable the average hernia mesh claim is.
Individuals with less severe injuries, those who will not have lifelong repercussions, may receive less than someone who did suffer lifelong injury, for example. As each person’s situation is different and each hernia mesh product manufacturer is different, no particular amount can be determined initially. A knowledgeable lawyer can explain, in more detail, the viability of a claim after working up a case on behalf of their client.
Discuss Defective Hernia Mesh Implant Damages with a Knowledgeable Attorney
You will need to go through several stages of litigation and settlement negotiation with highly trained corporate legal teams. It is vital to have representation from a qualified lawyer so that you are in the best position possible. Learn more about different types of hernia mesh implants on our website or contact us for more information.