Who Can Bring A Hernia Mesh Injury Claim?


If you have suffered complications after a hernia mesh device was used to repair your hernia, you may qualify to file a hernia mesh lawsuit. You should call our office so we can discuss the facts of your potential matter and give you the guidance and assistance that you deserve.

How Much Time Do I Have To File A Lawsuit?

You typically have 4 years from the date that you first became aware of the complications potentially caused by your hernia mesh to file a claim of this type (a product liability claim) in the state of Florida. Contacting our office as soon as possible after sustaining such injuries will help ensure that your claim is filed within the statute of limitations. Please keep in mind that in all causes of action, certain statute of limitations applies, and also depends on your state. If you have a possible case, please contact our office so we may assess what statute of limitations or notice requirements are applicable to your claim.

How Would Someone Confirm They Had An Injury Caused By The Mesh Before Moving Forward? What Type Of Evidence Or Proof Do They Need?

If you wish to prove a hernia mesh company liable for injuries sustained, you would just need to prove that you received a hernia mesh, and that your suffered injuries as a result of the hernia mesh. If you wish to prove negligence, you will need to prove the following:

  1. The manufacturer owed a level of duty of care to the patient/plaintiff.
  2. The manufacturer breached or acted outside of that quality of care.
  3. The breach of duty is what caused the patient/plaintiff’s injury.
  4. The plaintiff was damaged by the manufacturer’s conduct.

Our firm can help you in gathering the evidence that you need to support your claims that the manufacture was either liable or negligent regarding your injuries suffered due to the hernia mesh you received.

What Kind Of Compensation Could I Expect If I File And Win A Hernia Mesh Lawsuit?

The compensation you can expect to receive if you win a filed hernia mesh lawsuit will depend upon the situation and the complexity of the injuries and damaged sustained. Some of the factors that will be considered include the extent of the injuries incurred, the effect that the injury had on the physical and mental well-being of the patient, pain and anguish suffered during and after the injuries, the amount of any past, current, or future medical costs that may arise as a result of the related injuries, and any lost wages that would have been earned during the incapacity.

Aren’t Most Products Liability Lawsuits Just Class Action Lawsuits Where The Plaintiff Can Expect Only A Small Symbolic Settlement?

The hernia mesh lawsuits will not be considered class action lawsuits. Rather, they will be consolidated as MDL, or Multi-District Litigation, which means that each plaintiff can expect to receive a real and individual settlement, based upon the plaintiff’s personal injuries and damages incurred.

We’re Not The Type Of People Who Sue; Do We Really Need To File A Lawsuit?

If you or a family member have been medically wronged by a medical procedure or advice, the consequences can be dire, and even deadly. It is likely to be an expensive process between medical costs and lost wages. Although no amount of money or reparations can undo the harm you or your loved one has undergone, it is within your rights to receive compensation to lessen the financial burden you have incurred. Pursuing a suit will not be time consuming or tedious on your behalf, as we will be there to advise you and put you at ease every step of the way.

For more information on Bringing A Hernia Mesh Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 800-835-5762 | 954-456-2488 today.

Attorney Robert Fenstersheib

Get your questions answered - call us for your FREE consultation at 800-835-5762 | 954-456-2488

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