Hernia Mesh Class Action Lawsuits
There are currently no mesh class action lawsuits currently being litigated. However, when a defective medical device causes harm to patients, many thousands of potential patients will suffer the consequences. These patients will all have the opportunity to file lawsuits against the manufacturer of the device. In some cases, it may be appropriate to form and pursue such a lawsuit on behalf of all patients who have been affected by the device. If such a lawsuit is brought forth and won, the manufacturer could be liable for millions of dollars in medical malpractice settlements and compensations.
However, there are limitations to the success of mesh class action lawsuits in these types of cases.
Typically, in such lawsuits, the plaintiffs must prove both that they were injured due to the defendant’s negligence and that they suffered a loss as a result of that negligence. They do not merely win the case if they are able to prove the injury-or loss-occurred because of the defendant’s negligence. Such lawsuits will typically be very expensive. Therefore, unless the plaintiff can show that their injuries came about as a result of defendant’s negligence, courts generally require them to settle out of court.
Hernia mesh devices have often been targeted by large manufacturers in attempts to avoid hefty lawsuits by settling.
In turn, such manufacturers often try to keep victims of hernia mesh devices from sharing their story to the media, or from speaking out about their cases. This reluctance to share settlement information could ultimately harm victims’ legal rights. The lack of communication between the parties could also lead to faulty verdicts in lawsuits, and to a lower turnout in trials when jury awards prove too lopsided.
However, there are ways that victims of hernia mesh implants can receive the compensation they deserve.
Attorneys who file class action lawsuits are often able to bring these cases to court, and have them won by juries if the manufacturer is not willing to negotiate. If large manufacturers are unwilling to settle, attorneys may be able to force them into court through lawsuits that use medical records and testimony to argue that the manufacturers were aware of the dangers of their products for years, yet did not warn patients.
Another way to press this issue in a courtroom is to present evidence that, if the manufacturers had marketed their products correctly, they would have removed all risks of mesh implants.
To do this, plaintiffs should present echocardiogram reports, heart attack and stroke reports, or similar medical records to show that patients have experienced hernia mesh implants. Similarly, plaintiffs should show that cardiologists who wrote the manufacturer warning letters about the risk of perforation also signed off on the devices. These doctors could be called as witnesses to testify about the dangers of perforation in mesh implants.
While these lawsuits have some merit, it’s not clear how successful they will be.
One difficulty is proving that the mesh implants caused infections, heart attacks, or strokes. Plaintiffs are also limited to only pursuing lawsuits based on the negligent sales and/or surgeries of Reis Plastic Surgery. The courts also usually require medical records from surgeons who performed these surgeries, making it more difficult to acquire.
