There are many known cases, where patients have suffered from complications like chronic pain, sexual dysfunction, and constipation after receiving a hernia mesh implant. Depending on the facts of the case, the patient may have a valid lawsuit against the company that made the mesh implant. In this post, we are sharing more on the grounds for filing a hernia surgical mesh implant lawsuit.
Defective design
In case the hernia mesh had a defective design, it may cause unwanted side effects and risks for the patient, because even the best standards of manufacturing cannot get way with that. If manufacturers knew of the defect and the foreseeable risk, they can be held responsible, provided that the mesh was manufactured and used as expected. For proving the case, often expert witnesses are summoned, who can testify about the design of the product.
Manufacturing defect
This one is a no brainer. If the hernia mesh or medical device was manufactured without adhering to the standards, the manufacturer can be held responsible. Because of the intended use, hernia meshes tend to be fragile, and therefore, there is no scope for any deviation in manufacturing process from the original design.
Improper labeling
Medical devices may have risks, and it is for manufacturers to enlist and disclose all the risks and side effects, so that everyone, including doctors, are informed. Manufacturers must warn physicians of the dangers and how these dangers can be avoided. Failure to warn is a serious concern and can be a ground for the plaintiff to file a lawsuit. In such cases, doctors often can testify that the manufacturer failed to offer information.
Medical malpractice
If the hernia mesh was just fine but the surgeon made a mistake with regards to the surgery, the patient may have a valid lawsuit, but in this case the doctor will be held liable for their action.
Talk to a lawyer
You may need to talk to an experienced lawyer who has been handling hernia mesh lawsuits for other patients. If there are many cases against the manufacturer, cases can be clubbed, so that the actual process of litigation can be accelerated. Not all law firms deal with hernia mesh lawsuits, so ask relevant questions and make sure that your lawyer has the time required for such cases.
Filing a hernia mesh lawsuit will be easy when the right attorney is working on your behalf. In all likeliness, the lawyer has already done research on the matter for other clients.
