How to File a Hernia Mesh Lawsuit
The current Hernia Mesh Lawsuits have been pending in both State and Federal Court for over five years. The federal court process this lawsuit is in is known as Multi-District Litigation and often referred to as a “MDL.” An MDL brings together all of the federal court cases with similar issues, like the design of hernia mesh. What makes matters difficult is that each state court has different rules for filing a lawsuit. Currently, there are state court cases in Rhode Island and Massachusetts, because that is where certain manufacturers were located. In general we prefer bringing these actions in federal court.
For the purposes of filing a hernia mesh claim under an MDL, we recommend retaining the services of a lawyer. While it is theoretically possible to file pro se (or, on your own behalf), the likelihood of success, however, is very limited. Large teams of lawyers have been working nearly around the clock for years to learn these hernia mesh injury claims and the procedures pertaining thereto. For this reason, filing a hernia mesh injury claim is not something we recommend doing on your own.
Here are a few things you should know before you file a hernia mesh lawsuit. For most individuals who would like to file a hernia mesh claim, it is likely that they will need to make a decision about the type of lawyer they would like to hire. Do they want a huge firm? If so, they should be mindful that, although huge law firms may have a lot of resources and experience, they are not always very personal. Indeed, it is not uncommon for individuals who retain huge law firms to never actually know who their attorney is, let alone, ever speak with them directly. So, perhaps they would like a local lawyer instead. But, while local lawyers may have more personal touch, they may not have the same amount of experience. These are the sorts of questions prospective clients should be asking themselves. In my opinion though, you should know exactly who your lawyer is. I can commit to you that if you choose King Law to represent you in your case, it is me, Robert King, who will be representing you. Even more importantly though, our firm is big enough and experienced enough to get you the best possible results. In fact, just recently, Judge xxxx appointed me to the leadership team of the hernia mesh lawsuit pending in Massachusetts federal court, along with only nine other lawyers from around the country.
Something else you may need to know before you file a hernia mesh lawsuit is the process. Once our services have been retained, the first thing we need is your medical records. We use medical records to prove what brand of hernia mesh was implanted in your body. We need to be able to show what type of mesh it was, when it was implanted, who conducted the procedure, and what injuries you sustained because of your hernia mesh surgery. We do all of these things with medical records and through discussions with you, our client.
After we receive your intake documents and medical records, we have everything we need to file a complaint against the Mesh manufacturers. Typically, this is done by filing what is known as a short form complaint. A short form complaint incorporates all serious complaints made against the hernia mesh manufacturers in the past and also alleges the impact it had on you personally.
After the short form complaint is filed, your lawyer will then get to work proving that the mesh itself is bad or defective in some way. Although there are many different kinds of mesh, you may be surprised to learn that the hernia mesh brand Bard has cornered approximately 65 percent of the market, while the mesh manufacturer Covidien has about 20 percent of the hernia mesh market. Currently both of these manufacturers have been listed as defendants in the present hernia mesh lawsuit. This means that there is an overwhelming likelihood (i.e., 85 percent), that if you had a hernia mesh implant, the manufacturer is likely Bard or Covidien.
To be clear, it is not uncommon for lawyers from other firms to work together to show that each type of mesh is not safe. In particular, this case against the hernia mesh manufacturers dates back to at least 2016. There have been several hernia mesh claim settlements and trials. There has been only one verdict, however, in favor of the defense. Rather, the verdicts and trials so far have been in favor for those injured by hernia mesh.
It is worth mentioning, though, that there is a very low likelihood that your individual case will ever go to trial. As mentioned above, the cases so far have been ongoing for several years. And, the process is not a short one since it involves something called Bellwether trials. Bellwethers trials are test trials that are used as examples to see what might happen under a particular set of circumstances. They often lead to large group settlements with similar sets of circumstances. In the current hernia mesh lawsuit, the bellwethers have been selected and some have already gone to trial, so it is unlikely that your case will ever be chosen to go to trial.
Below is a helpful guide outlining the steps that you may need to follow to file a hernia mesh lawsuit.
Table of Contents:
Steps to file a Hernia Mesh Lawsuit
- Select a lawyer. As briefly discussed above, this first step can be simple or hard. What type of Hernia Mesh Lawyer do you want? How big of a firm are you comfortable with? How many firms do you want to interview? Do you want to talk to someone at the firm before you hire them or are you comfortable speaking with an intake person?
- Provide appropriate information. Any hernia mesh lawyer you hire will need information from you in order to file your claim. Your lawyer needs this basic information and signed authorizations to order the official medical records they need to proceed.
- Receive and review records. Your lawyer needs to get your records. If you have some of these records, or are able to access these records via a portal, that information can certainly help.
- Determine who to file a complaint against and where that complaint needs to be filed. This decision may be heard to determine, especially if you have decided to file your claim on your own behalf.
- File the complaint. This stage of the lawsuit process is highly specific and it is, in most cases, imperative that the complaint is filled out and filed correctly. If it is not, your claim could be denied almost immediately.
- Litigate the case against the hernia mesh company. The litigation process is perhaps the most difficult and highly specialized stage of the process and should be handled with the utmost care, concern and attention to detail.
What to know before you file a hernia Mesh Lawsuit
To date, Hernia mesh has hurt a lot of people. Currently, over twenty thousand cases have been filed. Since the case against hernia mesh manufacturers began in 2016, countless documents have shown that hernia mesh is dangerous, and that the manufactureres knew the mesh was dangerous and continue to sell the product anyway. To be sure, the hernia mesh business is a cash cow that has made millions of dollars by selling cheap plastic. What’s more, these companies continue to manufacture and sell their mesh products regardless of the damage it causes because it is more cost effective for them to pay out settlements than it is to stop production altogether.
The current case pending in court has been ongoing for quite some time. For this reason, people who have been injured recently, or those that call now, have the benefit of years of litigation against the manufacturers behind them. Considering the current state of this litigation, we do expect these cases to settle for tens or hundreds of thousands of dollars. Because a typical case lasts approximately 5 to 7 years, the current cases that are pending in this action are over five years old. In considering the length of time that has passed, we are hopeful that justice will be served soon.
Information that will help us assess your claim include the following:
- When you had hernia mesh surgery
- Where you had hernia mesh surgery
- How many hernia surgeries you have had
- The manufacturers (ie Bard, Covidien, Atrium, Ethicon)