The expenses and losses suffered because of hernia mesh complications or failure vary widely from case to case, so there is no one right answer to how much you can get from a hernia mesh lawsuit. To know how much your case might be worth, you should work with a hernia mesh lawsuit attorney who can help you document and calculate your related expenses and losses.
Putting a Fair Value on Your Hernia Mesh Lawsuit
How much you can get from a hernia mesh lawsuit depends on many factors, but one of the most important is the value of your documented losses and expenses, known as compensatory damages.
A hernia mesh lawyer can help you determine how much the hernia mesh complications cost you. This includes the expenses and pain and suffering you have experienced because of the complication, revision or removal surgery, and other issues, plus the probable future costs of required treatment.
These damages include:
The Cost of Medical Treatment
This cost includes the medical bills you paid to treat complications. It may include your hospital stay and revision surgery, painkiller if you have chronic pain, or several visits to the emergency department to manage your symptoms.
It should also include any related future medical care costs based on your current condition. For example, if your doctor currently monitors your symptoms but believes revision surgery will eventually be necessary, we will work with a medical expert to prove your condition and understand your prognosis.
Lost Income and Diminished Earning Capacity
Pain and other symptoms can mean time away from work, and requiring another surgery means even more time off. If your hernia mesh complications caused you to miss work or if you are likely to miss time in the future, you can recover damages that include your income and benefits.
If your hernia mesh complications are severe enough to prevent you from working your previous job, you may also be eligible to recover damages for diminished earning capacity.
Miscellaneous Out-of-Pocket Costs
In some cases, we can recover a wide range of miscellaneous costs related to our client’s hernia mesh complications and treatment. We urge you to keep every receipt to make proving these expenses easier. For example, if you need to take a taxi to an appointment or if you have to pay to park at your doctor’s office, these could be related expenses.
Pain and Suffering Damages
Pain and suffering damages are the losses you experienced because of the preventable pain you endured. This loss includes both physical pain and emotional suffering. This type of damages is very difficult to calculate, but we know how to put a value on them and back it up with documentation from your medical records, medical expert witness testimony, and more.
Punitive damages are the only non-compensatory type of damages on this list. This means they do not cover the losses and expenses you suffered. Instead, they punish the manufacturer of your hernia mesh patch by making them pay additional costs. Punitive damages are not always available or warranted but may be significant if they are.
Previous Cases Awarded Surgical Mesh Victims Millions of Dollars
Other mesh products came under fire before hernia mesh, namely a product known as transvaginal mesh. Failure of this product could cause some of the most serious complications of hernia mesh, as well. The courts ruled against the mesh manufacturers in these cases again and again. Rulings include:
- An April 2018 decision by a New Jersey court ordered C.R. Bard Inc. to pay $35 million in punitive damages for chronic pain related to a pelvic mesh patch.
- An April 2017 New Jersey Court decision awarded $20 million in compensatory and punitive damages from Johnson & Johnson and Ethicon.
- A November 2014 decision against Boston Scientific Corp. paid four women a combined total of $26.7 million in damages.
- In October 2014, Endo International settled more than 10,000 lawsuits based on vaginal mesh complications or failure, paying out approximately $48,000 each.
While this may not take into consideration all of the factors in a hernia mesh lawsuit, it is a good example of the large payouts some people are receiving as a result of their mesh complications. This may not be indicative of the type of court award or settlement you will receive, but whether there are similar verdicts in the pending hernia mesh multidistrict litigation remains to be seen as of September 2019.
Talk to a Hernia Mesh Lawsuit Attorney About Your Case
Berger and Green are accepting hernia mesh cases from across the country. We can help. If you suffered complications or require revision surgery, reach out to our team today. The compensation you get from a hernia mesh lawsuit will help you heal and return to a normal life. We can pursue compensation from Atrium, Ethicon, C.R. Bard, or another surgical mesh manufacturer on your behalf.
Call us today at (412) 661-1400 to get started with a free case review.