Get PDF Foreseeable Risk: Minimizing Cost and Maximizing Outcomes in Products Liability Litigation

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To fill in the first blank, you may have experienced any number of the following adverse events that have been directly linked to defective hernia implants. The harm you endure from a hernia mesh implant must be quantifiable in terms of money. This means, in the least, that you have medical bills to show for the injury you sustained and endure.

The liable party in most hernia mesh cases is the manufacturer of the defective mesh product. There are more than 70 hernia mesh products on the market and most are safe; it's the few that are defective that are causing serious complications and are the subject of the lawsuits. Manufacturers that did or do dominate the U.

Some of the most defective mesh implants are products of these manufacturers.

Topics Include:

If you had one of the below products inserted and complications arose, you may be entitled to sue the manufacturer. The C-Qur came on the market in Atrium first owned it but was later acquired by Maquet a subsidiary of Getinge Group in Maquet now makes C-Qur. The C-Qur incorporates an omega-3 fatty acid coating in lieu of polypropylene. This coating, however, causes severe allergic reactions in some people. Infections can become life-threatening and removal of the C-Qur is difficult and can lead to further injury. Covidien, recently acquired by Medtronic, brought its Parietex mesh product onto the market in The Parietex uses polyester in lieu of polypropylene.

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But this material has similar complications. The polyester mesh shrinks and contracts after it is inserted, which can cause the mesh to tear and break from internal tissue. When this happens, the mesh migrates, causing additional complications and severe pain. Parietex is available as different mesh options:. Each of the above has its own unique problems, too. Complications include migration, perforation, bowel obstruction, and recurrence. ST hernia mesh is a resorbable coated mesh line. Genzyme was the original make of the Sepramesh and Sepra Technology ST coating, but in December , Bard acquired the licensing rights to this technology.

Bard used the technology to create its own ST coating line, which included:. One of the first hernia mesh implants to be recalled, the Composix Kugel has been the subject of three recalls in , , and Made of a polypropylene base and a layer of ePTFE, the materials worked against each other.

The mesh would shrink and a ring used on the mesh would break, causing serious harm. The 3DMax is a heavy-weight mesh using polypropylene. A lighter version was released in This mesh is specifically used to treat inguinal hernias, but the mesh erodes through soft tissue and then adheres to the spermatic cord, cause great pain and sexual dysfunction.

The mesh is also known to fold over and migrate, causing injury, too. Mesh removal surgery places the person at risk of losing a testicle.

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Bard's PerFix Plug came on the market in the late s and uses polypropylene mesh, too, to treat inguinal hernias. This type of plug comes looks likes a shuttlecock but can also come as an onlay patch. This patch has been shown to erode and migrated, causing organ perforation and intense pain.

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The cone tip applies severe pressure that results in additional pain. These injuries have been known to take years before it materializes as pain and the injury is discovered. See also our article on the Bard Marlex hernia mesh. The Proceed is a light-weight mesh that came onto the market in It uses fabric over polypropylene so that the polypropylene does not come into contact with internal organs. The fabric is oxidized regenerated cellulose, and the problem with this fabric is it separates from the polypropylene.

Mass Tort Litigation: Reducing Claims & Minimizing Risks

The primary risk is bowel complications and required mesh removal surgery. The Physiomesh was taken off the market in even though its maker claims it did not recall the mesh. Numerous complications, however, have been linked to this mesh by thousands of people. It is believed the coating on both sides of the mesh prevented the mesh from properly incorporating with the host tissues. On the market since , the prolene is a plug similar to Bard's PerFix plug that uses polypropylene. The original prolene mesh used heavy-weight polypropylene while a newer version uses a light-weight polypropylene and is less prone to complications.

Gore-Tex's DualMesh was released in and is not used to any great extent today. This mesh product was made of polytetrafluoroethylene ePTFE. This material has a propensity to degrade and allows bacteria to grow in the pockets caused by the degradation. Other complications include adhesion, bowel obstruction, organ perforation, and seromas. Removal surgeries are required. Compensation covers economic and non-economic damages. The value of these damages can be:.

Knowing what can be claimed can help you better understand what the value of your own lawsuit may be. Patients who have suffered complications or have otherwise been injured by a hernia mesh product is eligible for compensation of those injuries.

Have You Been Injured by A Defective or Dangerous Product?

This includes economic losses and non-economic damages. Economic damages are easier to determine because they have a value already attached to it or a value relatively easy to determine. Most common examples include:. Past and future expenses, like future medical bills and future wage losses, can also be claimed. These claims are usually made when the complications are long-term and complex. There are many factors, like prognosis and personal medical history, that go into the projections of these costs.

For example, imagine your hernia mesh perforated an organ, caused an MRSA infection, and required mesh removal. There is no cap on economic damages regardless of the state where your injury occurred. The total sum of your economic damages is the total sum of the compensation owed to you under this type of damages. Non-economic damages are more complicated to determine because there is no value already attached -- just the pain and suffering. In hernia mesh lawsuit cases, non-economic compensation is usually limited to pain and suffering as well as mental or emotional anguish, but could also include loss of enjoyment or loss of consortium.

Pain and suffering include the physical pain you may experience from the complications, including any surgical procedures required to address the complications. Mental and emotional anguish refers to your mental and emotional state caused by the injury.

Have You Been Injured by A Defective or Dangerous Product?

Of course, this type of compensatory damages does not come with a monetary value because there is no monetary value to be placed on it. No amount of money can compensate truly for your pain and emotional distress. But, that said, fair and just compensation includes compensation for non-economic damages. Determining the value of your non-economic damages can be tricky and may require experts assigned to determine this very thing.

In California as most other states, there is no standard formula to make calculating non-economic damages relatively easy or consistent. In all actuality, to arrive at a fair and just figure, factors that should be considered include:. A person, for example, who develops chronic, debilitating pain from the damage due to the hernia mesh will have greater pain and suffering than a person who had revision hernia surgery without complication and recovered quickly. Manufacturers of hernia mesh implants will do what they can to minimize your pain and suffering.

Their efforts are meant to lower the value of the sum of your compensatory damages. A skilled attorney will use evidence to maximize your settlement or award, allowing only a state's cap on non-economic damages to limit what you receive. Also, damage caps can differ within these states depending on if the tort case is personal injury, product liability, or medical malpractice. Additionally, spouses may file a derivative claim, too, for loss of consortium.