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Hernia Mesh Lawyer

Hernias—injuries that cause an organ, intestine, or fatty tissue to squeeze through the muscles that keeps them in place—may result from a combination of squeezing or pressure in the affected area or may also be the result of lifting heavy objects, constipation, or even persistent coughing. The most common form of surgical treatment for a hernia is to use a hernia mesh to repair the tear.

This mesh helps to provide stability to the affected muscles that take the strain off those areas and allows the muscles to heal. However, certain types of mesh used in these repairs are linked to an increased chance of post-surgery complications. These complications could range in severity from necessary procedures to reattach the mesh to potentially fatal infections and internal bleeding.

In fact, thousands of other people like you have suffered similar symptoms. Fortunately, the law allows you to join together with these people to pursue your case as a mass tort. A hernia mesh lawyer could work to explain the process of pursuing a mass tort and take the steps necessary to bring you the compensation that you need.

Defective Hernia Mesh Lawsuits

Defective hernia mesh lawsuits do not allege that the doctor who inserted the mesh did anything wrong, but rather that the maker of the mesh allowed a defective product to enter the market. These cases center around the idea that the manufacturer did not perform proper testing on their design before marketing it to consumers, or that they performed proper testing but failed to provide all known risks to the FDA during the approval process.

As one might imagine, these cases are often highly technical in nature. It is rare for claimholders to prove liability without relying on an expert witness to testify how the manufacturer failed in their duty to produce a safe product. While it is possible to pursue these cases alone, it is often much more beneficial to join together with other injured parties in a mass tort.

Bringing a Mass Tort Against a Negligent Party

Both State and Federal courts are interested in streamlining the civil claims process. As a result, they allow groups of plaintiffs who have similar claims against a common negligent party to join their cases together into mass torts. However, not just any plaintiffs are able to join these cases.

For example, a group of people may all suffer complications after using a company’s hernia mesh to repair a hernia, but all plaintiffs in a single mass tort would have to agree on a single justification for their case—for instance, that a fundamental flaw in that company’s design resulted in their injuries. Although their specific injuries may not all be the same, these plaintiffs would then allege a common defendant and a common theory of their case.

According to Federal Rule of Civil Procedures 23, plaintiffs meeting these criteria may join their lawsuits together into a single mass tort. A Hernia mesh lawyer could help an injured person understand the purposes of mass torts and determine whether their injuries may qualify them to join an existing mass tort claim.

A Hernia Mesh Attorney Could Help Hold Negligent Medical Device Makers Responsible

All product manufacturers have a duty to ensure their products function as intended without any undisclosed risk of harm. Perhaps nowhere is this more important than with the makers of medical devices.

One prominent example of this failure is the recurring injuries caused by synthetic hernia mesh implants, which may easily become infected and require a second surgery. Because multiple people have suffered injuries resulting from the defective design of these products, they may join their cases into a mass tort.

These mass torts allow plaintiffs to share their resources, benefit mutually from expert witnesses, and even hold a single trial to determine a defendant’s liability. A hernia mesh lawyer could help you if you have suffered complications due to a defective hernia mesh, so call today to discuss your options in joining a mass tort.