Do I Have a Legal Claim for a Hernia Mesh Injury in Georgia?
Manufacturers of medical products have a legal obligation to ensure that their products are safe for consumers. In addition, they also have an obligation to provide adequate warnings of any potential side effects or complications. When a product is unsafe or the manufacturer fails to disclose known risks associated with the product, people who have suffered harm from using the product can pursue a claim for compensation for their injuries and other losses.
Hernia mesh manufacturers have the same obligation as any other medical product manufacturer, and many hernia mesh products have been shown to cause serious health problems. People have pursued claims against the manufacturers of the following hernia mesh products:
- Prolene hernia system mesh: reported to cause severe pain and sexual dysfunction.
- Proceed mesh: a lightweight hernia mesh that has been recalled due to the risk of bowel obstruction.
- Parietex herniated mesh: reported to cause infections and other bowel complications
- C-Qur mesh: reported to cause lethal infections. It has also been reported to be unusually difficult to remove from patients.
- 3DMax hernia mesh: reported to cause severe pain and an increased risk of losing testicles.
- Kugel mesh: contains a ring in the center of the product that has been known to break and harm the patient.
- Physiomesh: reported to cause a high number of complications and an increased risk of subsequent hernias.
Injured patients have pursued claims against other hernia mesh manufacturers in addition to the ones listed above. If you have suffered health issues as a result of your hernia mesh surgery, a Georgia hernia mesh lawyer can help you navigate the claim process.
How Will a Georgia Hernia Mesh Lawyer Prove Liability?
Unfortunately, the fact you are suffering adverse effects from your hernia mesh surgery won’t be sufficient to recover the compensation you need. First, it’s important to realize you will be pursuing a claim against a global pharmaceutical company that devotes tremendous amounts of money and other resources to defend itself against claims. It is unlikely they will admit liability, and even if they do, they may try to settle your claim for as little as possible. A Georgia hernia mesh lawyer can help you hold them accountable so you can get the compensation you need to rebuild your life.
To prevail on your hernia mesh claim, you will need to prove three things essentially:
- Who manufactured the hernia mesh used in your surgery. This may seem obvious, but many patients do not have this information at hand. In order to pursue a claim, you will need to pursue legal action against the company that made the hernia mesh used in your surgery.
- The hernia mesh is defective in some way; in this context, “defective” does not mean “broken.” Instead, it means the product is unreasonably dangerous or they failed to warn of known risks. This is a complex determination and typically requires extensive knowledge of product liability law and perhaps even an industry expert.
- You suffered harm as a result of the hernia mesh product, again, this may seem obvious, but you will need to prove you were harmed in some way. This will require you to submit copies of your medical bills, doctor’s notes, and any other medical documentation you may have. The manufacturer may try to claim your harms were not related to their product or that your health problems were less severe than you claim.
Attempting to pursue a claim can be overwhelming, even if you have fully recovered. A Georgia hernia mesh lawyer can help you collect the evidence you need so that you can prove your case and get the compensation you deserve.
Determining the Value of Your Hernia Mesh Claim In Georgia
For those who have suffered injury as a result of hernia mesh, your claim may be worth more than you realize. Of course, you are entitled to compensation for your medical expenses. This includes your current medical expenses you have incurred to address the side effect or complications caused by the hernia mesh and your future medical expenses for future medical treatment that will be required.
However, you may be entitled to compensation beyond your medical expenses. You may be entitled to compensation for your lost wages if you are unable to work, either on a short-term or long-term basis. You are entitled to compensation for your lost wages even if you had to miss work only periodically for doctor’s appointments.
Many of the side effects and complications that are caused by hernia mesh can be debilitating, leaving you unable to enjoy your daily life or take care of your family. You may have trouble sleeping and experience feelings of sadness or hopelessness. Depression and anxiety are common for people suffering from serious medical issues. As a result, you may also be entitled to compensation for any pain and suffering you have experienced as a result of your hernia repair.
An experienced Georgia hernia mesh attorney will be able to provide you with an estimate of what your claim may be worth. This can help determine whether you should pursue a claim. More importantly, they can ensure that the compensation will enable you to meet all of your expenses, take care of your family, and move on with your life.