Fairfax Hernia Mesh Lawsuit Lawyer
After suffering injuries due to a defective hernia mesh product, our team can help. A Fairfax hernia mesh lawsuit lawyer can file your case, calculate your damages, and fight for what you deserve.
Potential Damages in a Fairfax Hernia Mesh Lawsuit
Filing a hernia mesh lawsuit ensembles you to seek several damages. You may stand to recover economic losses, non-economic losses, and wrongful death damages if you lost a loved one.
You can pursue:
- Awards for any medical treatments your injuries or complications require, such as surgeries, other mesh removal procedures, medications, and specialists
- Awards for ongoing medical care, including in-home aid and medical devices
- “Pain and suffering” and inconvenience
- Loss of quality of life, such as for debilitating chronic pain
- Lost wages, benefits, and paid time off
- Out-of-pocket expenses related to your injuries or complications
We can calculate your losses and go after fair compensation.
Wrongful Death Damages
If your family member succumbed to their injuries due to a defective hernia mesh, you can seek the following damages:
- Funeral and burial expenses
- Your loved one’s medical bills
- Your loved one’s “pain and suffering” and inconvenience
- Loss of inheritance for the income they would have continued to provide the household
We can file a wrongful death lawsuit on your behalf, leaving you free to grieve your family member in peace. Though nothing can replace them, a settlement can help your family cope in their absence.
Hernia Mesh Complications
Hernia mesh products can effectively treat a variety of hernias, but associated complications may outweigh their benefits.
According to RadioGraphics, hernia mesh complications include:
- Chronic pain, which can become debilitating
- Fluid collections, including seromas, hematomas, and abscesses
- Adhesions that can cause intestinal blockage
- Erosion into solid or hollow viscera, such as enterocutaneous fistulizing disease
- Mesh shrinkage, detachment, and migration
Different types of hernia mesh products have their own advantages and disadvantages, but none are without risks.
Non-Absorbable Hernia Mesh Products
According to Engineered Regeneration, non-absorbable hernia mesh products boast a lower rate of hernia recurrence. However, these products can cause worse, longer-lasting pain and inflammation. They tend to adhere to tissue and shrink over time, as well. They can also cause infections as bacteria accumulate in their pores over time.
Manufacturers usually make non-absorbable mesh products out of polypropylene (PP), expanded polytetrafluoroethylene (ePTFE), and polyester (PET), which carry their own risk of complications.
Absorbable Hernia Mesh Products
While absorbable hernia mesh products usually cause less pain, they lack their counterpart’s durability. They usually consist of biodegradable polymers. Their tendency to erode leads to a higher rate of hernia recurrence. On the other hand, absorbable hernia mesh products have a lower rate of infection.
Biological Hernia Mesh Products
Biological hernia mesh products are made from allografts and xenografts. They usually involve fewer foreign body reactions and infections, but they do not hold up as well as synthetic mesh products. Thus, they come with a higher rate of hernia recurrence.
Treatments for Defective Hernia Mesh Repair
Defective hernia mesh products can cause hernia recurrence, infections, and chronic pain, requiring their removal. Patients may require intervention one to three years after hernia repair.
According to Hernia: the Journal of Hernias and Abdominal Wall Surgery, medical interventions may include endoscopic mesh retrieval, laparoscopic mesh removal, and surgical mesh removal. Such treatment methods come with serious risks. For example, some patients must resort to tube feeding during recovery.
Some doctors may try to salvage hernia mesh products after they fail. They may suggest antibiotics, percutaneous or surgical drainage, and negative-pressure vacuum-based therapies. However, Plastic and Reconstructive Surgery reports little success with these methods.
The Cost of Hernia Mesh Removal
Hernia mesh removal is costly. According to the Journal of the American College of Surgeons, removal methods cost over $20,000 in 2017. This does not include the cost of post-operative care, medications, and follow-up visits with specialists. As time goes by, the price of hernia mesh removal will only increase.
Hernia Mesh Removal Does Not Treat the Original Problem
On top of everything, patients may also face hernia recurrence after doctors remove defective mesh products. Between their original conditions and the mesh removal, they can face a life-long recovery.
Manufacturers have certain responsibilities to their consumers. They must ensure that their products are reasonably safe for the public. They also must divulge any risks that come with their products and provide adequate instructions for their safe usage.
Product liability refers to these responsibilities and a manufacturer’s capacity for negligence. When a manufacturer fails to comply with consumer protection laws, it can face legal repercussions.
They can fail at a number of stages during the manufacturing process, as well.
The design stage involves research about a product’s ingredients, which must prove effective and safe. Manufacturers must conduct studies and consult experts who can verify the efficacy and safety of their product’s components. When they fail to take this necessary step, they may design a defective product.
Even after designing a safe product, companies can err when manufacturing their products. They may prove negligent when overseeing mass production or distribution of their products.
Companies must be transparent about any risks associated with their products. They must market their products with clear warning labels and instructions for proper usage. When they fail to disclose pertinent information about the harm their products can cause, they engage in negligent marketing.
Current Hernia Mesh Lawsuits
Many hernia mesh manufacturers have been facing recalls and lawsuits for years. The U.S. Food and Drug Administration (FDA) has issued mandatory recalls for various defective hernia mesh products, such as Proceed Surgical Mesh in 2006.
Reuters reported on the first bellwether trials for the multidistrict litigation (MDL) against Davol, Inc./C.R. Bard, Inc. over its Polypropylene Hernia Mesh Products. Ethicon Inc. and/or Johnson & Johnson also face legal action in an MDL for its Flexible Composite Hernia Mesh Products.
Plaintiffs in both MDLs are making the following claims against these companies:
- Defective design
- Defective manufacturing
- Negligent labeling and marketing
Our Fairfax Hernia Mesh Lawsuit Lawyers Can Help
You deserve to focus on your recovery, not hassle with the legal process. We can handle your hernia mesh lawsuit. Our lawyers can offer the following legal services:
Consult Your Doctors and Medical Experts
Your case depends on evidence that links your injuries to a defective hernia mesh product. We can help gather your medical documents to prove your damages. We can also consult medical experts whose testimony can support your case.
Deal with Insurers and Defense Attorneys
It can be intimidating to talk to insurance companies and defense attorneys. With us on your side, you won’t have to. We can deal with the liable manufacturer, handling all communications and negotiations.
Keep You Up to Date on Your Case’s Progress
You should not have to be in the dark when it comes to your hernia mesh lawsuit. We can make ourselves available to answer any questions you may have. We can also give you important updates on your case. We work with you every step of the way.
Virginia’s Statute of Limitations
Another thing to keep an eye out for is Virginia’s statute of limitations. This is a deadline for filing a personal injury lawsuit, including those involving product liability. Under Va. Code § 8.01-243, you generally have two years from the date of your injuries to file.
Va. Code § 8.01-244 affords you the same amount of time to file a wrongful death lawsuit.
If you miss this deadline, the court could dismiss your case. You could lose your chance to hold a negligent manufacturer liable for your losses. We can help by starting your case immediately.
Our Client Testimonials and Case Results Speak for Themselves
We understand that you have choices when seeking legal representation. We invite you to view our client testimonials and case results to see what sets our firm apart. We have recovered millions of dollars for previous clients, and now we want to help you pursue your due.
Protect Your Right to Compensation in Fairfax County
There are a few things you can do to protect your case. First and foremost, seek medical attention for your injuries. If you must undergo hernia mesh removal, do so. Nothing is more important than your health. Following through with your recovery plan can also help your case for compensation.
Additionally, avoid discussing your case with anyone except your lawyer. You do not want to post about your injuries or lawsuit on social media because you never know who is monitoring your activity.
The Parrish Law Firm, PLLC Can Help
The Parrish Law Firm, PLLC can handle your case while you recover from your injuries. Our Fairfax hernia mesh lawsuit lawyers can protect your rights and fight for fair compensation.