Thousands of hernia mesh lawsuits have been filed throughout the United States over the past few decades. Many have culminated in multi-million-dollar settlements, but is that normal? Are large compensation figures common? How much can you reasonably expect to receive after suffering chronic pain, infection, and injury because of a faulty hernia mesh device?
In other words, how much is a hernia lawsuit worth? What is a hernia mesh lawsuit average payout?
The short answer is that there’s no way to be sure. Every case is different. So far, settlement figures have ranged from $2 million to $200 million, but the exact amount depends on everything from the severity of the injuries to the number of plaintiffs involved. It’s rare that any one individual recovers more than a few million dollars. Most get significantly less—somewhere in the range of tens of thousands of dollars. There really is no way of figuring out what is the average settlement for a hernia mesh lawsuit.
Without knowing the specifics of your case, a lawyer can’t tell you how much you’re likely to receive, if anything. That being said, you can estimate your chances of obtaining a fair agreement or verdict by understanding what factors determine hernia mesh settlement figures and by examining past lawsuits.
Before thinking about specific dollar figures, you first have to understand the types of compensation you can receive in a surgical mesh product liability case. When someone sues a medical device manufacturer, they may receive compensation for:
Covers hardships that may be difficult to quantify, including:
This covers quantifiable expenses, such as:
The goal of compensatory damages (both general and special) is to make the injured person “whole” again, to the extent that’s possible with a financial reward. The purpose of punitive damages, on the other hand, is to punish the guilty party, thereby alerting the public and setting an example. It’s important to note that a person can only sue for punitive damages in cases where there has been clear wrongdoing on the part of mesh manufacturers.
In short, there are numerous factors involved in a hernia lawsuit. That’s why it’s difficult to determine a hernia mesh lawsuit average payout. Always ensure that your attorney is aware of all the factors mentioned above that might influence the amount of compensation you may be awarded.
Hernias, characterized by the protrusion of an organ or tissue through a weak spot in the wall of a body cavity, can be a source of discomfort and pain for many individuals. They are especially common in the abdomen or groin. One common approach to treating hernias involves the use of hernia meshes, which are medical devices designed to reinforce the weakened area and promote tissue healing. However, while hernia meshes can be effective in aiding the recovery process, they are not without their own set of potential complications.
Hernia meshes come in various types, each designed to cater to different patient needs and the nature of the hernia. The two primary categories of hernia meshes are synthetic and biological.
While hernia meshes can significantly improve the success rates of hernia repairs, they can trigger medical complications, particularly when these devices are not properly implanted or if the patient’s body reacts poorly to the mesh material. Some of the complications associated with hernia meshes include:
Hernia meshes have revolutionized the field of hernia repair by providing effective support and promoting tissue healing. However, there is no doubt that certain individuals have faced severe complications due to manufacturing defects. People in this situation may qualify for financial compensation.
There is no way to estimate the exact dollar figure you might receive in compensation for your injuries. Nevertheless, with the help of a lawyer, you can evaluate the strength of your case based on a number of known factors, namely:
The best way to anticipate future settlement awards is to look at past cases that have gone before state and federal courts. Unfortunately, it’s almost impossible to provide a figure for the hernia mesh lawsuit average payout since there are so many cases and since many settlement figures never see the light of day.
On the other hand, many cases have gained public notoriety. Here are just a few of the settlement figures involving hernia mesh and transvaginal mesh implants, which are similar in many ways to hernia mesh devices and often made by the same manufacturers.
2014 – Boston Scientific
Jury awarded one woman $34.6 million.
2014 – Endo International
Settled approximately 20,000 lawsuits for $830 million ($41,500 per case).
2015 – Boston Scientific
Settled approximately 3,000 cases for $119 million ($39,666 per case).
2015 – C.R. Bard
Settled approximately 3,000 cases for $200 million ($66,666 per case).
2016 – Johnson & Johnson
Settled thousands of cases for $100 million.
2017 – Johnson & Johnson
Jury awarded one woman $20 million.
2017 – Johnson & Johnson
Jury awarded one woman $13.5 million.
When evaluating a product liability lawsuit, you need to consider both the damages you suffered and the culpability of the manufacturer. An experienced hernia mesh lawsuit lawyer can not only help you assess your own losses but also give you more insight into the specific mesh product used, the blameworthiness of the manufacturer, the number of hernia mesh recalls ordered by the FDA, and other factors that might influence the outcome of the case.
If you were implanted with a flawed mesh product that caused you pain and injury, contact Saunders & Walker P.A. Our law firm has years of experience helping clients win transvaginal and hernia mesh litigation and mesh settlements.
Call 1-800-748-7115 today or fill out our secure online form to schedule a FREE consultation.