Hernia Mesh Lawsuit Settlements

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.

Understanding the Different Types of Compensation

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:

General Damages

Covers hardships that may be difficult to quantify, including:

• Pain and suffering. The first thing to consider is the severity of the injuries. Chronic pain, long-term disabilities, and severe emotional trauma will increase the settlement award.
• Loss of consortium. The legal system compensates family members for the loss of companionship, as well as the lost income they suffer when a loved one dies or suffers debilitating injuries.
• Lost earning capacity. How much might you have earned had you not been injured by a faulty medical device? How long will you be incapacitated? A young person who just started a promising career will receive a more substantial settlement than an older person who has spent many years working in a less lucrative field.

Special Damages

This covers quantifiable expenses, such as:

• Medical bills. How much did you have to pay for diagnostic tests, doctor’s visits, revision surgeries, pain medications, antibiotics, etc.?
• Lost wages. How much work did you miss because you were ill, unable to move, visiting a doctor, or recovering from corrective surgery? As long as a lawyer can show that the injury was responsible for the absence and, thus, the loss of income, they can make a case for damages.
• Disability costs. Did you have to hire an in-home care nurse or a housekeeper to manage tasks you used to perform? Did you have to renovate your home to accommodate a handicap? Disabilities can raise the cost of living, and it’s important to include those extra expenses in your compensation demand.

Punitive Damages

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.

Hernia Meshes: The Basics

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.

Types of Hernia Meshes

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.

• Synthetic Meshes – These are usually made from materials like polypropylene, polyester, or polytetrafluoroethylene (PTFE). They are durable and intended to provide long-term reinforcement.
• Biological Meshes – These meshes are derived from organic materials, such as animal or human tissues. They are often used in cases where a patient may have a higher risk of complications due to synthetic materials. Biological meshes tend to be more biocompatible and have a reduced risk of causing inflammation or foreign body reactions.

Complications and Risks

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:

• Infection – If a mesh becomes contaminated with bacteria, it can lead to infection. Infections may require additional surgeries, antibiotic treatments, and extended recovery periods.
• Mesh Migration and Erosion – In some cases, a mesh can move from its intended position or erode into nearby tissues or organs, leading to pain, discomfort, and even bowel obstructions.
• Adhesion Formation – Adhesions are abnormal connections that form between tissues and organs. Meshes can sometimes cause adhesions to develop, leading to pain, bowel obstructions, and other complications.
• Chronic Pain – Some patients experience chronic pain at the site of the hernia repair, often due to mesh-related inflammation. Identifying and managing the source of chronic pain can be challenging.
• Foreign Body Reaction – Occasionally, the body’s immune response to the mesh material can lead to inflammation, discomfort, and complications that require further medical attention.
• Mesh Rejection – Although rare, some patients may experience an allergic or hypersensitivity reaction to the mesh material, leading to rejection and complications.
• Recurrence – Hernias can still recur if the mesh fails to provide adequate support.

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.

How to Evaluate Your Hernia Mesh Case

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 Injury
  • Have you suffered hernia mesh complications such as pain, infections, bowel obstruction, organ perforation, abscesses, or hernia recurrence?
  • Are your injuries minor, serious, or debilitating?
  • Is your pain mild or severe? Chronic or acute?
  • Have you needed revision surgeries to repair the damage caused by mesh implants?
• The Trauma
  • Have you suffered emotional trauma because of your injuries?
  • Did you lose a loved one because of a faulty hernia mesh product?
  • How many years can you reasonably have expected to enjoy their companionship?
  • Has your quality of life suffered?
• The Costs
  • Have you missed work because of your injuries? How much income did you lose?
  • Are you unable to work or hold your previous job?
  • How much did you have to pay for medical expenses? In non-medical expenses?
  • How much income has your household lost as a result of your injury or the death of a loved one?
• The Device
  • Which product was used to repair your hernia?
  • Is it known to have flaws?
  • Does it have a higher-than-average fail rate compared with other hernia mesh products?
• The Manufacturer
  • Did the manufacturer know about the flaws in its product?
  • Did it show a conscious disregard for the safety of others?
  • Should the manufacturer have known?
  • Have previous cases against the manufacturer settled or resulted in a substantial award for damages?
  • Does it seem willing to settle or will the company force the case to go to trial?

How Much Is a Hernia Mesh Lawsuit Worth?

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.

Need More Information?

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.