Qualities to Look for in a Hernia Mesh Attorney
Legally Reviewed and Edited by: Terry Cochran
Over a million hernia mesh surgeries are performed each year in the United States. However, a study published in 2016 found that hernias were less likely to recur after a hernia repair surgery, but hernia meshes are also associated with a greater risk of long-term complications. If you experience complications as a result of hernia surgery or the hernia mesh device, it’s critical to have an experienced attorney in your corner so you can pursue compensation.
Depending on your circumstances, you may decide to join an existing class-action lawsuit or pursue an independent claim against the hernia mesh manufacturer or the physician who performed your operation. A knowledge hernia mesh attorney from the team at Cochran, Kroll & Associates, P.C., can advise you on the best steps to take based on your specific situation.
What are the Side Effects of Hernia Mesh Products?
Hernia mesh devices have been linked to a number of complications by the FDA. According to federal court filings against hernia mesh manufacturers, the following companies have recalled their mesh devices because of these complications. They are involved in ongoing class action lawsuits:
The 211,000 units of hernia mesh recalled between 2005-2019 in the U.S. has resulted in these hernia mesh complications following surgery:
Infection
If you develop an infection due to a contaminated mesh, you will likely need to have the mesh removed. Infections caused by a hernia mesh before or following surgery can result in various symptoms such as headaches, fever, sweating, and, in the worst-case scenario, sepsis.
Inflammation
The introduction of a foreign object such as a mesh implant can be irritable and cause inflammation in your body. In a study published in JCI Insight, polypropylene meshes for hernia repair triggered foreign object responses.
Mesh Migration
Initially, mesh implants can hold the damaged tissue in place, but they might shrink or move as they age. Migrating meshes can cause organ or intestinal damage, such as bowel obstruction.
Mesh Erosion
Using hernia meshes made of synthetic materials can cause chronic pain and lead to recurrent hernias. As a result of these causes, hernia mesh implant injuries and complications include:
Adhesion
A hernia mesh can sometimes adhere to the wrong area, which can be painful and cause further complications like chronic pain during strenuous activities. Several complications are associated with adhesions to the abdominal wall, including infection, nerve damage, discomfort, and bowel obstruction.
Bowel Perforation
A moving or degrading mesh can harm internal organs, including the urinary tract, bladder, and the bowels like the intestines and colon.
Hernia Recurrence
You have a significant chance of experiencing a hernia recurrence when your hernia mesh degrades.
Pain in the Groin or Testicles
A migrating mesh may cause testicular discomfort or spermatic cord injury. If there is severe damage to the testicles, removal may be necessary.
Symptoms of Hernia Mesh Failure
When you notice these symptoms following a hernia mesh surgery, it’s time to start looking for an attorney to represent you. Certain hernia mesh complications share common symptoms, but some are more serious than others. If a hernia mesh implant failed, the symptoms can include:
- Inability to urinate or pass gas or stool
- Swelling, bruising, or excessive pain
- A high fever of 101ºF or higher
- Redness or drainage at the site of the incision
- Flu-like symptoms such as nausea and vomiting
- Abdominal stiffness
Hernia meshes are intended as permanent implants, but complications can lead to additional surgeries. Hernia mesh failures require revision surgeries to remove the mesh for bowel perforation or obstruction. Doctors may prescribe medication or surgery to treat an adhesion.
A hernia mesh complication can be a severe issue. If you experience any side effects, it is essential to consult your doctor and an attorney. An experienced hernia mesh lawyer knows the legal process for taking part in the major class-action lawsuits against the three manufacturers or filing a hernia mesh lawsuit independently.
Qualities to Look for in a Hernia Mesh Attorney
A hernia mesh lawsuit can be complex as manufacturers can be liable for issues with their products. The surgeon who implanted the abdominal wall hernia mesh during surgery may also be liable for medical malpractice.
Both lawsuits limit the damages but require medical evidence and expert witnesses to prove mesh failure. A medical malpractice case will involve more legal procedures, including an appearance before a pre-law court screening committee. Additionally, the class actions are nationwide lawsuits, so the process of resolving them could see an extended delay.
A qualified hernia mesh lawyer should take their time reviewing your case and explain how they can help best represent you through this process. It is important to evaluate these qualities during your free consultation before you decide which hernia mesh lawyer to hire.
Reputation and Credibility
Deciding which lawyer to hire can be challenging, but there are ways you can get the information necessary to choose the right person for the job. Considering hernia mesh lawsuits involve significant commitment, choose an attorney from a reliable law firm whose lawyers and staff members are capable and experienced at researching and putting together hernia mesh cases like yours.
You can start looking at your options by finding out if a lawyer is in good standing with the Michigan State Bar Association. You can ask those who have recently suffered complications from hernia mesh which lawyer they used and when the case was filed. Also, check out online law firm reviews to view the lawyer’s track record and how many hernia lawsuits they have settled on behalf of their clients.
Interviewing as many law firms as possible is worth your time until you find one you feel is a good match for you. When you work with a local firm such as Cochran, Kroll, & Associates P.C., you benefit from our knowledge of medical practitioners in the area and an existing relationship with the Michigan courts.
Experience in Hernia Mesh Lawsuits
You need to ensure that whoever represents you in a hernia mesh lawyer has previous experience with similar cases. Look for an attorney who has worked on cases representing the patient in the hernia mesh lawsuit rather than someone who has defended the doctor or manufacturer who is being held liable.
Having your hernia mesh lawsuit handled by Cochran, Kroll & Associates, P.C., will provide you with the professional legal representation that is required for this type of claim. Our attorneys will request relevant documents to support your claim, prepare interrogatories for the defendant, and represent you in court if your case goes to trial.
Specialized Knowledge
Many legal fields are subject to specialization, including those dealing with hernia mesh lawsuits. Lawyers handling hernia mesh lawsuits generally have experience with mass tort, personal injury, and medical malpractice cases.
Successful hernia mesh attorney lawyers have worked with clients who have confronted hernia mesh complications. They can discuss the types of hernias and the mistakes physicians have made in hernia mesh surgeries that are likely to cause injuries if not done correctly to determine how much compensation you may receive.
Our senior partner at Cochran, Kroll, and Associates P.C., Eileen Kroll, has a unique background in both medicine and law. Her expertise helps her build legal strategies because she understands the client’s case from all angles. Her background as an RN allows her to provide medical insight that can further support your claim.
Friendly and Communicative With Clients
Finding the right lawyer to work with is crucial in determining how well-represented and informed you would be during this trying process. You must find one who has the credentials and can represent your interests and be considerate of what you are going through while fighting for justice in court.
A good lawyer should be approachable, so there isn’t any miscommunication during times where it matters most, like when filing a product liability claim or determining the next steps after your case is filed with the courts. Providing your medical records and personal information to a lawyer is crucial to a successful hernia mesh lawsuit, which may feel awkward at first.
You must have legal representation who understands your case and works with you. You can count on the right attorney to listen, provide reassurance as needed, answer any questions you may have, and help you through the legal process until the case has been resolved.
Transparent About Legal Fee Structure
As you are in a difficult situation with your hernia mesh injuries and complications, you may be concerned about legal fees on top of trying to win compensation for your medical bills and lost earnings. To sue a doctor, a hospital, or a large manufacturer is expensive because these parties have vast financial resources, legal teams, and insurance companies that you need to contend with.
However, an attorney will discuss their legal fee structure, including the contingency, in more detail. If you work with an attorney on a contingency basis, this means if the hernia mesh lawsuit settles or receives a favorable judgment at trial, the attorney takes a certain percentage of what is awarded to you. If you lose your case, then the attorney does not receive compensation.
Choosing a Good Hernia Mesh Lawyer
There are many considerations to be made when choosing a lawyer for your hernia mesh lawsuit. These include credibility, experience in hernia mesh lawsuits, specialized knowledge, and friendly communicative skills with clients.
If you or a loved one has suffered from an injury caused by hernia mesh products, it is important to consult with a reputable and experienced lawyer from the law firm of Cochran, Kroll, & Associates P.C. who can offer guidance on the legal process of your hernia mesh lawsuit. We take the time to get to know our clients to provide them with service tailored to their needs and help determine what course of action is in their best interest.
Our attorneys will always be transparent about how they operate and upfront about any costs associated with hiring us because we want you to feel comfortable throughout this process. We can work with you to achieve the best possible outcome and get compensation for your hernia mesh injuries. Call 1-866-MICH-LAW to schedule a free and confidential consultation.
FAQs
How much can I get from a hernia mesh lawsuit in Michigan?
Pursuing a hernia mesh lawsuit may seem like the best option in light of class action settlements. However, every case is unique considering several factors, including the lawyer’s legal strategy, the seriousness of the hernia mesh injuries and complications, and the resulting medical costs. Your lawyer may assess the financial value of your settlement.
How long does a hernia mesh lawsuit take?
Due to the complexity of these cases, various factors, such as the class action lawsuits and the type of liability assigned in your case, affect the length of the proceedings. An experienced hernia mesh lawyer can provide you with a better understanding of the expected duration of the case.
If I have a hernia mesh lawsuit, how soon can I file it in Michigan?
For medical malpractice claims, the statute of limitations is two years from the date of injury by a healthcare professional. Medical malpractice claims must be filed within six months of discovering the injury. Product liability, including medical devices, has a three-year statute of limitations.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.