July 31, 2019

What Do Michigan Hernia Mesh Lawyers Do?

Thousands of patients have filed hernia mesh lawsuits via a personal injury lawyer since 2005 due to complications and serious side-effects post hernia-surgery.

What went wrong?

Your doctor diagnosed yourself, or a loved one with a hernia and recommended surgery – a ubiquitous and usually a simple procedure, with over a million performed per annum and 90% using hernia mesh. After discussing the pros and cons, the surgery was performed; you thought it was the end to the pain and suffering and potential complications from a hernia causing a blockage. Only it was not. Serious side-effects ensued post-surgery, and maybe there were multiple follow up surgeries.

What caused all this pain and suffering? Was it the hospital’s, the doctor, the device? So many questions and so many possible answers, and where does one start to try and figure this all out?

This is when you call your personal injury lawyer or an even better one that is a specialist hernia mesh lawyer, that can assist you in evaluating your case. Medical malpractice cases can be lengthy and expensive to litigate. Filing a claim provides you the opportunity to get fair and just compensation for losses; most reputable firms will work on a contingency basis. There are a lot of paperwork, legal rules, and applications that govern medical malpractice cases.

What is a hernia mesh lawsuit?

Due to the high rate of serious complications following hernia mesh surgeries, the FDA (U.S. Food and Drug Administration) made the following statement in April 2016.

‘Many complications related to hernia repair with surgical mesh that has been reported to the FDA have been associated with recalled mesh products that are no longer on the market. Pain, infection, recurrence, adhesion, obstruction, and perforation are the most common complications associated with recalled mesh’.

Patients allege the products were faulty in design, by manufacturing, in some cases, fake products, and that the companies failed to adequately warn surgeons of potentially serious complications.

Steps in a medical malpractice or medical device liability suit include:

Filing a complaint

Your allegations will be fully investigated by your attorney, who will make applications for the medical, hospital, employment, manufacturing records, and much more to help determine the cause(s) of the problems. Knowledge of current lawsuits in the field is vital, as you may be able to join existing class-actions or MDL’s to speed things up and enjoy the fruits of their prior investigations into liability.

They will prepare the complaint with details regarding the facts surrounding the complaint, and an outline of the relief claims. Compensation calculations are complex issues relating to lost wages, expenses, travel cost, medical costs, and pain and suffering.

Once the complaint is filed, the defendant gets the opportunity to respond to your allegations.

Pre-trial discovery, depositions, and motions

Your attorney will request documents regarding the details of the investigation and prepare interrogatories (written questions) for the defendant to respond to. Depositions will be taken (oral evidence and answers) under oath with a court reporter documenting proceedings. The defendant will do their interrogatories and depositions.

Your attorney may file pre-trial motions to exclude evidence, clarify procedural issues and other requirements. There may be several hearings on these motions.

Trial

Your attorney will present your case in court, cross-examine and counter cross-examine witnesses, and make arguments on the merits of your case and requested compensation.

The jury will retire to decide on the verdict, render a verdict after which the judge enters judgment as such. The judgment may include a monetary award if you win the case.

The trial, depending on the complexity of the issues and the number of witnesses, may take several weeks.

Post-Verdict or Appeal

Your attorney or the defendant may file post-trial motions to set aside verdicts or to appeal. Otherwise, your attorney will work with the defendant to secure compensation if the manufacturer lost the case.

The attorneys may agree on a settlement amount at any stage during the pre-trial or trial period.

Tim is a writer and editor who earned his Bachelor of Arts in Journalism from the University of Maryland and calls Washington, D.C., home after spending most of his adult life in the country’s capital. Although Tim spent most of his post-college years in the restaurant industry, he became interested in writing about legal matters after he recently moved to Colombia. Today, Tim writes professionally about medical malpractice, drug policies, and workplace injuries. Tim is focused on curating his freelancing career and plans to work remotely for as long he can.

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