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Many people have had severe complications and adverse side effects as a result of the surgical mesh used in hernia repair procedures. Meshes have been utilized in hernia repair surgery in the United States since the 1950s. Nevertheless, in recent years, there has been an upsurge in the number of lawsuits filed due to mesh failure and complications. It might take years for a lawsuit involving hernia mesh to be settled if the mesh manufacturer even agrees to negotiate.
Furthermore, a hernia mesh lawsuit, like other civil suits involving personal damage, is likely to progress through several separate phases before reaching a conclusion. The length of time it takes to reach a settlement in a hernia mesh case might vary greatly depending on the specifics of the case.
However, keep in mind that the vast majority of lawsuits are settled out of court. Your lawyer can negotiate a payment that adequately covers medical care and rehabilitation. Your lawyer may recommend going to court if the mesh maker does not give a reasonable settlement. If you are involved in a hernia mesh lawsuit or are thinking about pursuing one, here is a general timeline of what to expect.
Hernia Mesh Lawsuits Stages
There are generally many major phases in a hernia mesh lawsuit before it settles or gets to trial. Here are the most important steps in a hernia mesh case:
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Filing the Legal Action
Once it is determined that harm resulted from a hernia mesh implant, a lawsuit can be filed in either state or federal district court. The complaint is the first document filed in a lawsuit seeking compensation for a hernia repair using surgical mesh. To avoid overwhelming the court and the defendant, the complaint should only include the essential facts and legal arguments necessary to establish your claim.
The amount of money you’re suing for after getting hurt by a hernia mesh should also be specified in the lawsuit. Past and future medical costs or lost wages may be claimed as damages, as well as pain and suffering, diminished quality of life, punitive damages, and loss of consortium.
A response is filed by the defendant, who may be the company that made your hernia mesh, the company that supplied it, or even your doctor. The defense explains why they think they are not accountable for your injuries in the response. The statute of limitations in your jurisdiction must be considered before filing your complaint.
Discovery Process
The plaintiff and the defendant both conduct discovery to learn more about the case and the other side’s claims. The discovery process may involve the following:
- Interrogatories – questions that have to be replied to in writing under oath.
- Depositions – evidence given under oath in response to questions asked by a lawyer.
- Demands for providing documents, such as medical files and financial data.
All the aforementioned are frequently utilized as discovery methods in cases involving hernia mesh.
Pre-Trial Motions
The purpose of a motion is to either try to stop the lawsuit, settle a specific issue, or establish ground rules for the impending trial. In the hernia mesh cases, motions on numerous issues are filed by counsel during the pre-trial phase. This might involve petitioning the court to compel the other party to turn over material or objecting to its disclosure. Lawyers can also petition the court to rule on pre-trial motions, which eliminates the need for them to argue specific arguments at trial or dismiss the matter altogether. A ruling on these motions will be issued by the court before the trial begins.
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Settlement
Lawsuits involving hernia repairs might be settled out of court at any time. It is not uncommon for lawsuits to settle before trial. A settlement may be reached between the parties voluntarily, or it may be reached when mediation is required by the court. When a case is settled, the defendant pays an agreed-upon sum to the plaintiff to resolve the lawsuit.
Trial
When negotiations for a settlement fail, a lawsuit may go to trial. At trial, the wounded patient’s attorney presents the whole picture of the case to the court or jury, and the defendant has the opportunity to refute the plaintiff’s claims and offer new evidence. At the conclusion of the trial, the judge will give the jury instructions on the criteria they should apply in rendering a verdict. After hearing all of the evidence, the jury will return with their judgment and, if you win, the number of damages the defendant must pay.
Appeal
The jury’s verdict and/or the amount of damages awarded can be challenged by either party – the claimant or defendant. However, just because you file an appeal doesn’t guarantee the original decision is overturned. Legal mistakes made during the trial constitute the basis for appeals.
In addition, you can file an appeal based on the judge’s mistakes, such as allowing the defendant to submit evidence that you feel should have been rejected or instructing the jury with the improper legal standard. After hearing arguments, the appeal court may affirm the verdict, reverse it, or retry the case.
Final Thoughts
Cases with hernia mesh are notoriously difficult to address. Some of the preceding steps, such as discovery and pre-trial motions, may take more time than they would in a basic personal injury lawsuit. The timetable for a hernia mesh litigation may also be affected by the court’s schedule. A backlog in the docket might cause delays in scheduled hearings and trials.
Apply for Non-Recourse Hernia Mesh Lawsuit Loan Today!
If you have an ongoing hernia mesh injury lawsuit and need cash immediate funds to pay bills and seek proper medical treatment before your case settles, you can apply for a non-recourse lawsuit funding. Contact us at High Rise Financial today or call us on (866)-407-6404 for an initial consultation. Our dedicated team can advise you about your possible lawsuit loan options and assist with your settlement funding application.
Call or text (877) 735-0016 or fill out our form to apply today for free.
