If you have lost a loved one, you can file a lawsuit on behalf of a loved one who was affected by hernia mesh. Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years in which to file a wrongful death lawsuit on behalf of your loved one.
Hernia and Hernia Mesh Information
According to Mayo Clinic, a hernia is an internal injury that happens when fatty tissue or an organ (like an intestine) breaks through weak parts of the muscle. Although not inherently dangerous, the hernia can cause pain and discomfort, especially when bending over or coughing.
In certain circumstances, hernias can become strangulated, which can be life-threatening. This is why many doctors recommend surgery to repair the hernia before it gets to this stage. This surgery can be performed laparoscopically or through open surgery.
The Uses and Risks of Hernia Mesh
Hernia mesh, also known as surgical mesh, is a medical device often used by surgeons to support the surrounding tissue and to help the hernia heal. Some hernia mesh is meant to dissolve in the body, while other types are meant to be permanent implants.
While hernia mesh can help the body heal and can prevent hernia recurrences, it also comes with risks. According to the U.S. Food and Drug Administration (FDA), defective hernia mesh products have been linked to the following serious complications.
- Obstructed bowels
- Hernia recurrence
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Recourse for the Families of Hernia Mesh Victims
While these defective mesh products are no longer on the market, that does not turn back the clock. These devices were out there, being implanted in people who thought they were taking the best steps to protect their health.
Families may have to face devastating emotional and financial losses after hernia mesh complications resulted in the death of their loved one. If you lost someone you love after they suffered complications from hernia mesh, you may be entitled to compensation for your outstanding medical bills and burial costs, as well as the lost wages and your pain and suffering.
Filing Suit Against the Manufacturers of Hernia Mesh
There are several manufacturers whose faulty mesh has been recalled by the FDA. These are the manufacturers whose negligence may have contributed to your loved one’s passing.
Your loved one’s surgeon can confirm if their implant was from one of these recalled manufacturers. If it was, then you may be able to join one of the ongoing class actions against these companies on the basis of product liability. Your lawyer can assess whether you should join an existing class-action lawsuit against one of these manufacturers or if you qualify to start a new class-action lawsuit against a different manufacturer.
Class-action lawsuits have their own requirements, but a lawyer can guide you through the process of starting a new one or joining an existing one.
Filing a Lawsuit for Medical Malpractice
If your loved one’s death was not due to the defective mesh itself, but to the negligence of the doctors, surgeons, nurses, or hospital administration, then you may be able to file a medical malpractice suit against them for the wrongful death of your loved one.
Unlike a product liability lawsuit against the mesh manufacturers, this lawsuit’s success depends on proving that your loved one’s healthcare providers acted in an unreasonable and negligent way, causing your loved one’s death.
If you feel that there are other parties to blame for your loved one’s death in addition to the mesh manufacturers, then your lawyer can walk you through your options for filing a medical malpractice suit.
Let Loncar Lyon Jenkins Fight for You on Behalf of Your Loved One
At Loncar Lyon Jenkins, we have been fighting for the rights of Texans across the state since 1988. With eight offices and 7,000 clients represented a year, we have the resources you need to build a strong case, all while offering you the personal attention you deserve.
Let us fight to recover the compensation you need after you lost your loved one. Call in the Strong Arm of Loncar Lyon Jenkins today at (877) 239-4878to receive your free consultation and to learn if you can file a lawsuit on behalf of a loved one who was affected by hernia mesh.
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