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Hernia Mesh Strategy For Filing a Lawsuit

Preserving the failed hernia mesh to prove its manufacturer is essential as is securing financing while out of work

Wednesday, April 29, 2020 - Individuals that have had their hernia repaired using surgical mesh have reported the device failed soon after surgery and were left in constant pain, severe infection, intestinal perforation, and serious life-threatening blockages. Patients have also experienced nerve-damage throughout the lower torso and legs that can be so severe as to render one unable to walk. Researchers into the efficacy of the device indicate that the FDA's fast-track approval system may have enabled a sub-standard medical device on to the market. The fast-track system was intended to allow critical, life-saving medical devices to quickly make their way to treating patients but the system has been abused by companies seeking quick profits. All a new medical device manufacturer needs to do is to prove that it is similar to another one already on the market regardless of whether or not it has failed and been recalled, to get FDA approval. Most physicians and patients would be shocked if they knew the lack of due diligence and medical device testing performed by the FDA that is trusted to protect hernia patients from receiving hernia repair mesh that was made from sub-standard materials like polypropylene plastic.

Individuals that have had hernia repair surgery using hernia mesh and are contemplating having revision surgery to remove the failed medical device and are experiencing pain may wish to consult a hernia mesh attorney and file a claim against the device's manufacturer. If you have been hospitalized post hernia surgery and experienced internal bleeding due to the device migrating away from the hernia and perforating the abdominal wall, bowels, or intestines, or having caused infection at or around the site of the initial hernia repair mesh incision, you may qualify to file a claim. Hernia mesh manufacturers that are being held financially liable for rushing a sub-par medical device to market include Ethicon, a division of Johnson & Johnson, CR Bard, Gore Medical, Atrium, and others. Most attorneys that take your case will do so on a contingency fee basis meaning that most of your costs will be born by the attorney and you pay nothing out of pocket until a settlement in your favor is reached.

Some people may qualify for a hernia mesh lawsuit loan to help one through the period when they are disabled and their lawsuit is pending. According to Legal Reader, non-recourse funding for your lawsuit may be available. "Every plaintiff needs some financial aid during a pending lawsuit. Either they take up personal loans or fall under the traps of credit cards. But with an increasing number of the lawsuit regarding hernia mesh claims, lawsuit funding companies have introduced a form of non-recourse structured settlement funding in form of hernia mesh lawsuit loans." According to Legal Reader, the amount which you can receive depends on the strength of your case and the severity of Injuries, the type of surgical mesh used, your medical expenses, and lost wages. A patient must request that the hospital where their hernia mesh is removed to preserve the specimen and send it to a medical research facility in Florida for safekeeping to be used as evidence at trial. Failing to do so could cause difficulties for the plaintiff trying to prove who is the manufacturer of the failed device.

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OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. OnderLaw has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others. OnderLaw has won more than $300 million in four talcum powder ovarian cancer lawsuits in St. Louis. Law firms throughout the nation often seek its experience and expertise on complex litigation.