California Personal Injury Lawyers Blog
3 Hernia Mesh Lawsuit Mistakes to Avoid
A hernia is a painful event, that once diagnosed needs to be repaired sooner than later. Once your hernia is repaired with a hernia mesh, you are not out of the woods. If the hernia mesh is improperly implanted or has a manufacturing defect, then you can suffer several different types of infections, complications or issues with the hernia mesh that can directly negatively impact your physical health. If you are interested in initiating a hernia mesh lawsuit, there are going to be three mistakes that you want to take care to avoid. These mistakes are: Not having a cause of action, assuming your settlement will include punitive damages, or thinking you are ineligible to file for a hernia mesh lawsuit because your revision surgical procedure did work.
Not Having a Cause of Action
Most people filing a hernia mesh lawsuit are filing because of a hernia mesh that had a defect in the design of the product, the mesh was manufactured poorly and it failed in the person’s body, or there was an issue that the manufacturer knew about and failed to warn others before it was too late to help. Before you file a hernia mesh lawsuit, you will definitely need a cause of action carefully identified, to be able to successfully go to court with your case.
Assuming Your Settlement Will Include Punitive Damages
How much is your Los Angeles hernia mesh lawsuit worth? All cases where there is a defendant who has been grossly negligent, harmful or acted wrongfully towards others will not get a punitive damages award. Many people are stuck on the “treble/triple damages” statement that is meant to “stick it to” the wrongdoers, to prevent them from ever hurting someone with their product in the future. The idea of treble damages is to painfully economically hurt the wrongdoers in their wallet, to give them the idea of their horrible behaviors and actions, to prevent it from occurring going forward. But the likelihood of triple damages awards are rare in actual cases, even though you can read them in the news, they are hardly ever awarded in the average case. Generally, people are not meant to get a windfall of money for their recovery compensation award. In this respect, triple damages counts as a waterfall of money coming back to you for a wayward defendant with a poorly designed product.
Your Revision Surgical Procedure for a Faulty Hernial Mesh Worked (Thank Goodness)
If you were fortunate enough to have a revisional surgical procedure to repair a hernial mesh that failed, was improperly implanted, or had a design flaw, you are still likely eligible for a hernia mesh lawsuit. Your first cause of action is that first surgical procedure that went wrong. You are entitled to recover compensation for the wrong surgery, even if the subsequent surgery set you to rights over this issue regarding the hernial mesh implant.
If you have questions regarding the worth, value or settlement procedures related to a hernia mesh lawsuit, you need to call our law office today to talk about your concerns. We are here to review your case with you, and explain it in detail without using “legalese” to help you understand what actions to take next. When you want the best Los Angeles hernia mesh lawyer, you want a firm like Walch Law. We are available to take your call at the Law Offices of Gary K. Walch, and you can call us at 866-INJURY2 or 866-465-8792.