The FDA and manufacturers have recalled several different hernia mesh products. A recall may be a red flag and an indication that it might be unsafe for a device to be used in hernia repairs. Just because a product is recalled by a hernia mesh manufacturer that does not limit their liability when you make the decision to file a lawsuit. A company still can be held completely accountable for the injuries that their defective products have caused.
A hernia mesh lawsuit can be filed even if your device has not been recalled. Quite often recalls are voluntary and done at a medical device company’s discretion. At other times, a recall will be issued by the FDA if the evidence is overwhelming that it causes adverse effects. It is quite possible that your device is unreasonably safe or defective but still has not been recalled by the manufacturer.
Which Manufacture Made The Hernia Mesh Device?
You will need to know the name of the company that made your hernia mesh device so you will know who should be named as the defendant of your lawsuit. After the attorneys have been able to identify the kind of mesh you have, it should be a pretty straightforward process to find the manufacturer.
Do you need help to determine which company made your hernia mesh implant?
Call our Attorneys to talk with our experienced and skilled legal team. We can help to collect the necessary information to identify who the manufacturer is.
What is the Date that Your Surgery Occurred?
The details from your surgery can potentially be an important factor in your hernia mesh lawsuit.
The attorneys at our law firm can help you determine the following:
* Your surgery date
* Your surgery’s location
* Your hernia repair surgeon’s name and
* The titles and names of others who were part of your medical care.
Mesh Lawsuit Statute of Limitations – When Did You Discover You Were Injured?
When did you start to first start to notice complications or side effects following your surgery? Most importantly, when did you discover ha your hernia mesh device might have caused your injuries? Try your best to pinpoint the specific date, that can be a very important piece of information in your hernia mesh case.
There is a statute of limitations in place that limits how much time you have to file your hernia mesh lawsuit. This type of case falls under the product liability umbrella. The statute of limitations for product liability cases can start to run after you were injured or when you discovered you were injured.
The specific amount of time that you have for filing your claim is set by state law. In a majority of cases, your hernia mesh lawsuit will need to be filed within one or two years of the date that you discovered that your injury had been caused by your hernia mesh device.
What occurs if your claim is not filed before the expiration of the statute of limitations? The courts will refuse to hear your case. That means you will not be able to receive the compensation that you deserve.
To protect your rights, contact an experienced and skilled hernia mesh lawyer as soon as you start to notice any complications following your surgery. Give our law firm a call today to ensure that your rights are protected.