The surgical mesh used in hernia repair surgeries has been shown to cause significant complications and adverse effects in many patients. Meshes have been used in hernia repair surgery since the 1950s. In recent years, the United States has seen a massive surge in hernia mesh lawsuits stemming from mesh failure and complications. 

Several hernia mesh lawsuit cases are very complicated, and it does take years before the lawsuit is settled or even before the mesh manufacturer appears at the negotiation table. Each case is different, so the time it takes to settle the case varies widely depending on the facts and circumstances of the case.

It is critical to note that most cases settle long before they ever see a courtroom. Our attorneys work to secure a fair settlement that accounts for all of the costs associated with treatment and recovery. If the mesh manufacturer refuses to offer a fair settlement, our lawyers will proceed to file a lawsuit. During this process, the cases are settled, or they could go to trial.

Hernia Mesh Lawsuit Timeline

A hernia mesh lawsuit typically goes through several main stages on its way to settlement or to trial. The key stages of a hernia mesh case are as follows.

Filing the lawsuit

Our experienced hernia mesh attorneys help you to file the lawsuit, which begins when certain documents are filed with the court and delivered to the hernia mesh manufacturer (Medtronic) or other liable party. The lawsuit is filed with respect to the jurisdiction’s statute of limitations. In Florida, you have three years from the date the complications were discovered or reasonably should have been discovered to file a claim.

Discovery process

It is where both the plaintiff and the defendant investigate the facts of the case and gather information about each other’s arguments. Discovery tools in a hernia mesh case often include interrogatories (questions that get answered in writing under oath), depositions (sworn testimony in response to questions from our lawyer), and requests for the production of documents, such as medical records and financial information.

Pre-trial motions

Here, motions are used to resolve the hernia mesh lawsuit, which sets the rules for an upcoming trial, or to attempt to end the case. For instance, a motion to dismiss and a motion to compel. 

Settlement

A hernia mesh lawsuit can be resolved by an out-of-court settlement at any point in time. Both parties may settle on their own or through court-ordered attempts at resolution, such as mediation, which may lead to a settlement.

Trial if no settlement

In some instances, settlements haven’t been reached, and the hernia mesh lawsuit will proceed to trial. At the time of trial, our attorneys from People for Law will outline all details of the case in front of a judge and jury. Then the defendant gets to counter that evidence and present their own. Witnesses were called to testify. Both the jury and the judge will announce the findings regarding both liability and damages.

Conclusion

At times, hernia mesh lawsuits are known for being complex. Some of the phases, like the discovery process and pre-trial motions, will take longer than they might in less complicated hernia mesh lawsuits. Even the court’s calendar does impact the lawsuit timeline. If the docket is clogged, hearing and trial dates could get pushed back. Our experts from People for Law have the experience, skills, and resources that are needed to hold the hernia mesh manufacturers accountable. Contact our experts and reach out to us online to schedule a free, confidential, and no-obligation consultation so you can discuss your legal options.