Product Liability Lawyers Assisting Residents of Jackson and Surrounding Areas
Hernia mesh is a type of medical device that is used to provide a patch for hernias. The patch is placed over the hernia during a surgical procedure. The patches can be made from a wide variety of materials, including animal tissue or other synthetic substances. These products are advertised as being easily accepted by the body, but in recent years, several device manufacturers have needed to initiate recalls of their hernia mesh devices, due to the widespread development of dangerous side effects and unintended symptoms. As knowledgeable Jackson hernia mesh lawyers, the attorneys at Coxwell & Associates can counsel victims and their families about their rights following a painful surgical revision procedure. It can seem daunting to bring a product liability claim against the company that manufactured the device that caused your injuries and losses. We will stand by you through each step of the process and help you pursue the settlement or the judgment that you deserve.
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There are several different brands of hernia mesh that have been involved in recalls and widespread product liability litigation. Some hernia mesh products that the U.S. Food and Drug Administration has recalled specifically include the Kugel Hernia Patch, Proceed hernia mesh, Physiomesh by Johnson & Johnson, and C-QUR Surgical Mesh. There are many different complications that can arise when it comes to a hernia mesh device. One of the most common complications is the unintended migration of the mesh from the site of the implant to elsewhere in the body. Some of the symptoms that may indicate a complication include internal bleeding, hernia recurrence, severe pain in the abdominal region, infections, intestinal blockages, liver failure, and high fever. These symptoms may not manifest immediately after the surgery, with some cases showing symptoms as long as five years after the original implantation.
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There are many different legal claims that a hernia mesh attorney at our Jackson firm can help you assert against a product maker to pursue compensation for the injuries that you sustained as a result of using the device. The most common theory of liability is called product liability. This is a strict liability standard that simply requires the plaintiff to show that there was some type of defect associated with the product.
There are three types of defects that Mississippi courts have recognized. First, a design defect involves a defect in the way that the product was designed that renders it unsafe. Second, a manufacturing defect involves situations in which the specific product that you received deviated from its intended design in the manufacturing process. Finally, an informational defect represents a lack of appropriate warnings or instructions regarding how to use the product. Regardless of which theory of recovery you pursue, you must also show that you suffered an injury and that the defect was the direct cause of your injury, as well as demonstrating that you were using the product in the manner that the manufacturer intended or in a foreseeable manner.
A Jackson hernia mesh attorney can also help you assert a basic negligence claim against a device manufacturer. This requires proving that the manufacturer failed to use appropriate care and skill in designing, manufacturing, marketing, or providing information for the device. Unlike the strict liability standard used in product liability cases, in a negligence claim, the plaintiff must prove that the manufacturer’s conduct fell below the applicable standard of care.
Finally, Mississippi also recognizes express and implied breach of warranty claims, which involve showing that the manufacturer made express warranties about the product or that it failed to comport with the buyer’s reasonable expectations.
A plaintiff who is successful at establishing liability in a product liability, negligence, or breach of warranty claim can obtain damages for their medical expenses, pain and suffering, lost wages, and estimated future costs, such as ongoing medical care needs and reduced earning capacity.
Experiencing painful complications and potentially permanent physical disabilities as a result of a defective medical device can be a devastating event for a victim and their family. At Coxwell & Associates, our compassionate team of product liability lawyers is ready to assist you with evaluating your potential claim and pursuing the amount of financial support that you are legally entitled to obtain for your injuries. We can assist with all phases of the process, including gathering evidence, negotiating with insurance companies, and going up against major medical device manufacturers. To set up your free consultation, call us now at (601) 265-7766 or contact us online.