Home » MDL » Defective Medical Devices » Hernia Mesh Lawsuit Loans & Pre Settlement Funding

TriMark Legal Funding has provided plaintiffs with an alternative solution to their financial predicament while they go through the settlement process. In particular, we offer hernia mesh lawsuit loans to help people with MDL or individual cases over defective hernia repair mesh products.

A defective medical device can damage several aspects of people’s lives. If you were a hernia mesh patient who turned into a plaintiff, you’re aware of its negative impact on your body, emotions, relationships, and even mental health. It can get worse if you’re also suffering on the financial end. Find out how hernia mesh lawsuit loans can help you break free.

Hernia mesh trials and settlement negotiations have been pushed back to later dates because of the coronavirus pandemic. However, your bills, expenses, and debt wait for no one. You are in a kind of emergency here, and it requires a flexible, affordable, and fast solution.

A lawsuit cash advance in the form of a hernia mesh lawsuit loan may be what you need.

Unlike traditional loans, lawsuit financing comes in the form of a non-recourse, risk-free cash advance. Plaintiffs can advance their future settlement money, as high as 20% to 50%, to cover their most urgent needs without worrying about steep interests.

Also, we approve cases based on their merits. So credit scores, income history, and employment status have no bearing on our decision.

TriMark Legal Funding guarantees zero application fees and monthly payments. Until you get your settlement check, you won’t be asked to return the advance. If your case does not settle or win a jury verdict, you won’t be compelled to pay it back.

We take all the risks because we believe in your case and that it’s worth fighting for. 

Get hernia mesh lawsuit loan funds quickly by tomorrow. Why keep you waiting when your medical bills, daily expenses, mortgage, car loan, and other payables clearly do not? 

Apply now!

How to Qualify for Hernia Mesh Pre Settlement Funding

Mesh pre settlement funding is one of two financing types offered by TriMark. You are eligible to apply for hernia mesh lawsuit loans if you have a pending lawsuit. Here are the requirements to satisfy:

  • You must be represented by a contingent-fee attorney.
  • You must have sustained severe injuries or complications from at least one hernia mesh surgery.
  • Your anticipated value should net at least $150,000 (gross award less attorney fees, case costs, medical liens, etc.).
  • Your settlement check must be deposited to, and be distributed out of, your attorney’s trust account.

How to Qualify for Hernia Mesh Post-Settlement Funding

The list of requirements is usually shorter for settled cases. Your hernia mesh suit is eligible for post-settlement funding as long as your net minimum value is $60,000 and relevant documentation submitted for faster processing.

What Is a Hernia Mesh?

A hernia occurs when an internal organ or tissue protrudes through a weakened area in the muscle or fascia. The most common hernias happen on the abdominal wall (ventral hernias). Typically, this condition requires a surgical repair to heal. The procedure involves placing a prosthetic material known as the hernia mesh to support the spot that needs to improve. 

Some hernias are too small to undergo repair surgery. Instead, they are treated with laparoscopic surgery. But when pain or discomfort is noticeable, your situation may warrant medical intervention. These symptoms might be a sign to see your doctor immediately:

  • Persistent pain or discomfort from the bulge, especially if it interferes with daily activities or worsens over time;
  • Hernias that enlarge fast;
  • Hernias in the groin that are growing or worsening; 
  • Sharp pain in the abdomen that includes vomiting; and
  • Hernias that disrupt nerves, causing numbness and irritation. 

In 2014, the Association of VA Surgeons conducted a study and found that 350,000 surgery repairs are done each year, and that’s just for ventral hernias. This option is generally safe and effective. However, it has potential complications, as any surgery would have. In particular, mesh repair has been controversial because of the side effects of the mesh material polypropylene.

Hernia Mesh Types

Hernia mesh can be classified into the following:

Absorbable Hernia Mesh

This type, which is made from animal or synthetic tissue, can only reinforce the repaired hernia for the short-term. It will eventually degrade, allowing the new tissue growth to support the repair.

Non-Absorbable Hernia Mesh

A non-absorbable mesh can stay in the body indefinitely. It is considered permanent, providing lasting reinforcement to the repair site.

Synthetic Hernia Mesh

Polypropylene, a synthetic plastic, is one of the most common materials used to make synthetic hernia mesh. Synthetic versions can be absorbable, non-absorbable, or both. They also come in woven or non-woven sheets.

Coated or Composite Hernia Mesh

Coatings may be based on fatty acids, cellulose, or collagen. Mesh makers often market this component as an adhesion-preventing feature. However, the opposite usually happens. The coating comes in contact with the intestines, causing complications.

Animal Derived Hernia Mesh

Hernia mesh materials include animal tissue, usually from the disinfected intestine or skin of a pig or cow. The resulting mesh is absorbable. 

Allegations Against Manufacturers

Plaintiffs of hernia mesh lawsuits often claim that the device has design flaws. It could be that the manufacturer was unaware of the risks or knew but chose to conceal specific details. The use of polypropylene is contentious, for example, because it can shrink, break, or erode. In turn, the patient may experience organ damage or other internal injuries.

While the design of a mesh may be flawless, poor construction may prevent it from functioning correctly. For example, a mesh material is rendered unsanitary and, thus, unfit for use. It may no longer effectively work as intended, even causing severe side effects. In this case, you can pursue a manufacturing defect claim. 

False information and failure to warn are also grounds for a products liability lawsuit. If the company marketed their device without telling patients and doctors of potential dangers, it’s relatively easy to prove through the lack of warning and related information on the label.

Lastly, you may file a medical malpractice claim if the physician who attended to your hernia made any of the following mistakes: improper implantation of the mesh, handling the wrong mesh type, size, etc., and unnecessary application of mesh repair surgery. 

You’ll have to prove that any of these acts were negligent and directly caused your injuries.

Hernia Mesh Lawsuits

Individual and multidistrict litigation (MDL) cases against manufacturers are pending in various courts across the country. 

As of July 2020, there were 8,739 hernia mesh lawsuits in three separate MDLs for the following firms:

Atrium

About 2,241 suits over Atrium C-QUR mesh malfunction were consolidated in New Hampshire District Court, overseen by Judge Landya B. McCafferty. 

The C-QUR hernia mesh product had a fish-oil-derived coating that was supposed to prevent complications. However, some users complained that it did the opposite. It was causing infection rates, pain, and other injuries instead. In 2012 inspections of Atrium plants, the FDA also found manufacturing violations.

Atrium recalled 145,000 C-QUR units in 2013 due to packaging problems.

Bard Davol

In August 2018, 3,591 lawsuits were combined in an MDL over Bard Davol’s polypropylene hernia mesh products. The presiding judges are Edmund A. Sargus, Jr., and Kimberly A. Jolson.

Plaintiffs were suing the manufacturer on two grounds: defective design and defective warning/failure to warn.

Ethicon

Ethicon’s Physiomesh Flexible Composite hernia mesh was the subject of 2,907 cases pending in the Georgia Northern District Court. A federal judge oversees the MDL.

Ethicon is a subsidiary of Johnson & Johnson.

Meanwhile, suits against Ethicon were consolidated in multicounty litigation in New Jersey in August 2018. Discovery deadlines were extended to July 2021.

Individual lawsuits not included in an MDL also exist against other manufacturers. People are suing Covidien, which was bought by Medtronic in 2015, for its defective hernia mesh products. W.L. Gore & Associates also face claims over its defective Gore-Tex DualMesh.

Pending Trials

Before the pandemic happened, hernia mesh MDL bellwether trials had been scheduled. Some of them were moved.

For example, the Ethicon Physiomesh’s first trial is now set in November 2020, the second in February 2021, and the third in May 2021.

The Bard federal trial was slated for September 29, 2020. But the date is still subject to change because of the Covid-19 crisis.

Atrium’s first bellwether trial in Spring 2020 was postponed.

The first bellwether trial for the New Jersey state court cases will be on November 2, 2020.

Settlement Negotiations

Settlements are an option for plaintiffs to take. These are often presented collectively in MDL cases. For example, Bard offered a global settlement of $184 million to people who filed lawsuits over its Kugel Composix hernia mesh. Bard targeted 2,000 cases, putting the take-home amount for each individual at $60,000 on average.

Other manufacturers settled cases as well, although in private. Details about the settlements are not disclosed to the public. Thus, it may not be easy to nail the range of settlement amounts for hernia mesh.

Usually, the mesh maker benefits more from a settlement. Trials are much more expensive for them to pursue. For plaintiffs, knowing the pros and cons of settling can help you understand your options better.

Similarities to Transvaginal Mesh

Surgical or hernia mesh is also used in reconstructive work, such as pelvic organ prolapse (POP) and stress urinary incontinence. Transvaginal mesh shares the same function. That’s because the latter was derived from the surgical mesh applied to said conditions in the 1970s.

Some gynecologists retrofitted surgical mesh into vaginal mesh to support prolapsing pelvic organs. They thought that POP was the female version of hernia. Boston Scientific created the first surgical mesh for this purpose, called ProteGen. The FDA approved it in 1996.

How Long Does It Take for a Hernia Mesh Lawsuit to Settle?

Various factors can affect the timeline of your hernia mesh lawsuit. One of the matters that set it apart from typical personal injury cases is the medical investigation needed to bring an action against a manufacturer to court. Your medical file will be reviewed. Your hospital or surgeon’s track record will be considered.

Aside from a reliable expert attorney, you will probably require the help of a medical expert to testify on your behalf in trials. 

Those things alone can already take years to resolve.

Meanwhile, if your case is a part of a class-action lawsuit or an MDL can, you may be looking at one to three years. Bellwether trials start with a few cases to determine how much compensation is fair and reasonable to the plaintiffs. Defendants may wait for the trial results to determine the figure they’ll bring to the negotiation table.

The jury award for winning plaintiffs can set a precedent to the remaining cases and future settlement offers. But if the defendants win, the settlement offer may significantly drop.

Aside from the usual legal hoops, the Covid-19 crisis also affected the schedule of several trials. Expect prolonged litigation due to the pandemic.

How Do Hernia Mesh Settlement Loans Work?

It’s quick and easy to get hernia mesh lawsuit loans  through TriMark Legal Funding. Just follow these steps:

  1. Apply. Use our online form to apply in two minutes! Or call us, and have one of our friendly legal funding representatives process your application.
  2. Approval. Submit all documents and wait for us to assess your application within 24 to 72 hours.
  3. Receive your cash. Stand by for your application result, which we will send via call or message. If your hernia mesh lawsuit loan request is approved, your funds will be disbursed through your chosen channel in as fast as one to 24 hours.

Apply for a Surgical Mesh Lawsuit Cash Advance Now

Unlike a traditional loan, our mesh settlement lawsuit funding for plaintiffs involves a straightforward application process, reasonable rates, and non-recourse policy. 

Fill out this form or call us toll-free at (877) 932-2628 to have one of our representatives handle your mesh lawsuit loan application.

Apply for a pre-settlement or post-settlement loan today and get your hernia mesh lawsuit loan quickly by tomorrow!

Call us toll-free at (877) 932-2628

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