Many people may not realize this, but when you decide to sue a hernia mesh manufacturer in a surgical mesh lawsuit, you may have to choose between filing in a state court or in a federal court. While either one can be considered a correct court to file in—only one might end up being the best court to file in.
The first thing you want to consider when choosing which court to file in is the state and country in which the injured patient resides and/or the injury occurred. This information will determine which federal district or state court the case is filed in. In some cases, diversity jurisdiction might exist. This means a plaintiff with a claim of a certain dollar amount may try to sue parties in several different states.
When a defective medical device or product prompts thousands of people nationwide to sue a manufacturer in the federal courts, the Judicial Panel on Multidistrict Litigation may decide to consolidate the cases so that they go through a single court for all pre-trial proceedings. When this occurs, it’s referred to as MDL, or multi-district litigation. The goal of MDL is to ensure that courts are running as efficiently as possible. After the pretrial proceedings, however, these cases are then returned to the individual district courts in which they were filed.
At the moment, there are three hernia mesh products in the spotlight for being defective and causing damage to patients. These are the Ethicon Physiomesh, Omega-3 Hernia Mesh and the Atrium C-Qur. Thousands of patients have been implanted with these meshes and, as a result, are suffering pain, complications and many instances of follow-up surgery. The FDA has recalled several hernia mesh products, including the Proceed Surgical Mesh by Johnson & Johnson. The FDA’s research shows that defective meshes, such as those they’ve recalled, have been the main cause of bowel obstructions and perforations.
If you have been implanted with a hernia mesh and are having negative side effects, hernia mesh lawsuit settlements wants to help by matching you to a qualified lawyer from our nationwide network. With our lawyers as your partner, you know you’ve got someone with the knowledge and experience to fight alongside you, even without pre-payment. It doesn’t matter whether the hernia mesh you have has already been recalled by the FDA or not, if you’re suffering complications then it’s time to start the fight for what you deserve. And that fight begins with getting one of hernia mesh lawsuit settlement Networks’ lawyers on your team.
With our lawyers, you can start the process of becoming financially whole even while the FDA continues its investigations into the potential dangers of the mesh you have. After the fight you can use the settlement or judgment you receive to have the device removed, make up for lost wages or decreased earnings capacity, pay off debt and cover any future medical expenses you may face.