What is surgical mesh and what is it used for?

Surgical mesh is the name used for the product which was surgically implanted to attempt to cure your condition, usually pelvic organ prolapse. The attached document gives a list of the type of mesh used by several manufacturers. The mesh is purportedly designed to graft to your muscle tissue or connective tissue, to prevent your internal organs from shifting or exerting pressure on other organs. The mesh is supposed to stay in the surgically implanted place, however numerous occurrences of the mesh actually shifting and causing damage have been reported.

What if I don’t know what type of implant was used?

Do not worry. Many times, surgeons don’t inform their patients of the specific type of implant being used and the manufacturer of that implant. We can assist you in determining what type of product was used. As long as we can determine where the surgery took place and who the surgeon was, we will obtain your medical records and those records will inform us as to what product was used. These records will be necessary to prosecute your case anyway, so do not worry if you are unaware of what specific type of implant was used or who it was made by.

Do I have a lawsuit?

Every individual case is different. We will do a thorough review of your medical history, the symptoms complained of, and the facts of your particular case before we can make a final determination.

Where will my case be filed?

Your case may not be filed in your home town, or even in your state. We will help determine where the appropriate jurisdiction for filing is based on the individual facts of your case, and the opportunity to achieve the best results for you. Even if your case is not filed in your home state, it is unlikely you will have to travel.

How long will my case last?

Every case is different. Much depends on how quickly we can get information exchanged between us and the Defendant, and how quickly we can get various things scheduled which are necessary to ensure the most complete recovery for you. These cases involve complex medical devices, and there will likely be expert testimony involved in addition to the review of potentially tens of thousands of pages of medical device specifications, testing, and clinical trials. This process takes time. Your case is also a civil case, so there is no Constitutional guarantee of a speedy trial. Rest assured, however, that we will work as efficiently and speedily as we can to ensure that your case does not take any longer than necessary. As always, if you have any questions regarding the status, don’t hesitate to call us.

Will my case settle or go to trial?

This depends on a multitude of factors, including what type of demand we make to the Defendants, the types of injuries involved, the type of device implanted, and the type of surgical operation, among other factors. It is true that many Defendants will attempt to settle before trial, but we never make that assumption. We will prepare your case as if we are going to trial, and will react accordingly to any offers of settlement. You should be aware, however, that as this is your case, any decision on settlement is ultimately yours. We will inform you of all offers to settle, and give you our advice, but that decision will be one that only you can make.

Am I in a Class Action?

You are not a member of a class action. Your case may be grouped with other cases, as the Courts, to promote a judicious use of resources, will often combine similar cases for some purposes such as document production. Obviously, if other victims have the same type of device implanted, it is more economical for the production of thousands of documents if that process can be streamlined. But your case is still an individual case, and will be treated as such for trial purposes. While your case may be part of a group during pre-trial discovery phase, you will be treated as an individual for all other purposes.

What will it cost me to file this lawsuit?

Nothing. You will owe no money up front. We will handle the costs of prosecuting this litigation, from document production to payment of expert witness fees. In the event we recover on your behalf, we are entitled to have those costs repaid, in addition to our fee.

What do I do after signing my contract?

After you sign the contract, you should send it back to us in the envelope provided. You may keep the folder to help you organize documents in the future. We will need to collect certain information from you, and you will be receiving forms to sign from us so that we can get that information, which includes work history and medical authorizations. We will ensure that any private information we receive from you is strictly confidential, and will only be used for purposes of resolving your claim and NEVER released to third parties. We take your privacy seriously, so you can be assured that we will not utilize your confidential information for anything other than what is necessary to resolve your claim. We will also not ask you to give us information that is not necessary to the resolution of your claim.

What do I do if my question isn’t on this list?

If you ever have a question, even if it is on this list, do not hesitate to contact us. We are always available to assist whenever possible.