Hernia repairs are often done with surgical mesh, which can strengthen the tissue and provide a better outcome for the patient. However, in some cases, there have been problems that arise from these surgeries that leave patients with additional medical conditions that must be addressed.

When a surgical product fails or a medical practitioner is alleged to have committed medical negligence, victims may need to file a medical malpractice or product liability lawsuit. One factor to consider is the average hernia settlements and payouts in Pennsylvania for patients and how these may relate to a workers’ compensation claim for a hernia injury sustained on the job.

Hernia and How They Can Happen

Hernias occur when a bodily tissue is forced through a hole or other area in the surrounding muscle or connective tissue. A portion of fatty tissue, the intestine, or any organ can be squeezed into a space where it doesn’t belong, causing substantial discomfort or the malfunction of an organ. 

Common hernias that workers may experience as a result of a job-related incident include:

• Femoral: Often involving fatty tissue, these occur in the upper thigh and outer groin.
• Hiatal: One of the most common hernias, these occur inside the abdomen, usually near the stomach area.
• Incisional: If you’ve had surgery that left an incision scar, that tissue is naturally weaker and could allow body tissue to protrude.
• Inguinal: These are hernias in the inner groin area.
• Umbilical: This hernia happens in the navel area.
• Ventral: Involving the abdominal muscle wall, these frequently happen when part of the small intestine is forced through the muscle layers.

If you lifted an object that was too heavy, pushed against something, or unexpectedly caused to strain your abdomen or groin, you could wind up with any of these hernias, in addition to other injuries. Although they may not be life-threatening, they should be treated as soon as possible before they lead to any other conditions.

How Are Hernias Treated?

Hernias can be treated in a number of ways. Minor instances may simply be monitored, but if your case involves significant amounts of tissue or an organ such as the intestine, your doctor will likely want to perform surgery. In a large number of cases, they will use a surgical mesh made from either animal tissue or synthetic materials. Animal products will usually dissolve over time, whereas the synthetic mesh will remain in place. With synthetic materials, there is a risk of degradation.

This risk is what has led to numerous class-action, multi-district litigation (MDL), and individual lawsuits against the manufacturers. Something to keep in mind is that you may be eligible to not only have your hernia repair surgery covered by workers’ compensation but also participate in a lawsuit against a manufacturer if it’s proven their product was defective. 

The chance of joining a class action suit will be based on who manufactured the product used during your surgery, the complications you experienced, and whether you meet the class requirements. To understand the details, you should consult with an experienced and knowledgeable attorney.

How Much Is My Hernia Case Worth? 

The average settlement or payout for a hernia case is always changing, thanks to ongoing cases in the courts throughout 2023. Thousands of victims have filed lawsuits against manufacturers to seek damages for defective products and the resulting medical harm they suffered. There are three major class-action or MDL cases in the courts right now that could result in large settlements for members of the class.

However, if you are filing an individual lawsuit, your settlement amount or jury verdict will depend on the actual damages you’ve experienced. If the manufacturer is shown to have been negligent in other lawsuits, you could use this to your advantage to request punitive damages. 

Generally, your damages will be similar to other personal injury lawsuits, including losses such as:

• Additional surgeries, such as hernia mesh revision
• Anxiety, depression, and PTSD
• Loss of enjoyment of life
• Lost wages and benefits while you recover
• Medications and medical devices
• Medical bills
• Pain and suffering
• Permanent disability
• Trauma and complications to other organs
• Treatment and therapy costs

In general, you can expect your settlement amount to range between $65,000 and $80,000 to cover your additional damages from a faulty hernia mesh. However, each case is completely unique and will have specific circumstances the court will take into account. Building the strongest case with a chance of the best possible outcome requires the help of a skilled attorney who understands the law and how it can work for you. 

How Long Does It Take to Get a Hernia Mesh Settlement? 

Individual lawsuits can take between a few months and a few years, depending on the details of the case. In Pennsylvania, the general statute of limitations for claims like this is two years from the day you discovered the problem with your hernia mesh repair. In some instances, there may be exceptions to this deadline, so check with your attorney when discussing your case.

For large class-action suits, getting your settlement can take even longer. These cases are often tied up in litigation for years at a time, meaning you must wait longer than usual. However, since you are part of a class that is dependent on many lawyers arguing the case for your benefit, it means you pay less in legal fees to receive a satisfactory settlement. The decision of whether to file an individual lawsuit or join a class is a difficult one, but scheduling a free consultation with an experienced attorney can give you more information to make your choice.

How Do I Qualify for Hernia Mesh Settlement?

For individual cases, you qualify when your attorney successfully argues your case and wins. With class-action suits, you must meet the requirements laid out for members of the class. These typically involve providing proof that you had the surgery with the product in question and experienced a negative outcome. 

To find out if you qualify for any ongoing hernia mesh class-action or MDL cases, you can speak with an attorney at Krasno, Krasno & Onwudinjo. We can examine your case and research current legal actions to determine if you are eligible. If not, we can assist you with adding the expenses for your additional treatment to your current workers’ compensation claim. 

If you are eligible, we will coordinate with the lead attorneys to ensure you are included. We will collect and prepare the necessary documentation, receipts, and other evidence to demonstrate your claim. We’ll also keep you updated on the progress of the actions so you know when to expect a settlement and how much. With our team on your side, you can rest easy and focus on recovering from the losses you’ve suffered from a defective hernia mesh product. 

Reach Out to the Attorneys at Krasno, Krasno & Onwudinjo for More Help Today

When you are unsure of where to turn or what to do in matters of the law and benefits, turn to our team. We are dedicated to helping workers get the compensation and justice they deserve, no matter who has wronged them. We fight for workers every day and offer over 85 years of background and experience to tackle your case.

We have a superior track record, winning over $1.5 billion in settlements for over 300,000 workers in Pennsylvania. Our team of lawyers is committed to achieving similar results for you, whether it’s for hernia mesh cases, workers’ compensation claims, or Social Security Disability benefits. You can concentrate on getting better and getting back to your life while we fight fiercely on your behalf for the financial relief you need to support yourself and your family.

Don’t hesitate to contact us and schedule a free initial consultation to understand more about your options. We are ready to help and look forward to reviewing your case today.