Visitor Question

Medical Product Liability Settlement…

Submitted By: Chuck (San Francisco, CA)

I had a triple hernia operation. It turned out the mesh used in the operation was defective. It melted into my internal organs and was so hard it was nearly impossible to get through.

Since the mesh product used in the operation was defective, I should be getting some sort of settlement compensation. I’m wondering what the maximum amount of compensation would be allowed for a medical product liability case like this?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Chuck,

Maximum compensation for a product liability case is dependent on many factors. Some of those factors can be:

• The cost of the original surgery

• The cost of the surgery necessary to repair the damage made by the original surgery

• Any of your lost wages from the date of the original surgery

• Your out of pocket expenses such as bandages, prescription and over the counter medications

• An amount for you pain and suffering

The amount for pain and suffering is a subjective amount normally determined by an extrapolation of your medical bills.

Your lawsuit can be against the manufacturer of the mesh product, the retailer, and the hospital. In addition, your case can include the doctors who performed the surgery. It appears you have a combination of a product liability case and a medical malpractice case.

There are some personal injury cases which may not require the professional assistance of a personal injury attorney. Your case is different. It certainly requires the advice, counsel, and probable representation of a qualified personal injury attorney.

Most will not charge any fee for an initial office consultation. We urge you to consult with one. You have nothing to lose and everything to gain.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 12, 2011

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