Compensation For Surgical Mesh Injuries Can Be Significant
UPDATED: June 19, 2018
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If you've been injured by the Bard Avaulta or similar product, you may be entitled significant compensation. Here are the types of surgical mesh injury compensation for which you may be entitled:
- Past & Future Medical Expenses. Damages in personal injury and product liability cases can include things such as past and future medical expenses that are related to the product defect. So for instance, depending on the side effects or the particular problem the patient had with the surgical mesh, expenses to have the device removed and any expenses for any kind of reconstruction surgery attempting to correct the in-growth and the disfigurement .might be possible. Future medical expenses, which may arise if additional surgeries are needed later on might also be sought.
- Past & Future Earnings. There would also be the potential to seek loss of past earnings if the patient was unable to work because of the product defect as some of the side effects can be debilitating. If the product defect takes you out of work, then you would make a claim for the lost income that you could prove. The same is true if it creates an ongoing disability, a possibility the FDA has said that it has seen in adverse event reports. In fact, it has reported that many people have have serious life-changing injuries which resulted in the ability to earn money. So, it your injury takes you out of your job in the future or makes it so you can't do what you did for a living, then that would be a category of damages.
- Pain & Suffering. There is also what we call non-economic damages which would be damages for pain (because a lot of these side effects are pretty painful) – and for suffering due to the embarrassment as some of the resulting injuries from this thing lead to disfigurement. The emotional distress caused by these side effects can be horrific, and you may be able to recover damages for it.
- Loss Of Constortiom. Another form of damages which might be available is for the loss of consortium. This loss of comfort in society claim belongs to the spouse of the injured party and is about a loss of sexual contact with the spouse and the day to day activities that the couple enjoyed doing together, but no longer can.
That being said, it's important to understand that asking for loss of consortium damages opens the door, so to speak, to questions about the couple's intimacies, sex life and interpersonal relations. That can be a downside and the issue should be discussed with your lawyer in depth before deciding whether to go forward with that part of the claim.
Loss of consortium is a claim that a surgical mesh attorney faced with that situation will counsel their clients about and then the clients will make their individual decisions about whether they really want to go into personal details of their sex life during the course of a lawsuit.