Every plaintiff should consider a few important aspects before filing a legal claim against the mesh manufacturer. It would be important for your product liability attorney to satisfy several elements to exist in a hernia mesh lawsuit. Despite that, the manufacturer would look forward to defending itself aggressively.
An important question to consider would be how to prove a hernia mesh caused your injuries. You may also consider the aspects for receiving fair compensation. Let us delve into a few vital things before filing a hernia mesh legal claim.
What kinds of defective product claims could be made in a lawsuit?
A person could make three kinds of claims when he or she wishes to sue a company for its manufactured products. A hernia mesh lawsuit is no different. The claims would be inclusive of the following –
- Defective manufacturing of hernia mesh implants
- Defective marketing of hernia mesh implants
- Defective design of hernia mesh implants
Every claim should be proven on its merit when you make it a legal claim. You could make more than a single claim in one lawsuit.
- Defectively manufactured medical products or devices
Medical devices manufactured defectively would be medical products deviating in some way from the other manufactured products. It could be caused due to a problem in the facility or an error caused in the production of the products. Such a claim has been the most common of the three claims. When you come across defectively manufactured medical devices, it could affect only a few products or all products, if all were manufactured when an error occurred during production.
- Defectively designed medical products or devices
Defectively designed medical products may be manufactured according to the blueprint, but the design could turn out to be faulty in some way. Defective designs could involve the way a product has been designed or the defective materials used for the manufacturing of the products. Regardless of how all medical products are manufactured under a defective design, they would be considered defective.
- Defectively marketed medical products or devices
When it comes to defective marketing of a medical product or device such as a hernia mesh, rest assured it may not be easily identified and proven as defective designs and defective manufacturing could. Marketing here refers to recommendations, instructions, lack, or warning, etc. It could also be inclusive of any other information provided to customers for the marketing of the product.