Hernia Mesh Claims in Los Angeles

What do hernia mesh lawsuits allege?

A recall is not an element of any claim. The allegations commonly concern the material shrinking, hardening, folding, migrating, adhering to the bowel, becoming infected or degrading inside the body. A claim generally alleges one or more of three things:

• Design defect. The mesh was unreasonably dangerous as designed.
• Manufacturing defect. This particular unit was made badly.
• Failure to warn. The risks were known and not adequately communicated to the surgeon or to the patient.

Those are allegations to be proved, not assumptions. Product claims also work differently from a negligence claim, because the focus is on the product and what the manufacturer knew, not on a single mistake in the operating room.

What records should you gather for a hernia mesh claim?

The records that decide these cases are specific and usually obtainable. With a signed authorization, Broukhim Legal PC requests them for you, so that first step is not left to you:

• The original operative report, which names the mesh and the manufacturer.
• The product sticker or implant record held by the hospital, with brand, model and lot number.
• The imaging that showed the recurrence, the adhesion or the obstruction.
• The revision or explant operative report, and notes from each visit for pain.
• The explanted mesh itself. Ask the hospital in writing to keep it: it is often held as a pathology specimen, and examining it can be the most valuable evidence in the case.

If the original surgery was many years ago, or in another country, the firm still reviews what can be obtained. If the hernia came from lifting at work and workers’ compensation paid for the surgery, a claim against the mesh manufacturer is still a separate path.

How long do you have to file a hernia mesh claim in California?

An injury lawsuit generally must be filed within two years under Code of Civil Procedure section 335.1. Timing matters more here than in most claims, because the injury often appears years after the original repair. For injuries that appear later, the two years can run from when the injury and its likely cause were, or should have been, discovered. If you were told for years that your pain was normal, that can matter to the date. Because those rules are applied to the actual dates in your file and not to a rule of thumb, have your dates reviewed early rather than assuming time has run out.

What compensation may be sought in a hernia mesh claim?

No result can be promised, and what a claim is worth depends on the injury, the treatment and the proof. The categories of damages that may be sought include:

• Medical expenses, past and future, including revision surgery and follow-up care.
• Lost earnings and loss of earning capacity.
• Pain, suffering and emotional distress, and the loss of enjoyment of life.
• Punitive damages under Civil Code section 3294 where the evidence shows malice, oppression or fraud.

How much does a hernia mesh lawyer cost?

No fee unless there is a recovery. Broukhim Legal PC takes hernia mesh cases on a contingency fee, so there is nothing to pay up front and the fee is paid out of what is recovered. If nothing is recovered, no fee is owed. The fee agreement is put in writing and signed before any work starts, as California law requires, and it also explains how the costs of running the case are handled. Your first conversation is free, confidential and carries no obligation.

Hernia mesh claims across Los Angeles County

These cases are consolidated in federal or state court rather than heard locally, so where you live does not limit the claim. Broukhim Legal PC reviews them from its office at 550 S Hill Street in downtown Los Angeles. This is one of several implant claims the firm handles: port catheters, copper IUDs and other medical devices are reviewed on the same basis.

Mass tort claims are handled for clients across Los Angeles County and California, and where you live does not limit a claim that is part of consolidated litigation. Browse all mass tort cases we review or the locations we serve, or tell us about your hernia mesh surgery for a free case review.

Meet your Los Angeles hernia mesh lawsuit lawyer

Bejan Broukhim, Founder and Lead Attorney
State Bar of California, license number 183036

Bejan Broukhim brings years of California legal experience to injury and mass tort cases and personally reviews each one. He earned his J.D. at the University of West Los Angeles School of Law, served as a judicial extern in the U.S. Bankruptcy Court and the Van Nuys Superior Court, and appeared in preliminary hearings as a certified law clerk with the Los Angeles County District Attorney’s Office. Every case is prepared from day one as though it will go to trial.

Office: 550 S Hill Street, Suite 1390, Los Angeles, CA 90013, serving all of Los Angeles County and California. Get directions