This is a common question asked by many injured parties and the answer is not always yes. Understanding your case and knowing whether you qualify for a transvaginal mesh lawsuit is important. Below are some important factors to consider when deciding whether or not you should file suit for your injuries.
With any type of transvaginal mesh injury the depth of your injuries will be severe. It is not enough to merely have the mesh removed. Often times the cost of surgery and potential complications can be unknown or serious. While you may not have serious complications now, it is possible that they will develop sometime in the future.
Cost of Recovery
What is the cost for your recovery? Whether it is time needed to heal, continued medical treatment or other associated costs for recovery. It is important that the responsible parties be held accountable for these types of injuries. Patients who ultimately suffer injuries were not aware of the potential complications, therefore they should not be required to pay such costs. It is un-ethical and unfair to have unknowing patients shoulder the costs from such defective products.
Future Cost of Care
What are the potential future medical costs? Will you require additional surgery? Is there long term complications requiring medical support and or treatment? These are all valid questions which need to be answered. Knowing the future cost of care is important to evaluating your case. If you are uncertain about these costs speak with you primary care physician and attorney.
This is an important question. While we cannot provide a accurate value of your case without knowing all of the facts, here is list of some past settlements. It is important to note that your case may not be similar in terms of facts. Evaluating your case depends on a number of factors including pain and suffering, income, injuries and more. To better evaluate the case more specific questions will be asked.
Calculating Damages for your Vaginal Mesh Defect Injuries
There are multiple factors used to calculate your damages. This includes pain and suffering, medical expenses, loss of work and other related costs associated with the transvaginal mesh surgery.
Pain and Suffering
This is one factor used to calculate damages. What is pain and suffering? This refers to any type of pain and or suffering you have endured or sustained as a result of this procedure. It can include the removal of the mesh and the pain suffered as a result of the mesh deteriorating. While there is no exact figure used to calculate the value of pain and suffering courts have applied certain methods of calculation. Undoubtedly there is considerable amount of pain associated with having to endure surgery to remove the mesh. As well as the pain associated with having to cope with the harm caused by the deteriorating mesh.
You can recover your medical costs. This includes surgery cost, hospital or doctor visits and other related medical treatment and care associated from the use of the defective transvaginal mesh implant. Visits to the doctor and any cost of surgery are included. Surgery is often times the only way to remove defective transvaginal mesh or bladder slings. These surgeries can be costly, dangerous and painful. It is not the obligation of the injured party to pay these cost. Thus, any settlement award should include such costs.
Loss of Income
Loss of wages can include any income lost in the form of salary or wages. Generally speculative damages are not permitted. Speculative damages refer to damages which are not clearly proven. However, any loss of work evidenced through pay stubs and other evidentiary proof is sufficient. If you have suffered a loss of income or employment from your injuries, you are entitled to compensation for your injuries.