Do you qualify for a hernia mesh lawsuit? The answer could be yes, especially if you suffered complications such as chronic pain, infection, mesh migration, or additional surgery. Illinois hernia mesh claim requirements are strict, but the 12-year statute of repose may give you more flexibility. A Chicago mass tort lawyer may be able to offer much help and flexibility, too.
Table of Contents
Call Ankin Law today at 312-600-0000 for guidance on the next steps in your case.
Common Complications That May Make You Eligible for a Hernia Mesh Lawsuit
Defective or dangerously designed hernia mesh implants may cause injuries and lead to lawsuits. Common complications that make you eligible for a hernia mesh lawsuit include:
- Chronic pain, especially discomfort that is persistent or that gets worse after surgery
- Mesh migration, where the implant shifts from its original placement
- Internal organ perforation or erosion, which is serious and painful
- Infection, bowel obstruction, hernia recurrence, or adhesions, which often require further intervention
- Revision or removal surgery, which confirms complications and increases your medical expenses and suffering
For example, hernia mesh perforation may affect the bladder and bowel, including the small intestine and colon. Signs of organ perforation may include severe abdominal pain, vomiting, blood in urine or stool, and fever.
If you have experienced these signs, especially if they are tied to a hernia mesh product known for causing complications, you could qualify for a hernia mesh lawsuit.
How Illinois Courts Evaluate Liability in Hernia Mesh Injury Cases
Several factors come into play when evaluating liability in hernia mesh cases.
Product Defect and Manufacturer Liability
Plaintiffs must show that their hernia mesh was defectively designed or made, or that the manufacturer did not provide sufficient warnings about the risks. Some meshes are made with polypropylene. It is a plastic that can degrade in the body or react poorly with tissue, leading to inflammation or infection. Meanwhile, meshes with small pores or that are too rigid may not integrate well with the body’s tissue, leading to scar tissue, pain, and higher failure rates. Many lawsuits say that companies continued to market problematic mesh products despite knowing the products’ risks.
Timing and the Statute of Repose
In Illinois, you generally have up to 12 years from the date of implantation to file a hernia mesh lawsuit. The statute of repose is different from the normal two-year statute of limitations because the statute of repose sets an absolute deadline to file a claim. It starts from a fixed event, such as the date of your hernia mesh implantation, regardless of when you discover the injury. In contrast, a statute of limitations usually starts when you knew or should have known about the harm.
For Illinois hernia mesh cases, the 12-year statute of repose applies because complications sometimes take years to appear. This window that is longer than two years gives patients more time to connect their health problems to the defective mesh and prepare a strong claim.
That said, the 12-year cap exists because lawmakers wanted to give manufacturers and other defendants a point of finality so they do not face the possibility of lawsuits decades after they sell or implant a mesh. Once that 12-year period ends, you generally lose the right to file a claim, even if problems appear afterward.
This can be frustrating for patients with late-emerging complications. A lawyer can explain if you meet Illinois hernia mesh claim requirements or whether exceptions might apply.
If the manufacturer intentionally hid or misrepresented the dangers of a product, Illinois law may allow up to five years from the date you discovered the fraud to file your claim. Some cases involve minors or legal disability when the mesh was implanted. The filing clock might be extended until the person reaches legal adulthood or regains capacity. These exceptions are narrow. In most cases, claims are barred when the 12-year period passes, no matter how severe the injury.
Mass Tort and Multidistrict Litigation
Courts in many states, including Illinois, handle product liability claims through mass tort and multidistrict litigation (MDL). In mass tort lawsuits, many people file separate legal claims against the same defendant for harm caused by a shared product, such as a defective hernia mesh. MDL is a federal process consolidating these similar cases in one court for pretrial proceedings. Both approaches help manage large numbers of complex injury claims and can uncover patterns of negligence or product defects, making it easier to establish liability.
Evidence to Support a Hernia Mesh Lawsuit in Chicago
To build a strong case, you need solid documentation.
Medical Records and Surgical Details
Gather medical records, including operative reports, the date of surgery, type and brand of mesh implanted, and notes on complications or revisions.
Evidence of Complications
Document complications such as chronic pain, infection, mesh migration, adhesions, and injury to organs. Imaging, pathology, and hospital records can help with this documentation.
Proof of Additional Surgeries
If you had to undergo revision or removal surgery, this procedure strengthens your claim. It should show that the mesh directly led to harm.
Link to Known Problematic Mesh Models
It should help if your mesh brand is among those frequently involved in litigation. Lawyers can offer that information as well as hernia mesh lawsuit updates.
Proof of Damages
Track your medical expenses, ongoing treatment, physical pain, emotional distress, lost wages, and other losses. These factors are central to average payout evaluations. Of course, quantifiable damages such as medical expenses or lost wages are easier to track. In Chicago, the median household income is $74,474.
For emotional distress, you can document your experience in several ways:
- A journal that records your daily emotional struggles, sleep issues, anxiety, or depression related to your condition
- Mental health records if you have seen a therapist, counselor, or psychiatrist
- Correspondence that reflects emotional strain, such as texts or emails discussing how the injury affected your personal or family life
- Statements from friends, family, or coworkers who witnessed changes in your behavior or mood
This documentation helps show the impact on your quality of life. This is important for seeking compensation for noneconomic damages.
Payouts in these lawsuits vary based on injury severity, mesh type, location, and documentation. Average hernia mesh lawsuit payouts could be about $50,000, $250,000, or even more than $1 million. Each person’s injuries and circumstances undergo individual evaluation when it comes to compensation.
To work with a hernia mesh injury lawyer or mass tort lawyer, reach out for a free consultation. Ask about the lawyer’s experience with a mesh brand or type. Discuss potential payout expectations, timeline, and contingency. Many lawyers work on a “no win, no fee” basis. Act as promptly as possible. State law gives you some time, but waiting too long may threaten your ability to receive compensation.
Do you qualify for a hernia mesh lawsuit? Contact us at Ankin Law for insight into your eligibility.
