A defendant could make a few defenses for the claim made against unsafe hernia mesh products. When you file a lawsuit against a large manufacturer of hernia mesh devices, the manufacturer would use his well-resourced and aggressive team of lawyers to fight the claim. Their lawyers would have the interest of the company in their minds. If you win the lawsuit, it would hamper their interests. Therefore, rest assured they would be throwing everything at you.
However, not all lawyers would have the skills and resources. However, they may have valid defenses. Such defenses would be inclusive of the following –
- Your assumption of the risk of resulting injury
You chose to accept hernia repair surgery using mesh products rather than opting for sutures. Therefore, you had assumed the risk. If you were aware of all kinds of risks involved in an application of mesh for your hernia repair, the defendant would have a likely defense.
- The injury occurred due to another reason
The defendant would take the defense of your injury resulting due to another reason, rather than the claim made by you that mesh products caused the injury. Most patients undergoing surgery for hernias have other health conditions and ailments. One of such conditions could have resulted in whatever injury you believe had caused due to a mesh implant. In the event, the defendant could demonstrate another health condition or any other thing that caused your injury; it could be a good defense.
- Your behavior caused the injury
The product did not cause the injury, as you were provided a care plan. However, you chose not to follow it accordingly. You may be supposed to remain in bed or restrict your activities, but you chose to go out or play a sport. Regardless of the reason, if your conduct could be traced back to your injury; the manufacturer or the defendant could use it as a defense.
- The expired statute of limitations
These would vary according to the state. It could range from one year to ten years from the implant was inserted or from the date the injury was discovered. Regardless of the time you have, rest assured it would be less. Therefore, consider looking for legal counsel immediately to understand the rights initially. Moreover, you should know how long you have to file a lawsuit. Evidence in such cases would disappear or be harder to discover with time. After the expiry of the statute of limitations, you have no recourse. The defense would win and you do not get the deserved compensation.