Hernia Mesh Lawsuit Frequently Asked Questions

Hernia Mesh Lawsuit in Canada – Frequently Asked Questions

How do I obtain my medical records?

You can obtain this information by contacting the Health Records Department of the Hospital where the surgery took place. You may ask them to provide you with a product sticker pertaining to your mesh. The product sticker will contain a serial number/lot number that will enable the lawyer to determine the product manufacturer’s name.

How do I know if the pain I’m feeling is related to defective hernia mesh?

Your doctor/surgeon should provide information about how long short-term, temporary pain from the surgery should last. Longer term pain that prompts you to return to your doctor for care and suggestions for additional treatment from your doctor may indicate that you may need surgery to fix a problem with the mesh following an examination. Always follow your primary healthcare provider’s advice and treatment plan.

Who is the defendant(s) in this lawsuit?

The defendant(s) in this lawsuit is a manufacturer of a faulty or defective hernia mesh product. Often, the manufacturer has had to recall the product and patients have experienced serious pain. This lawsuit does not list any doctors, medical staff and/or hospitals as defendants.

How much money will I get?

It is impossible to tell the value of your case at this time. There is a cap on pain and suffering damages that can be awarded to a victim in Canada. At this time it is approximately $365,000 (April 2017), which would be awarded to a paraplegic. This cap increases monthly with the cost of living.

A cap on pain and suffering was established with the supreme court ruling of Andrews v. Grand & Toy Alberta Ltd., [1978] 2 S.C.R. 229.

Are there time limits that could prevent me from joining a lawsuit?

You have two (2) years - from the time you knew or ought to have known with the use of reasonable diligence that the damages you suffered were from the defective mesh - to participate in a lawsuit. Your hernia mesh implant must have been implanted after the year 2000.

What if I don’t think I can afford a lawyer?

Your initial consultation is free. You only pay after being compensated. Our fee is deducted from the settlement amount. If we’re not successful, you don’t pay.

My loved one died from complications due to defective hernia mesh. Could I participate in a lawsuit on their behalf?

Yes. If your loved one’s death was linked to problems they experienced with defective hernia mesh you have the right to sue for wrongful death and for the pain and suffering the loss of their companionship or loss of their earning potential has caused your family.

If something were to happen to me, would my family be able to continue my lawsuit on my behalf?

If you were not able to continue your lawsuit due to disability or death, your family or next of kin would be able to continue with your suit and seek justice for you.

How long do you expect litigation to take?

Hernia mesh lawsuits are estimated to take between three to five years to complete depending on the nature of the case and court timelines.

Is the Hernia mesh lawsuit a mass tort or class action?

Mass tort actions are often the best way to proceed with medical product liability lawsuits where the injuries victims sustain vary widely. Read more about mass tort actions vs. class actions.