How to Preserve Evidence in a Hernia Mesh Injury Case

Evidence Folder Used in a Hernia Mesh CaseThe surgical mesh that was used during your hernia repair surgery has failed you. You are left in pain and potentially with serious complications such as a dangerous infection, bowel obstruction, or bowel perforation. You may require additional surgery, and you may suffer from chronic medical problems.

You may be able to recover financial compensation from the hernia mesh maker if you can prove that the pharmaceutical company was negligent in one of the following ways:

  • The pharmaceutical company negligently designed the hernia mesh.
  • The pharmaceutical company negligently manufactured the hernia mesh.
  • The pharmaceutical company negligently marketed the hernia mesh by failing to provide appropriate warnings to medical professionals and patients.

To prove one of these three theories of pharmaceutical company negligence, you will need evidence that convinces the pharmaceutical company or the court of both the pharmaceutical company’s negligence and the value of your unique injury.

This evidence may not be in your possession yet.

However, when you join others in a hernia mesh mass tort legal action, your attorney will work together with other lawyers helping other people who have been similarly hurt to gather the evidence that you need to make a fair recovery.

Helpful Evidence in Hernia Mesh Failure Cases

Some of the evidence that could be important in your hernia mesh injury case includes:

  • Your medical records. This will establish the type of hernia mesh that was used in your hernia repair surgery, when the mesh failed you, and the specific complications that you suffered.
  • The actual mesh material and your own tissue. During a revision surgery, the hospital may dispose of these things as medical waste if it is not specifically requested that the mesh material and samples of your tissue be kept.
  • Internal pharmaceutical company documents. This could include, for example, information about how the hernia mesh was designed or manufactured and how decisions were made about marketing and warnings.

Other than your medical records, you may need help gathering the evidence necessary for a strong hernia mesh failure lawsuit.

Don’t Let the Hernia Mesh Maker Destroy Any Evidence

Destruction of evidence is sometimes an issue in pharmaceutical injury cases. Pharmaceutical companies have a lot at stake. They want to earn public trust so that doctors recommend and patients use their products. This is how they make money and protect their stockholders’ financial interests.

Once evidence is destroyed, it can’t be recreated and you, as an outsider to the pharmaceutical company, may not even know that it ever existed. A mass tort lawyer can help make sure that you don’t lose out on important evidence that the pharmaceutical company may not want you to see by sending spoliation of evidence letters notifying the pharmaceutical company of your claim and reminding of the pharmaceutical company of its legal duty not to destroy evidence.

Protect Your Right to a Full and Fair Hernia Mesh Injury Recovery

It is easy to feel out of control after a hernia mesh failure. You consented to surgery with the expectation that your quality of life would improve. Your doctor did everything possible to make sure that happened, but the mesh used in your hernia repair failed you, and neither you nor your doctor could prevent the injury that resulted.

While you couldn’t prevent your injury, you can protect your recovery. You are in control of what happens next. You have the right to contact a mass tort lawyer to learn more about:

  • Your legal rights
  • The benefits of pursuing a mass tort case
  • How a mass tort case works
  • The potential evidence that will be important in your hernia mesh case
  • Your potential financial compensation

At Keefe Law, we don’t charge you anything for your initial consultation, and you won’t owe us any legal fees until you make a financial recovery for the injuries that you’ve suffered. We want to make sure that you are treated fairly, and that includes having access to all of the evidence in your case. Call us, or reach out to us via this website, today to schedule your free, no-obligation consultation.

 

John L. Keefe
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Founding Attorney, Massachusetts Social Security Disability Lawyer