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Lawsuits & Litigation

Hernia Mesh Claims Explained

— April 5, 2020

Every plaintiff needs some financial aid during a pending lawsuit. Either they take up personal loans or fall under the traps of credit cards.

Hernia Mesh or Abdominal Mesh is a medical device which is frequently used by surgeons to give support to damaged tissue. Most of the cases of hernia are caused because of heavy weight lifting or improper postures during weight lifting. In America, the majority of surgeries made to cure the abnormal tissue break, hernia mesh implants are used. The devices are to aid the bulging tissues but, because of faulty medical devices, the outcomes can be life-threatening. It has come under the notice of FDA (U.S. Food & Drug Administration) that there are some brands that have manufactured faulty hernia mesh and the patients who have had such faulty implants are facing trouble like abdominal pain, internal bleeding, and in some cases organ or intestine perforation.

Patients who have undergone problems because of faulty hernia or abdominal mesh can file for compensation against the brand or the manufacturer. Every faulty device which is threatening to the human body is liable to get sued for delivering an improper quality product. The cases of hernia mesh have increased drastically in the past few years, where patients, as well as doctors, start to witness the complications caused by hernia mesh implants. These implants are primarily done to cure the hernia problems, but ultimately the abdominal pain returns because of the damages caused by the faulty device.

Hernia Mesh Claim History

Hernia mesh is made up of polypropylene which is basically a synthetic plastic used by the doctors to hold the tissues together from further breaking. FDA in February 2018 issued a notice stating, “despite reduced rates of recurrence, there are situations where the use of surgical mesh for hernia repair may not be recommended. Patients should talk to their surgeons about their specific circumstances and their best options and alternatives for hernia repair”. From then onwards, patients who are suffering from such complications are filing a lawsuit to get appropriate compensation. There are several manufactures of hernia mesh like

  • Atrium
  • Bard
  • B Braun
  • Gore Medical
  • Ethicon
  • LifeCell Corporation
  • TELA Bio
  • Medtronic.

All are big brands but some of the products which came out turned out to be faulty, making the life of patients difficult.

Hernia Mesh Lawsuit Loans

Every plaintiff needs some financial aid during a pending lawsuit. Either they take up personal loans or fall under the traps of credit cards. But with an increasing number of the lawsuit regarding hernia mesh claims, lawsuit funding companies have introduced a form of non-recourse structured settlement funding in form of hernia mesh lawsuit loans.

Hospital bed; image by Bret Kavanaugh, via Hospital bed; image by Bret Kavanaugh, via

As a patient, if you suffered from any of these problems because of hernia mesh, your case will become eligible to acquire lawsuit loans.

  • Untimely hospitalization because of Abdominal Pain
  • Internal Bleeding in the Stomach or intestine.
  • Infection in the body because of the mesh.
  • Bowel or intestine perforation.
  • Re-surgery to control the pain.

Eligibility criteria for lawsuit loans depend on the funding company’s policies. However, some common checkpoints which make you eligible for lawsuit loans are:

  • Genuine Case Related to Faulty Hernia Mesh
  • An attorney representing your case and working on a contingency fee basis.
  • Your state permits you to take up lawsuit loans.
  • You have to agree on the policies of the Funding Company.

The amount which you can receive for your case in the form of loan is completely dependent on the strength of your case and certain key points like:

  • The severity of Injuries.
  • Hernia Mesh Device Type.
  • Medical Bills Plaintiff Paid.
  • Kinds of Medical Complications.
  • Loss of Job because of medical problems.

Pre-settlement Loans Can Support in Hernia Mesh Claim

There are certain benefits as well as some disadvantages of taking lawsuit loans for hernia mesh claims. First, we will be discussing the benefits and next, the disadvantages.



Since hernia mesh settlement loans are non-recourse in nature, a plaintiff needs to repay the loan amount to the funding agency only if the judge ruled in their favor. If not, then plaintiffs are under no obligation to return the loan amount.

Easy To Get

Getting a settlement loan is easy in comparison to taking a bank loan since the amount of time taken by a funding agency is completely dependent on the merits of the court case.

Less Paperwork

Funding companies never ask for too much paperwork, they only ask for case details and attorney information. And further the core details regarding the case, they take it from the attorney.

No Credit Checks

In every bank loan or personal loan, an applicant needs to show the previous balances and the bank goes through past financial records to determine the risk attached to providing a loan. But not in lawsuit loans from third party agencies.

Zero Upfront Charges

Every litigation financing company has the policy of not charging any upfront money from the plaintiff during the pending cases.


High-Interest Rate

The risk of giving loan against the lawsuit are high because of the absence of any collateral. In fact, these loans are non-recourse which makes them riskier for the company. If the plaintiff loses the case, then they are under no obligation to repay the amount and the complete burden is going to fall on the agency. Hence, due to increased risk, the lawsuit loans are more costly in terms of higher interest rates.

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