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HerniaTalk **LIVE** Q&A: Hernia Mesh Lawsuits 3/1/2022
HerniaTalk LIVE is a weekly Q&A hosted by Dr Shirin Towfigh, hernia surgeon expert, with invited special Guests to answer your hernia-related questions.
This week, Dr Towfigh will discuss the surgeon perspective on hernia mesh lawsuits and also hear your experience with these lawyers.
Topic: Hernia Mesh Lawsuits
Join us this Tuesday 03/01/2022 at 4:30pm Pacific time (GMT -8) as a Facebook Live. You can also register to join via Zoom here: https://us02web.zoom.us/webinar/register/WN_uLRuVsmESOWnsDE1Zynx_g
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5 Replies
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I’m Considering doing a session with a legal expert…
Any referrals or suggestions appreciated.
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Thanks to everyone for making this session of HerniaTalk LIVE Q&A one of the most interactive and personal sessions we have had.
If you missed it, you can watch it on my YouTube channel here: https://youtu.be/TSNLaf1tLvw
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I think most of the patients get involved with mass tort and class action suits when they reach out to law firms. Most of the big firms do not do personal injury suits, where the doctors or hospitals themselves are sued. The firms typically sue the mesh manufacturers on behalf of the client. So they get your information, create a claim file on your behalf, and then you basically wait 3-5 years or longer for enough other patients to bring claims so that enough pressure is applied to the manufacturer to possibly settle for a small amount, which is then shared with the population of patients (after the firm takes the standard 40%). That’s my understanding. I doubt most patients consider personal injury claims against their doctor or the hospital where they had surgery, though obviously that does happen. But it’s far easier to submit a claim with a huge firm and then wait for some small compensation several years later because you don’t have to do much beyond provide some basic info, and you’ll never be on the hook for any legal fees since they only charge you if there’s a payout, and it’s only a percentage of any settlement.
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By “surgeon perspective” will you be speaking for yourself or speaking for all hernia surgeons?
It would be good if you had a legal expert involved in the discussion. I’m trying to imagine what benefit a person planning hernia repair or mesh removal would get from the discussion. Or even a patient considering a lawsuit. What is the lesson of the discussion?
Good luck, I hope it turns out well.
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This could be an interesting topic but I think that most people would like to hear from the surgeons and medical institution managers, and lawyers involved in the lawsuits, from either side.
What individual is going to want to talk about how their personal pain caused them to take the drastic step of suing their doctor? Lawyers cost money and energy and after a bad hernia repair experience, most people are low on both. And nobody really wants to sue the person that they thought was going to make them whole again.
It would be informative if you could talk about any times that you have been sued, or colleagues that you know of, and the causes and results of the suits. Did the lawsuits change anything for the surgeons being sued or did they just assume it was the cost of doing business? Something bad that happened. How do other surgeons feel about the lawsuits?
Dr. Ramshaw just talked about his major surgical error but did not really end up saying much about the legal ramifications of it. His story might be a good starting point for the discussion. It covers individuals but also systemic problems.
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