For the thousands of women who have pending vaginal mesh lawsuits in different courts in the country, the resolution of their cases remains very significant not only because it informs everyone of the dangers of these products but also because it provides an opportunity to recover financial costs which may have become a burden to them, medical experts say. While money in the form of compensatory damages may not restore a woman’s original health, it may make her life more manageable in the face of enormous economic losses she may have experienced or must address in the future. It may be not be unusual to hear of patients encountering difficulties due to financial limitations much like Linda Gross where economic loss was pegged at $3 million for her va ginal injuries.
Recovery of economic losses may become very crucial for someone who may be out of work and requiring an endless number of medications and needing medical services from different specialists. Damages in the form of non-economic losses, in addition to the economic losses may go a long way in easing the pain and suffering endured by a vaginal mesh sufferer. It might be of interest to these women to be acquainted with the damages they may recover if the lawsuits are decided in their favor.
Recovery of both economic and non-economic losses may be enjoyed by a plaintiff in a product liability lawsuit, according to lawyers. Economic losses of a patient are the costs incurred which may be quantified while those that may be difficult to put exact dollar values are termed as non-economic losses.
Included in the economic losses are medical costs such as expenses for medications, payment for doctor’s services, hospital bills, caregiver fees, physical therapy charges, and other related expenses. If medical attention is required on a continuous basis, costs for this may be incorporated in the economic losses. Lost wages and future income of the complainant may also be included in the computation of economic losses. In selected cases, property damages and disability costs may also be asked of the defendant.
In the case of Linda Gross, whose case was the latest vaginal mesh lawsuit decided by the court, damages awarded by the jury for economic losses totaled $2.065 million which was a bit lower than the computation submitted by an economist during said trial. For her past wages, she was given $180,000 and $500,000 for her future income. The value of past medical services which totaled $385,000 and cost of future medical treatment and household services which amounted to $1 million were also awarded to the Linda Gross.
For the pain and suffering she may have endured as a result of the defective product, damages for non-economic losses may be awarded to the plaintiff. Loss of consortium in some instances may be included under this category with the damages awarded to the victim’s spouse.
For her past and future pain and suffering, disability, and loss of enjoyment of life, a total of $1.1 million was given to Linda Gross. Jeff Gross, the husband of Linda, was also awarded $185,000 for the loss of companionship of his wife.
References:
meshmedicaldevicenewsdesk.com
scholarship.law.marquette.edu/cgi/viewcontent.cgi?article
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