How to File a Breast Mesh Lawsuit: A Guide for Patients

Litigation involving resorbable breast mesh products like GalaFLEX and SERI Surgical Scaffold is growing as patients report complications including chronic pain, mesh failure, and the need for revision surgeries. If you have been injured by a breast mesh product, this guide explains the process of filing a lawsuit, from initial evaluation to navigating the legal system.

Step 1: Determine if You Have a Qualifying Case

The first step is to assess whether your situation meets the general criteria for a medical device lawsuit. Attorneys evaluating breast mesh claims typically look for:

• Product Identification: You must be able to confirm that a specific surgical mesh product (e.g., GalaFLEX, SERI) was used in your breast reconstruction, lift, or augmentation surgery. This is found in your operative report from the surgery.
• A Qualifying Injury: You must have suffered a significant, documented injury directly linked to the mesh. Common qualifying injuries include mesh failure leading to implant malposition, chronic pain, severe inflammation, infection, hardening of the breast tissue (capsular contracture), or the need for one or more revision surgeries to correct the problem or remove the mesh.
• A Clear Timeline: The injuries must have developed *after* the mesh was implanted.
• Within the Statute of Limitations: Every state has a time limit (statute of limitations) for filing a personal injury claim. This is usually 1-3 years from the date you discovered or reasonably should have discovered your injury was caused by the mesh. An attorney can determine your state's specific deadline.

Step 2: Gather Essential Medical Records

Your medical records are the most important evidence in your case. Before or during your first consultation with a lawyer, begin collecting these documents:

• Initial Operative Report: The report from the surgery where the breast mesh was implanted. This document is critical as it will name the specific product and manufacturer.
• All Subsequent Operative Reports: If you had revision surgeries, get the reports for each one. These reports will detail the problems the surgeon found, such as mesh erosion, degradation, or encapsulation.
• Pathology Reports: If any mesh or tissue was removed during revision surgery, the pathology report provides microscopic evidence of the body's reaction to the device.
• Physician's Notes: All records from your plastic surgeon, primary care doctor, and any other specialists you saw for complications like pain, infection, or asymmetry.
• Imaging Reports: Any MRIs, CT scans, or ultrasounds performed to diagnose your complications.

You can request these records from your providers' medical records departments. Obtaining them early will significantly speed up your case evaluation.

Step 3: The Legal Consultation

The next step is a free, confidential consultation with a law firm that handles medical device litigation. During this call, an intake specialist will ask about your surgical history, the product used, your injuries, and the timeline. Based on this initial screening, the firm will decide whether to proceed with a full review.

If they do, you will be asked to sign medical release forms (HIPAA authorizations) that allow the law firm to obtain your medical records directly. Their team of paralegals, nurses, and attorneys will then conduct a thorough review of your records to build the case and confirm it meets the necessary legal and medical standards.

Step 4: Retaining Counsel and Filing the Lawsuit

If the firm determines you have a strong claim, they will offer to represent you. These cases are handled on a contingency fee basis, meaning you pay nothing upfront. The attorneys' fees and case expenses are paid out of any settlement or verdict you receive. If you don't win, you owe nothing.

Once you sign a retainer agreement, your legal team will:

• Draft and File a Complaint: This legal document is filed in court and formally initiates your lawsuit. It names the defendants (the mesh manufacturer, and sometimes the distributor) and details the legal claims, such as defective design, failure to warn, and negligence.
• Serve the Defendants: The defendants are officially notified of the lawsuit. They will then have a period of time to file a response.

Step 5: Navigating the Litigation Process

After filing, your case enters the litigation process, which can be lengthy. Key stages include:

• MDL or Coordinated Proceedings: As of early 2026, breast mesh cases are being filed individually. However, if the number of lawsuits grows, they may be consolidated into a Multi-District Litigation (MDL) to make the process more efficient. This would mean your case would be transferred to a single federal court for all pretrial matters like discovery.
• Discovery: This is the evidence-gathering phase. Your attorneys will seek internal documents from the manufacturer about the mesh's design, testing, and what they knew about its failure rates. You will likely need to answer written questions and may have your deposition taken, where you answer questions under oath.
• Expert Witnesses: Both sides will hire experts (biomaterials engineers, surgeons, etc.) to provide testimony on whether the mesh was defectively designed and whether it caused your specific injuries.
• Settlement or Trial: The vast majority of medical device cases are resolved through a settlement. This can happen at any point during the litigation process. If a settlement isn't reached, a small number of cases may go to trial.

What to Expect and How to Prepare

Litigation is a marathon, not a sprint. It is a process that requires patience and diligence. The best thing you can do to help your case is to be organized with your records and communicate consistently with your legal team. Keep a log of your medical appointments, symptoms, and any out-of-pocket expenses related to your injuries. Do not post about your case on social media, as anything you post can be used as evidence by the defense.

Related Pages on This Site

• Signs of Breast Mesh Failure
• GalaFLEX Mesh Complications
• Check Your Eligibility