Putting a Number on Your TVM Injury

March 23, 2013

How do you value a transvaginal mesh (TVM) injury? It might seem simple, but it’s not.

 

One approach is to consider how much the victim would give up not to be injured. Some victims are more sensitive than others to certain physical or emotional injuries. They might pay a lot – or just a little – to return to their condition before the injury.

 

The inverse of this approach is to ask how much the tortfeasor, the party causing the injury, would give up not to have caused the injury. For some defendants, such as wealthy pharmaceutical companies with considerable market exposure to negative publicity, they might give up several million dollars to take away your injury.

 

A third approach is to determine what other defendants have paid similarly affected victims. If you’ve ever purchased a house or a car, you’re probably familiar with this idea. In short, you find market comparisons. It may feel strange to think of such a personal injury in this way, but it’s how some scholars, jurists, and practitioners think about the thorny problem of damages.

 

A fourth approach – and the way the law traditionally considers damages – is to ask how much your injury has cost you. To arrive at this number, a victim might add up a number of physical, economic, and emotional costs, such as the price of medical care, the value of lost wages, and the emotional trauma resulting from the injury.

 

A final approach that is often used in a courtroom is to ask one final question: how much should a defendant so that other, similarly situated market participants, such as other pharmaceudical companies, realize that acting carelessly comes at a high cost? This portion of the damage award is commonly called punitive damages.

 

Putting a price tag on your pain is emotionally and actuarially difficult. In the end, however, that’s often what must occur if you and your family are to move forward with the rest of your lives. Do you need help thinking about these challenging questions. Fortunately, the attorneys at Fears Nachawati are prepared to address your concerns. For your free consultation, call us at 1.866.545.8364 or email mn@fnlawfirm.com

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