Hernia Mesh Lawsuit Settlement Amounts: Your 2025 Guide

Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.


Get Your Free Case Review

Find out if you qualify for compensation and learn your next steps – no cost, no obligation, just expert legal guidance.

Disclaimer: By submitting the form above and checking the consent box, you agree to our conditions and privacy policy and permit Ethen Ostroff Law to contact you via text messages, phone calls. Standard message rates may apply.


Imagine you’re going about your day, only to be halted by a sudden, sharp pain in your abdomen. You learn it’s a hernia—a common yet troubling issue. Then enters hernia mesh, hailed as a modern medical breakthrough. For many, it’s a lifeline, offering relief and a return to normal life. However, like any innovation, there are drawbacks. Some face unexpected challenges—complications from these very implants. Welcome to our guide at Ethen Ostroff Law, where we navigate you through the complexities of hernia mesh. We shed light on the truth about hernias, the successes of mesh technology, and the stark reality of its limitations. As we delve into lawsuits, including the specifics of hernia mesh lawsuit settlement amounts, we illuminate how we can support you through the twists and turns of legal proceedings.

How Hernia Mesh Works

Hernia Mesh Lawsuit

For years, hernia mesh has been a lifesaver in surgeries. These meshes support damaged tissue and speed up healing. Made from synthetic or biological materials, the implants act like patches or plugs, helping new tissue grow. During surgery, doctors carefully move the protruding organ, usually the intestine, back into place and repair the muscle wall. They then place a mesh, like a tiny net, to strengthen the muscle. This mesh encourages new tissue growth and, over time, integrates with the muscle for lasting support.

Types of Hernia Mesh

Hernia mesh comes in two types:

  • Synthetic meshes: These meshes are the widely used type. They’re made from polypropylene or polytetrafluoroethylene. These devices support tissue growth to prevent hernia recurrence.
  • Biologic meshes: Derived from living tissue, they’re softer than synthetics. Though less prone to infections, biologic meshes can be more expensive and less durable, often reserved for complex cases or when synthetic mesh isn’t ideal.

Leading Hernia Mesh Manufacturers

Having a reliable and high-quality mesh is crucial to a successful hernia repair. Some top manufacturers offer a range of options to suit different surgical needs. Here are the leading companies and their popular products:

  • Atrium Medical Corporation (Maquet Cardiovascular, Getinge Group) 

C-QUR Edge Mesh V-Patch 

C-QUR Lite Mesh V-Patch 

C-QUR Mesh 

C-QUR Mosaic 

C-QUR OVT Mesh 

C-QUR RPM Mesh 

C-QUR Tacshield 

C-QUR V-Patch

  • C.R. Bard, Inc. (Davol, Inc.)

3DMax Light Mesh 

3DMax Mesh 

Bard (Marlex) Mesh Dart 

Bard Mesh 

Bard Soft Mesh 

Composix 

Composix E/X 

Composix Kugel Hernia Patch 

Composix L/P 

Kugel Hernia Patch 

Marlex 

Modified Kugel Hernia Patch 

Perfix Light Plug 

PerFix Plug 

Sepramesh IP Composite Mesh 

Sperma-Tex 

Ventralex Hernia Patch 

Ventralex ST Patch 

Ventralight ST 

Ventrio Patch 

Ventrio ST 

Visilex

  • Covidien Ltd. (Medtronic, Inc.)

Dextile Anatomical Mesh 

Parietene DS Mesh 

Parietene Polypropylene Mesh 

Parietene Progrip Mesh 

Parietex Composite Mesh 

Parietex Composite Mono PM Mesh 

Parietex Composite PCO-OS or PCO-OB Mesh 

Parietex Composite Ventral Patch 

Parietex Hydrophilic 2D Mesh 

Parietex Hydrophilic 3D Mesh 

Parietex Hydrophilic Anatomical Mesh 

Parietex Monofilament Polyester Mesh 

Parietex Optimized Composite Mesh 

Parietex Plug & Patch 

Parietex ProGrip Mesh 

Parietex Surgical Mesh 

ProGrip Laparoscopic 

SurgiPro 

SurgiPro Plug & Patch 

Symbotex Composite Mesh

  • Ethicon, Inc. (Johnson & Johnson)    

Physiomesh Flexible Composite Mesh (market withdrawal) 

Proceed Surgical Mesh 

Prolene Hernia System

Hernia Mesh Design Flaws

Hernia mesh implants need to be made from inert materials to avoid triggering an immune response and must stay in place after surgery. Early mesh products were absorbable, made from animal byproducts that safely dissolved in the body but didn’t offer permanent support. In the early 2000s, manufacturers introduced permanent mesh devices made from plastic with an inert coating to be biocompatible. Unfortunately, many had design flaws causing severe issues for patients, often requiring additional surgery. These permanent meshes often weren’t as inert as intended, leading to immune system attacks, inflammation, and complications. The coatings also degraded too quickly, causing the mesh to attach improperly to internal organs or tissue.

Problems with Hernia Mesh Devices

Hernia mesh devices have faced several issues, including:

  • Coatings that cause adverse reactions and infections. 
  • Excessive foreign body reactions and mesh rejection. 
  • Excessive mesh and tissue contraction. 
  • Migration, shrinkage, or hardening of the mesh.

Complications and Injuries from Defective Hernia Mesh

Using hernia mesh can lead to complications, including:

  • Abdominal pain is accompanied by nausea and nerve damage.  
  • Adhesion, where the mesh sticks to internal tissues.  
  • Bowel obstruction, where the mesh migrates to the tissue.  
  • Cancer develops from infected mesh.  
  • Chronic pain throughout the bodily connective tissues and joints.  
  • Groin and testicular pain that leads to testicle removal.  
  • Injections that occur more than 30 days after the implant surgery.  
  • Other complications, such as dental issues, liver problems, renal failure, rash, neurological changes, painful sex, and more. 
  • Recurrence of the hernia following mesh surgery.  
  • Seromas, where fluid collects under the surface of the skin.

If serious complications arise, extra surgeries may be needed to address the problems caused by the hernia mesh. Sometimes, removing the mesh isn’t possible due to scar tissue, which can prolong suffering.

Warning Signs of Hernia Mesh Issues

Seek medical help right away if you suspect a hernia mesh complication and notice any of these symptoms:

  • Bladder injection or perforation.  
  • Bowel and nerve trauma.  
  • Difficulty passing stools or wind. 
  • Infection, bleeding, or hematoma. 
  • Mesh erosion or protrusion.  
  • Sudden, severe pain. 
  • The hernia becomes firm or tender. 
  • The hernia can’t be pushed back in. 
  • Vomiting.

Hernia Mesh Recall

Reports of adverse events from healthcare professionals to the U.S. Food and Drug Administration increased. This prompts the agency to issue safety warnings and demand product recalls. Some notable hernia mesh devices that have been recalled include:

Atrium:

Atrium C-QUR Edge  

Atrium C-QUR Mesh 

Atrium C-QUR TacShield 

Atrium C-QUR V-Patch 

Atrium ProLite

C.R. Bard:

Bard Composix Kugel Hernia Patch 

Bard Ventralight ST Mesh with Echo PS 

Bard Composix L/P Mesh with Echo PS. 

Bard Ventralight ST Mesh 

Bard 3D Max Mesh 

Bard Soft Mesh 

Bard Ventralex Hernia Patch 

Bard Ventrio Small Oval Hernia Patch 

Bard Perfix Light Plug 

Bard PerFix Plug 

Bard Sepramesh IP Composite Mesh 

Bard Sperma-Tex 

Bard Ventralight Composer Mesh with Echo

Ethicon:

Ethicon Physiomesh Flexible Composite Mesh 

Ethicon Proceed Surgical Mesh 

Ethicon Physiomesh Flexible Composite Mesh

For a comprehensive list of recalled hernia mesh devices, use the FDA medical device recalls database.

Verifying Hernia Mesh Recall Status

To confirm whether your hernia mesh device has been recalled, take these steps:

  • Consider consulting a hernia mesh injury lawyer if you experience complications from a recalled device. They can explain your legal options and assess your eligibility for compensation. 
  • Meet with your surgeon and obtain records of your surgery, including details about the hernia mesh used. 
  • Reach out to the manufacturer for recall information. Find their contact details on the packaging or their website. 
  • Visit the FDA’s recall database. Search for your hernia mesh device by name, manufacturer, or lot number. 
  • Visit websites like Shouselaw.com and Drugwatch.com for updated lists of recalled hernia mesh devices.

Stay informed about any recalls affecting your hernia mesh device and take appropriate action if needed.

Hernia Mesh Lawsuits

Hernia mesh lawsuits involve individuals who’ve experienced issues with their implants, with over 26,000 cases currently awaiting resolution in federal courts.

Key claims include: 

  • Defective product design.  
  • Defective product manufacturing.  
  • Failing to warn patients and doctors about the risk of mesh failure and complications.  
  • Improper product labeling. 
  • Malpractice by the plaintiff’s doctor who implanted the faulty mesh.

 

The companies facing these lawsuits include:

  • Atrium 
  • C.R. Bard 
  • Covidien 
  • Ethicon

Multidistrict Litigations for Hernia Mesh Lawsuits

Various hernia mesh lawsuits across the U.S. have been consolidated into four multidistrict litigations (MDLs) for streamlined legal proceedings:

  • MDL No. 2753, In re: Atrium Medical Corp. C-Qur Mesh Products Liability Litigation: Over 2,400 cases against Atrium’s C-Qur hernia mesh are pending in the U.S. District Court for the District of New Hampshire. 
  • MDL No. 2782, IN RE: Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation: This MDL, presided over by Honorable Richard W. Story in the U.S. District Court Northern District of Georgia, addressed Ethicon’s Physiomesh Flexible Composite products. While the litigation has been settled, the settlement details remain undisclosed. 
  • MDL No. 2846, IN RE: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation: Involving Davol/C.R. Bard, this MDL focuses on polypropylene hernia mesh products. Chief Judge Edmund A. Sargus, Jr. and Magistrate Judge Kimberly A. Jolson oversee the litigation in the Southern District of Ohio, Columbus Division. 
  • MDL No. 3029, IN RE: Covidien Hernia Mesh Products Liability Litigation No. II: This MDL concerns Covidien’s hernia mesh products and is pending in the U.S. District Court for the District of Massachusetts under Judge Patti Saris.

Hernia Mesh Lawsuit Updates in 2024

  • June 19, 2024: A recent study published in a leading medical journal suggests a higher hernia recurrence rate in patients opting for robotic repair surgeries compared to traditional methods. 
  • June 3, 2024: The Bard Hernia Mesh class action MDL continues to expand rapidly, with 640 new cases added in May, totaling 22,896 pending cases. 
  • May 30, 2024: Lawsuits against Bard hernia mesh persist, with a new case filed by a Puerto Rico resident alleging defects in their Ventralex ST Patch implanted in 2020. 
  • May 16, 2024: The anticipation of a potential settlement in Bard cases has fueled a surge in new lawsuits, prompting some law firms to settle their existing inventory of Bard hernia mesh lawsuits. 
  • May 1, 2024: The influx of new cases in the Bard hernia mesh class action MDL remains high, with 583 new cases in April, totaling 22,256 pending cases. 
  • April 1, 2024: A significant increase of 411 new cases in the Bard hernia mesh class action MDL was recorded over the past month, reaching a total of 21,673 pending cases. 
  • March 27, 2024: Mediation efforts are ongoing in the Bard hernia mesh MDL, though settlement expectations may not meet victims’ compensation needs. 
  • March 1, 2024: The Bard hernia mesh class action MDL now comprises 21,262 total cases, making global settlement negotiations challenging. 
  • February 20, 2024: Judge Sargus schedules a mediation session for the polypropylene hernia mesh litigation, aiming for resolution by June 24, 2024. 
  • February 6, 2024: The MDL judge cancels the upcoming trial and emphasizes settlement as the preferred resolution for Bard hernia mesh cases. 
  • February 1, 2023: Nearly 100 new cases were added to the C.R. Bard hernia mesh class action in January, totaling 21,169 pending cases. 
  • January 15, 2024: The hernia mesh class action MDL against C.R. Bard encompasses 20,973 total cases, marking the largest MDL in this litigation. 
  • January 1, 2024: The Bard hernia mesh class action MDL records 20,972 total pending cases, signaling a continual increase since October.

Eligibility for Hernia Mesh Lawsuit

You may qualify to take legal action in a hernia mesh case if:

  • You suffered severe side effects or complications. 
  • You required additional surgery for your hernia mesh repair. 
  • You lost a loved one due to complications from the hernia mesh. 
  • You can provide medical documentation, documentation of damages/losses, etc. to demonstrate serious side effects. 
  • Your implant was made by these manufacturers:

Atrium  

C.R. Bard 

Covidien 

Ethicon

Immediate Steps for Defective Hernia Mesh Issues

Experiencing complications from defective hernia mesh? Legal action can get you compensation. Here’s what to do:

  • See a doctor immediately if you suspect complications from your hernia mesh. 
  • Document all medical treatments, symptoms, and their impact on your life. This is crucial for both your health and legal case. 
  • Speak with a hernia mesh lawsuit lawyer to understand your rights and the legal process. 
  • File a lawsuit against the mesh manufacturer if advised by your lawyer. 
  • Be cooperative and stay engaged throughout the legal process to help build a strong case.

Hernia Mesh Statute of Limitations

The time limit to file a hernia mesh lawsuit differs by state and hinges on when you became aware of complications from the implant. Contact Ethen Ostroff Law today to explore your eligibility to file a claim within your state’s limitations.

Evidence Needed to File a Hernia Mesh Lawsuit

To file a successful hernia mesh lawsuit, solid evidence is crucial. It builds a strong legal case and supports compensation claims. Here’s what you’ll need:

  • Documentation of damages: Keep records of medical expenses, lost wages, emotional distress, or pain and suffering. 
  • Expert testimony: Seek medical experts to explain the design defects and how they caused your injuries. Also, consider experts on manufacturing processes. 
  • FDA reports and recalls: Check for any FDA reports or recalls related to the hernia mesh product. 
  • Medical records: Gather surgery reports, test results, doctor’s notes, and hospital records detailing your treatment. 
  • Product design and manufacturing documents: Collect specifications, manufacturing processes, and quality control documents. 
  • Product failure reports: Look for reports of similar complications from other patients and regulatory agencies. 
  • Product information: Include product labels, packaging details, and any marketing materials related to the hernia mesh. 
  • Witness statements: Testimonies from the patient, family members, and healthcare providers. 
  • Other relevant documents: Insurance, employment, and financial records can also support your case.

Potential Compensation

If your hernia mesh lawsuit succeeds, you may receive:

  • Compensation for income lost due to disability. 
  • Compensation for mental and emotional suffering. 
  • Compensation for reduced enjoyment of life. 
  • Coverage for expenses like travel to medical appointments. 
  • Damages for the pain you’ve endured. 
  • Reimbursement for medical expenses.

Recent Hernia Mesh Lawsuit Settlements

The Ethicon hernia mesh MDL has reached a global settlement. The other major MDLs — including Bard, Atrium, and Covidien — are still active with no recent large-scale settlements. The Bard MDL is the largest, with over 22,000 cases pending as of mid-2024.

Factors Influencing Hernia Mesh Settlement Amounts

Hernia mesh settlement amounts are influenced by a variety of factors in each claim, including:

  • Cost of past and future medical bills. 
  • Number of corrective surgeries required. 
  • Physical and emotional suffering. 
  • Severity of the injury. 
  • Wages lost due to related health complications.

Payouts are typically higher for victims who suffered more severe injuries

Engage the Services of Ethen Ostroff Law

Facing issues from a hernia mesh implant? Ethen Ostroff Law can help. Our attorneys work on a contingency-fee-basis, meaning no upfront or hourly fees. You will only pay if we secure compensation for you. Schedule a free consultation now.

Success

We received your information. We’ll be in touch soon.

While in law school, he distinguished himself as Executive Editor of JURIS Magazine, received the prestigious CALI Excellence for the Future Award, and completed five hands-on internships that laid a strong foundation for his legal career.


Nicholas began his post-graduate career clerking for the Honorable Linda Rovder Fleming in the Cambria County Court of Common Pleas. From there, he quickly found his calling in workers’ compensation, personal injury, and Social Security disability law—areas where he could directly impact people’s lives in moments of crisis. He’s helped clients navigate complex legal claims, including securing a settlement exceeding $300,000.

Nicholas brings clear communication, genuine empathy, and an unrelenting drive to achieve the best outcomes for his clients. Whether he’s navigating a complex workers’ comp claim or pushing for a major settlement, he brings focus, dedication, and deep legal knowledge to every case.

He’s also a proud member of Pennsylvania Advocates for Justice and remains active in various professional legal organizations. Nicholas is licensed to practice law in Pennsylvania.

When he’s not fighting for the injured, Nicholas is enjoying time with his family, kicking a soccer ball around, hitting the golf course, or cheering on Pittsburgh’s local teams.

Joe Ring heads the workers’ compensation department at Ethen Ostroff Law, where he takes pride in fighting for injured workers.

Joe is a Philadelphia native and maintains deep roots in the area.  As the grandson of a Philadelphia Firefighter, son of a Philadelphia public school teacher, and veteran of the United State Marine Corps, he was taught to value service, dedication, and hard work.   He applies these values to every case and takes great satisfaction in representing hard-working clients with those same traits.

After obtaining his bachelor’s degree in history from St. Vincent College in Western Pennsylvania, he graduated from Villanova Law School in 2012 and, since then, has litigated hundreds of workers’ compensation hearings and trial depositions on behalf of both employers and injured workers.  During this time, Mr. Ring has written articles and presented Continuing Legal Education courses on developments in Pennsylvania Workers’ Compensation Law.  He is active in local professional organizations, and, in 2022, he served a Co-chairperson of the Philadelphia Bar Associations Workers’ Compensation Section.

Since coming to EOL in 2024, he has dedicated his practice entirely to helping injured workers navigate the system and obtain their rightful benefits.

Joe is licensed to practice in Pennsylvania.

Brandon Zanan heads the personal injury claim department with Ethen Ostroff Law.

Brandon’s education in both law and medicine assist him in expertly representing badly injured victims. Brandon has a Master’s Degree in Forensic Medicine from the Philadelphia College of Osteopathic Medicine, with a concentration in anatomy and pathology. With this knowledge,  Brandon is skilled at analyzing medical records and understanding injuries that are common in personal injury claims. He uses this expertise in conjunction with listening carefully to each client’s needs, in order to fiercely advocate for clients and tell their stories when they would not otherwise have a voice.

Brandon’s background includes a variety of experience and skills in various areas of civil practice. He is the author and editor of numerous books for the George T. Bisel Publishing Company, including “Pennsylvania Damages” and the “Pennsylvania Vehicle Code Annotated,” two texts that are frequently relied on by lawyers and judges across Pennsylvania as authoritative resources on personal injury law.

Brandon is a member of the Pennsylvania and Montgomery Bar Associations. He is also a member of Pennsylvania Association for Justice, and has served as an executive board member of the Montgomery American Inn of Court.

He is admitted to practice in the Commonwealth of Pennsylvania, the United States District Courts for the Eastern District of Pennsylvania and Middle District of Pennsylvania, the State of New Jersey, the United States District Court for the District of New Jersey, and in the Commonwealth of Virginia. Brandon has represented many clients in motor vehicle, premises liability, animal bite, and products liability cases across Pennsylvania and New Jersey and has obtained outstanding results with millions of dollars recovered for his clients.

He has been named a Pennsylvania Rising Star from 2021 onward. The “Super Lawyers-Rising Star®”, list recognizes no more than 2.5 percent of attorneys in each state

Brandon currently lives in Malvern with his wife Rachel and their son Max.

Ethen Ostroff Law, PLLC Terms and Conditions

Effective Date: July 10, 2024

General Information

Welcome to the website of Ethen Ostroff Law, PLLC (“EO”). By accessing or using our website, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use our website.

Use

EO hereby grants you a non-exclusive, non-transferable, revocable, limited right and license to access and use the Site solely for your personal use in accordance with these Terms of Use. You shall not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit the Site.

EO may at any time, for any reason, and without notice or liability: (a) modify, suspend, or terminate operation of or access to the Site and related services, or (b) change, revise, or modify the Site and affiliated services.

Messaging and Automated Calls

When you opt-in, you will receive text messages (SMS/MMS) on your mobile number. These messages may contain information about your case, and the message frequency may vary from user to user. Please note that message and data rates may apply. If you wish to opt out of this service, you can do so anytime by simply texting “STOP” to the phone number. Once you text “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. If you encounter any issues, you can reply with the keyword “HELP” to get assistance. Please be aware that carriers are not responsible for any delayed or undelivered messages.

By providing your phone number and submitting a form on our website, you consent to receive communications, including automated calls, texts, and pre-recorded messages, from EO and its affiliates. These communications may include updates about your case, promotional offers, and other information. You understand that these calls may be generated using automated technology, and that standard message and data rates may apply.

Your consent to receive automated calls is not a condition of any purchase or service. By checking the consent box on our contact form or by calling our firm, you agree to these Terms and Conditions and provide your written consent to receive these communications. You may opt out of these communications at any time by replying STOP to any text message or by contacting us at [insert contact information].

State-Specific Compliance

EO complies with all federal and state laws regarding automated calls and telemarketing practices. Certain states have additional restrictions on the use of automated dialing systems and pre-recorded messages. The following states have more restrictive regulations:

  • California: Requires prior express written consent for automated calls.
  • Florida: Requires prior express written consent for automated calls and texts.
  • New York: Requires prior express written consent for automated calls.
  • Texas: Requires prior express written consent for automated calls.

If you are a resident of one of these states, EO will obtain your prior express written consent before making any automated calls or sending pre-recorded messages to you.

By submitting a form inquiry or calling our firm, you agree to us contacting you, and your checking the box when submitting your form inquiry serves as written consent.

Information and Legal Disclaimer

The information contained in this website is for informational purposes only, and should not be construed as legal advice. Testimonials and case results contained in this website are for demonstrative purposes only, and do not constitute a guarantee of any particular outcome in a specific case.

By requesting a free consultation with Ethen Ostroff Law, PLLC, you agree to the following:

  • Any information I submit is for review only, and there will be no charge for the initial consultation.
  • I have not entered into an attorney-client relationship with Ethen Ostroff Law, PLLC until such time as a formal written Retainer Agreement is signed by myself and a representative of Ethen Ostroff Law, PLLC. There is no guarantee that Ethen Ostroff Law, PLLC will accept my case.
  • Any information received by Ethen Ostroff Law, PLLC, prior to the execution of a written Retainer Agreement, is not subject to the Attorney-Client Privilege and is not considered confidential.
  • Additional information may be requested in order for Ethen Ostroff Law, PLLC to make a decision on whether or not to accept my case.
  • Because no attorney-client relationship has been established, I will remain personally responsible to meet all necessary deadlines applicable to my claim, until such time as Ethen Ostroff Law, PLLC makes a final decision. I acknowledge that I have not received any representations or legal opinions with respect to any time frames or deadlines that may be applicable to my claim.

No Relationship or Obligation Arises from Use of the Site

The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts, and who is licensed in the applicable state, and is familiar with the applicable law. Internet subscribers, mobile application users, and online readers should seek professional counsel about their legal rights and remedies. You should not act or refrain from acting on the basis of any information found on the Site. Any actions or decisions about your legal rights should be based on the particular facts and circumstances of your situation, and appropriate legal advice from an attorney retained directly by you. EO EXPRESSLY DISCLAIMS ALL LIABILITY WITH RESPECT TO ACTIONS TAKEN OR NOT TAKEN BASED UPON ANY INFORMATION OR OTHER CONTENTS OF THIS SITE. Viewing the Site, or communicating with EO by Internet e-mail or through the Site does not constitute or create an attorney-client relationship with anyone. The content and features on the Site do not create, and are not intended to create, an attorney-client relationship, and shall not be construed as legal advice. The content and features of the Site, including means to submit a question or information, do not constitute an offer to represent you or otherwise give rise to an attorney/client relationship.

THE SITE IS PROVIDED “AS IS”. EO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND ONLINE SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EO DOES NOT GUARANTEE THAT THE ONLINE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Accounts

To use some features of the Site, you may be required to create an account. In connection therewith, you agree to provide and maintain true, accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of the information you hold for your account login, including your password, and for all Submissions made from your account. You agree to notify us immediately of any unauthorized use of your login. EO may suspend access to your account if it suspects illegal or improper use, or for other reasons, such as for account management purposes, at its sole discretion.

Confidentiality is Not Guaranteed

Information sent to Ethen Ostroff Law, PLLC. via Internet e-mail or through the Site is not secure and is done on a non-confidential basis. EO may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

DISCLAIMER – This Site Does Not Provide Medical Diagnosis or Advice

The content provided on the Site, such as documents, text, graphics, images, videos, news alerts, pharmaceutical drug recalls, prescription medication history, or information on litigation concerning the foregoing topics, or other materials, is for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice, alter a prescription plan in any way, or delay or refrain from seeking medical advice because of something you have read or seen on the Site. Links to other sites are provided for information only. Use of trade names is for identification only and does not constitute endorsement by EO.

Without limiting the generality of the foregoing, the Site may present information about pharmaceutical drug recalls, which is for information purposes only. Such information is not necessarily the most current information on the subject and may or may not be updated based on the last information concerning such recalls. Do not make any decisions regarding medication or medical providers based on information from the Site, including but not limited to information we provide about drug recalls.

EO Is Not Responsible for Content; Limitation on Liability

EO may periodically change, remove, or add the material on the Site without notice. This material may contain technical or typographical errors. EO DOES NOT GUARANTEE ITS ACCURACY, COMPLETENESS OR SUITABILITY. EO assumes no liability or responsibility for any errors or omissions in the contents of the Site. Your use of the Site is at your own risk. Under no circumstances shall EO or any other party involved in the creation, production, or delivery of the Site be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, the Site. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT SHALL EO BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES RELATING TO THIS MATERIAL, FOR ANY USE OF THIS WEBSITE, OR FOR ANY OTHER LINKED WEBSITE.

Third-party Web Sites

The Site contains links to third-party websites for the convenience of our users. EO does not endorse any of these third-party sites and does not imply any association between EO and those sites. EO does not control these third-party websites and cannot represent that their policies and practices will be consistent with these Terms of Use. If you use links to access and use such websites, you do so at your own risk. EO is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient. These Terms only apply to the Site and do not apply to any linked sites. We encourage you to read and understand the terms of use of any linked sites that you visit. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through any linked site.

EO Clients

Only individuals who have entered into a mutually signed retainer agreement with EO are EO clients (“EO Clients”).

Legal and Ethical Requirements

EO has tried to comply with all legal and ethical requirements in compiling the Site. We welcome comments about our compliance with the applicable rules and will update the Site as warranted, upon learning of any new or different requirements.

Ethen Ostroff Law reserves the right to refer or sell leads that come through any of Ethen Ostroff Law’s marketing.

Ethen Ostroff Law also may sell leads on certain campaigns generated in association with third party marketing companies.

Governing Laws in Case of Dispute; Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, without regard to any choice of law principles. Any and all disputes arising hereunder shall be governed as set forth in the Arbitration section below.

Submissions

You are solely responsible for any information, content, or material you transmit to or through the Site (“Submissions”). You understand that Submissions are considered non-confidential and non-proprietary. Furthermore, you grant EO an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to use, copy, reproduce, display, publish, publicly perform, transmit, and distribute any Submission, without compensation or accounting to you or anyone else. You represent and warrant that: (a) you have the right to submit the Submission to EO and grant the licenses as described above; (b) EO will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Submission; (c) the Submission does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (d) the Submission complies with these Terms of Use and all applicable laws and regulations.

EO takes no responsibility and assumes no liability for any Submission.

Arbitration

Any and all claims by you arising out of or related to the Site or your use thereof may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Montgomery County, Pennsylvania. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

International Use

The Site is controlled, operated, and administered by EO from offices within the United States of America and is only intended for use therein. We make no representation regarding use of the Site outside of the United States.

Other Terms

If, for any reason, our Terms of Use, Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms of Use and Privacy Policy shall continue in full force and effect. EO’s failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by EO hereof will be deemed effective unless in writing. These Terms of Use, together with our Privacy Policy, as each is currently posted, constitute the entire agreement between EO and you with respect to your use of the Site and supersede all previous written or oral agreements relating to the subject matter hereof, that this agreement shall not supersede, restrict, or replace any agreements governing the attorney-client relationship between EO and EO Clients.

EO may, in its sole discretion and without prior notice, block and/or terminate your access to the Site and if we determine that you have violated these Terms of Use or other terms or agreements or that may be associated therewith or if you use the Site in a way that we deem, in our sole discretion, to be an unacceptable use.