The vaginal mesh lawsuit saga erupted soon after the FDA issued an alert warning the public against implants of Transvaginal mesh in 2008 followed by an update in 2011. Suddenly, all the complaints that had been covered up came to light and exposed just how risky and far reaching the side effects of Transvaginal mesh implants were. Apparently, the FDA had received over 1000 complaints regarding the risks that come with the implantation of the vaginal mesh.
Previously, cases of complications from procedures involving the transvaginal mesh implants were heard but only the FDA and the involved companies were made aware of the magnitude of the risks involved. Most of the public population had little or no knowledge regarding the matter until the FDA spoke up.
Facts Leading to the Vaginal Mesh Lawsuit
The first company to produce vaginal mesh was Boston Scientific. Their product was designed to treat stress incontinence, a condition in which the bladder muscles are weakened. The weak bladder muscles lead to urine leaking whenever a little pressure is applied to the bladder through coughing, sneezing or even laughing.
Due to over a hundred complaints regarding the vaginal sling sold by Boston Scientific Company and sold under the brand name; ProteGen vaginal sling, the company recalled its product in 1999. A year before this recall, Johnson & Johnson released a similar product into the market branded under the name Gynecare TVT mesh.
Despite this move by the Boston Scientific Company, several other companies chose to put their economies first and ignore the safety of the consumers. They continued to market and sell their vaginal meshes that were designed to serve the same purpose as that one of the ProteGen.
One common factor these two products share is the fact that they were approved quickly by the FDA without satisfactory tests being carried out on their efficacy so as to ensure safety. In short, clinical trials and safety tests were ignored by the FDA and both companies.
How the Law Supports the Vaginal Mesh Lawsuit
According to the law, a plaintiff is free to sue for damages, both punitive and compensatory in the event of harm caused by the use of a product. This is also called personal injury.
In the case of vaginal mesh implants, the companies have gone against the law by placing the economic interests of the manufacturing company above the safety of the product user. They have also failed to establish effective and safe methods of the vaginal mesh implant removal. The mesh becomes difficult to remove even when surgical expertise is employed as it fuses with the tissues of the surrounding area, permeating into one complex mass of tissue.
After ignoring consumer safety, the companies still went on ahead to sell these devices even when the FDA issued alerts on the risky nature of the products and worse still, after the first innovator of the vaginal mesh, Boston Scientific, recalled their device from the market. Ethicon later recalled its device in June 2012.
The biggest mistake the companies responsible for selling vaginal mesh made was the failure to warn the public of potential risks, injury and complications that were very likely to occur with the use of these devices. Products that are released onto the market and those that come with potential risks are usually packed with a warning notice concerning their use or consumption. The public is also warned beforehand of the potential risks that they put themselves in every time they choose to consume or use such products. Unfortunately, in the case of the vaginal mesh implants, this was never done. It was negligence on the companies’ part.
The Court’s Current Stand on the Vaginal Mesh Lawsuit
The US District court of the Southern District of West Virginia has given the public the go ahead to register for vaginal mesh lawsuits across the country. This go ahead allows the public to sue the manufacturers of the vaginal mesh implants for damages incurred as a result of using their devices.
Chief Judge Joseph R. Goodwin consolidated the cases in the Southern District Court of West Virginia hearing that was held in October 2010. The chief judge has been assigned over 31,000 federal cases involving several manufacturers of the vaginal mesh implant.
The first few trials against Bard, the manufacturers of the Avaulta brand, ended with the plaintiffs winning the cases. One plaintiff involved in the personal injury lawsuit claimed that the transvaginal mesh implant had caused her severe bleeding and pain. She was awarded $2 million in damages, both punitive and compensatory. This judgment of the jury caused the lawsuit to become a bellwether case against Bard Inc.
Previously in a separate case, a California jury had awarded $5.5 million to a plaintiff, Christine Scott and her husband in a vaginal lawsuit against Bard, in July 2012. This was after the plaintiff underwent nine corrective revision surgeries for the implant surgery of Bards’ Plus vaginal mesh.
In February this year, a plaintiff by the name of Linda Gross was awarded $11.11 million after she filed a lawsuit claiming that she underwent 18 revision surgeries after the implant. The lawsuit was against Ethicon’s product, Gynecare TVT mesh.
The Vaginal Mesh Lawsuit Calendar for Federal Trials
Registration for the vaginal mesh lawsuit is still ongoing. Trial dates have already been set. However, the chances of application are still open for interested plaintiffs to see whether they qualify for the vaginal mesh lawsuit, However, it will soon be too late to register so you are urged to apply to our qualified attorneys at your earliest convenience.
July 2013 saw the start of the first federal trial against Bard Inc. Two trials are set for hearing in October 2013 in West Virginia and Georgia. Also scheduled for 2013, are the federal trials against American Medical Systems in December.
Hope through Filing for the Vaginal Mesh Lawsuit
If you suspect that you have been harmed by implants of the vaginal mesh, do not hesitate to speak to our qualified attorneys. They will guide you through all the legal measures necessary in ensuring that you are adequately compensated for damages. Damages covered in the vaginal mesh injury include medical bills incurred and set to be incurred in the future, lost capacity for earning, physical pain, lost earnings, compromised quality of life and other associated damages.
Do not let this opportunity for justice pass you by; act today! Contact us for a free case evaluation with a legal expert. The vaginal mesh lawsuit may be your only hope if you qualify for a case.