If either you or a family member has undergone a medical procedure that used transvaginal mesh and you experienced some side effects, it is essential for you to know whether or not you might have grounds for filing a San Diego transvaginal mesh lawsuit against Johnson & Johnson or any other manufacturers or distributors of those products.
A lawsuit can help you obtain compensation if you have been harmed by a defective medical device. However, in many cases, you will have to work with a skilled and experienced class action lawyer in San Diego to receive the compensation that you deserve.
Dalimonte Rueb Stoller has experienced and knowledgeable legal professionals who can assist you with your transvaginal mesh lawsuit and provide all of our clients with free consultations. For more information, contact us today online or by calling (833) 44-DRLAW.
What Injuries are Associated with Transvaginal Mesh?
Those injuries that women suffer from mesh implants can be severe and debilitating. If those individuals had the correct information, these injuries could have potentially been avoided.
The edges of the mesh/sling can cut through the skin easily following implantation and therefore cut into nearby structures. This can cause infections or even puncture the bladder, bowel, and uterus at times.
Complications from these infections may include the inability to walk, incontinence, severe pain during intercourse, UTI, and back pain. Some of the infections may spread throughout a person’s entire body and lead to death.
Studies show that the actual injury rate is likely to significantly increase. This is not surprising given that there are more than 100,000 of these procedures performed each year. It is suggested by reports that have been made to the FDA that there might be hundreds of deaths and thousands of injuries.
However, following the initial surgery, it can take several years before it develops. Lawsuits have been filed by tens of thousands of women alleging that their injuries were caused by pelvic mesh products.
Unfortunately, nearly 30 percent of women who have undergone mesh surgery due to POP will need to have another related surgery.
The FDA has re-classed vaginal mesh that is used for POP as a high-risk device due to the very high risk of developing complications. However, this classification does not apply to the vaginal mesh that is used to repair SUI. Many surgeons have completely stopped using vaginal mesh due to all of the associated risks that it poses.
Have There Been any Transvaginal Mesh Recalls?
To date, there has been no transvaginal mesh recalls. However, the FDA reclassified the transvaginal mesh that is used in repairing POP as a Class III high-risk device on January 4, 2016. For medical devices, Class III is the highest risk category used by the FDA.
Women who received transvaginal mesh have filed thousands of lawsuits against the manufacturers of these products. These women have suffered chronic pain as well as debilitating and serious injuries. They have also frequently had to undergo several surgeries that have had varying levels of success to attempt to remove the transvaginal mesh or correct the damage in order to prevent further injuries from occurring.
The FDA has suggested that it is important for doctors to understand that POP can be treated without using mesh. Also, doctors must inform their patients whenever the mesh is going to be used. Patients need to be assertive about why it is necessary to use a Class III medical device and what other options might be available to them.
Have Transvaginal Mesh Lawsuits Been Filed?
Yes, there have been tens of thousands of lawsuits filed by women against the manufacturers of transvaginal mesh. The women who received this mesh have suffered debilitating and severe injuries as well as chronic pain. In most cases, they have also had to have several surgeries that have had varying levels of success in order to repair the damage or remove their transvaginal mesh implant so that further injuries could be prevented.
A lawsuit filed against Boston Scientific alleges that counterfeit resin coming from China was used by the company in its vaginal mesh after a leading manufacturer stopped supplying resin to use in permanent implants due to safety concerns. If it is found that those allegations are true, most likely Boston Scientific will be faced with criminal charges for their actions.
How can a Transvaginal Mesh Lawyer Help Me?
If you suffered any injuries or discomfort after you received a transvaginal mesh implant, consider joining with thousands of other women who have decided to hold pharmaceutical manufacturers accountable for the injuries and suffering they have suffered and that may have been caused by transvaginal mesh devices. You may have grounds for legal action based on product liability law for the following:
- Strict Liability
- Breach of Warranty
Depending on the facts involved in your case and the jurisdiction that you file your lawsuit in, you may have other causes for legal action as well. You might be entitled to obtain damages for:
- Pain and suffering
- Lost wages
- Medical bills
- Loss of consortium
- Maybe punitive damages (for punishing wrongdoers and to discourage similar behavior)
Class-action status has not been awarded by the federal courts to transvaginal mesh litigation. However, numerous lawsuits have been consolidated into MDL (multidistrict litigation). The advantage of an MDL is a federal judge hears pretrial motions for similar cases (such as individual transvaginal mesh lawsuits) who then rules on one legal question at least, to narrow pretrial motions and the scope of discovery to streamline lawsuits to make sure they don’t drag on too long.
Once the MDL judge rules on the lawsuits’ common legal issues, these cases get remanded to the original courts for trails at the discretion of the MDL Judicial Panel in control of the proceeding.
After a federal judge has ruled on the common legal issues that relate to multiple transvaginal mesh lawsuits, it is possible for individual cases to have a more focused litigation process. It makes it possible for the jury to forgo the complex legal issues and instead listen to and rule on the question of fact that might be different in your case, including how the transvaginal mesh implant physically injured you and what damages the injuries caused to your life.
Contact Our Attorneys To Review Your San Diego Transvaginal Mesh Lawsuit
If you have suffered the recurrence of incontinence, prolapse, pain, infection, or any other of the side effects that defective surgical mesh causes, contact a mass tort law firm in San Diego now. You deserve compensation for the pain and suffering you have endured.
Call our San Diego mass tort law firm today at (833) 44-DRLAW to schedule your free, no-risk case evaluation. We understand the complex pharmaceutical laws very well and will assist you in getting the justice you deserve. You can depend on us. Call us or fill out our online contact form today!