It is possible that you may know someone that went through a medical procedure that utilized a Johnson & Johnson transvaginal mesh product for the purpose of birth control, a medical procedure that has been shown to create unwanted side effects, leading to the potential of many people being able to sue their distributors, or the company itself, because of this product and its adverse side effects.
If you file a San Francisco transvaginal mesh lawsuit, receiving compensation because of harm that may have come to you because of this defective medical device is possible. However, it is imperative that you find a personal injury attorney that is experienced in this area so that you can be properly compensated.
By contacting a personal injury attorney, such as Dalimonte Rueb Stoller, you will be able to talk to reputable legal professionals that can answer any questions that you may have about transvaginal mesh implants through the free consultations that are offered. Our class action lawyers in San Francisco can also be contacted by calling (833) 44-DRLAW or simply contacting them online.
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What Injuries Are Associated With Transvaginal Mesh?
Some of the injuries that women have sustained are not only debilitating, but they are quite severe and could have been avoided if women had been presented with the proper information prior to the surgery.
It has been discovered that the mesh sling on these devices can cut through your skin once they have been implanted, leading to infections and also potentially puncturing the bladder, bowel, or even the uterus.
Some women have developed UTIs, back pain, incontinence, pain during intercourse that is severe, the inability to walk, and other problems related to these infections. In fact, some of these infections can lead to death because they can spread throughout the entire body.
The actual injury rate will likely increase, according to studies, which is not a surprise since there are well over 100,000 of these procedures done annually. FDA reports have suggested that there could be tens of thousands of women that are injured and hundreds of them could also dive.
These injuries may not happen right away, often taking several years to develop once the procedure is done. Tens of thousands of individuals have alleged that this pelvic mesh product has caused injuries and have subsequently filed lawsuits.
What is unfortunate is that nearly 30% of all of the women that had this procedure for POP will likely need another to rectify the problem.
Since there are so many complications associated with these inserts, this vaginal mesh has been reclassified as a high-risk device by the FDA. This classification, however, will not apply to the vaginal mesh that is currently used for SUI. There are many surgeons that have completely stopped using vaginally mesh at all because of how risky it can be.
Have There Been Any Transvaginal Mesh Recalls?
Although transvaginal mesh has not yet been recalled, in January 2016, the transvaginal mesh that was used in the repair of POP was reclassified as a high-risk device Class III by the FDA. Class III is regarded by the FDA as the highest risk category when referring to any type of medical device.
Women that have had problems with transvaginal mesh have filed thousands of lawsuits, specifically against the manufacturers. They have experienced debilitating injuries, chronic pain, and some of them have had multiple surgeries, each with varying levels of failure or success, in order to fix the damage or simply to remove the implant to prevent any possibility of future injuries.
Treating POP without vaginal mesh, according to the FDA, is something that is possible. They also state that physicians must inform patients if this material is going to be used. It is important for every woman to be very assertive when asking about the insertion of Class III medical devices into their body and also request information about other options.
Are Transvaginal Mesh Lawsuits Currently Being Filed?
Absolutely. Tens of thousands of women have filed lawsuits and have done so against the manufacturers of transvaginal mesh. They have had serious injuries, chronic pain, and may have had the transvaginal mesh implant removed to reduce the probability of future injuries.
Boston Scientific has been in the midst of litigation and this lawsuit states that they used counterfeit resin, originating from China, in the vaginal mesh, and did so because a well-known manufacturer stopped providing them with the resin used for permanent implants over safety concerns. If these are true allegations, Boston Scientific could face very significant and substantial criminal charges.
If a woman has experienced injuries or discomfort from this type of implant, they are one of the many thousands that can hold pharmaceutical manufacturers accountable because of the injuries and suffering they have experienced because of the transvaginal mesh devices that were put into their bodies. If you have had this happen, you can take legal action on the basis of product liability law for:
- Strict Liability
- Breach of Warranty
It depends on the jurisdiction of where you are filing this lawsuit and all of the facts related to your case, plus you could also have other reasons to take legal action. You could be entitled to recovering money for damages for:
- Medical bills
- Lost wages
- Loss of consortium
- Potentially punitive damages (this can help prevent others from doing the same)
Although federal courts have not yet awarded class-action status to these litigations, there are many lawsuits that have gone through a consolidation process in what is called an MLD. This is advantageous because there are other similar cases, and in pretrial motions, federal judges must rule on one legal question, allowing the scope of discovery to narrow and the pretrial motions can streamline lawsuits to ensure that these cases are not dragged out for many years.
MLD judges will rule on what are called common legal issues related to the lawsuits, cases that have since been remanded to the original courts for a trial, all at the discretion of the MDL Judicial Panel which is in charge of the proceedings.
After the federal judge has made a ruling, specifically on common legal issues regarding these transvaginal mesh lawsuits, litigation can be focused more specifically on individual cases. The jury can then bypass the complex aspects of these legal issues and instead hear and rule upon the different questions that are related to your specific case such as what your physical injuries were, and what the injury did to your life when you had the transvaginal mesh implant put in.
Get A Free Review Of Your Case Of Your San Francisco Transvaginal Mesh Lawsuit
If you are one of the many women that have suffered incontinence, prolapse, pain, infections, or any one of the many different side effects derived from a defective surgical mesh, our mass tort law firm in San Francisco can certainly help you out today. You absolutely need to be compensated if you have experienced any type of pain and suffering.
By picking up the phone and calling us at (833) 44-DRLAW, you can quickly schedule a free evaluation of your case at no risk to you. We are well aware of how complex pharmaceutical laws can be and will help you get the settlement, and the justice, that you deserve. We are here to help you. Simply fill out the contact form on our website or give us a call today!