If you or one of your loved ones has had a medical procedure involving the use of a transvaginal mesh and are now experiencing side effects it may be worth investigating the possibility of filing a Boston transvaginal mesh lawsuit against the distributor or manufacturer of the device. Johnson and Johnson is one of the companies currently involved in lawsuits, but there are other distributors and manufacturers that it may also be possible to file against.
A lawsuit could allow you to recover compensation if it is determined that you were harmed by a defective medical device. To file a suit you will need to work with a qualified and experienced personal injury attorney that can help you to get the level of compensation that you are entitled to.
Rueb Stoller Daniel has a team of experienced Boston mass tort attorneys that can help clients who are considering starting a transvaginal mesh lawsuit. Free, no-obligation consultations are available. If you would like more information, call us today on (833) 44-DRLAW, or fill out our online contact form.
What Are the Side Effects of Transvaginal Mesh?
Some women who have suffered from unwanted side-effects after having a transvaginal mesh implant report that their injuries are severe and debilitating, and that they could have avoided those issues if they had been told more about the procedure and the product.
The issues are caused because the edges of the mesh can cut the internal tissues after implantation, damaging nearby structures and potentially puncturing the bowel, bladder, or uterus. This leads to an increased risk of infection and can also cause UTIs, back pain, incontinence, pain during intercourse, reduced mobility, and in extreme cases secondary infections and death.
There are more than 100,000 transvaginal mesh procedures performed every year and it is thought that the injury rate from the mesh is likely to increase over time as it can take several years from the date of surgery for an injury to occur. There may be tens of thousands of injuries, and hundreds of deaths. To date, tens of thousands of women have already filed lawsuits.
It is thought that about 30 percent of women who have had transvaginal mesh surgery for POP may need another surgery at some point in their lives. The high risk of complications associated with the vaginal mesh when it is used for POP has led to the FDA re-classifying the mesh as a high-risk device. This classification only relates to POP, not to repairing SUI. Many surgeons have opted to stop using the mesh at all because of the high-risk factor.
Was Transvaginal Mesh Ever Recalled?
To date, only Boston Scientific has recalled their transvaginal mesh. The FDA reclassified the device on the 4th of January 2016, calling it a Class II device. This is the highest risk category used by the FDA for medical devices.
Thousands of women who have been given a transvaginal mesh have filed lawsuits against the mesh manufacturers, citing chronic pain, debilitating injuries, and in many cases the need for additional surgeries in order to mitigate the damage that was done. Some women have had to have their transvaginal mesh implant removed in order to prevent further injury.
The FDA issued recommendations to doctors, saying that it is possible for POP to be treated without the use of a mesh. Doctors should tell patients if a mesh should be used, and patients should be told why they are being recommended a Class III medical device, as well as if there are any other options open to them.
Have There Been Lawsuits Filed Relating to the Transvaginal Mesh?
So far there have been tens of thousands of lawsuits relating to transvaginal meshes. Women who have filed lawsuits against the makers of these devices report serious, debilitating injuries, chronic pain, and in many cases, the need for repeated surgeries or the removal of the device in order to repair the damage that has already been done and to reduce the risk of further injury.
One company that is facing a lawsuit is Boston Scientific. It is alleged that the company started using counterfeit resins shipped from China after the manufacturer that they had originally been working with stopped supplying them with resins due to some concerns over safety. If it is found that those allegations were true then Boston Scientific may be faced with criminal charges.
How Can A Lawyer Help a Transvaginal Mesh Lawsuit in Boston?
If you have been given a transvaginal mesh implant and have suffered from side-effects or injury, consider adding your name to the list of women who have spoken up to hold the pharmaceutical companies accountable for the injuries that they have caused. There are many potential grounds for a lawsuit relating to the use of the transvaginal mesh in Boston, MA, such as:
- Breach of warranty
- Strict liability
There may also be other grounds for legal action, depending on the jurisdiction where the lawsuit is filed, including:
- Loss of consortium
- Lost wages
- Medical bills
- Punitive damages
- Pain and suffering
At the time of writing, the federal courts have not awarded class-action status to the litigation relating to transvaginal mesh devices. However, many of the lawsuits are now multidistrict litigation cases. This means that pretrial motions in similar cases are heard by one federal judge that will rule on that legal question. This narrows the scope of pretrial motions and discovery and makes the lawsuits far more streamlined.
Once the judge has ruled on a common legal issue, the case can be sent back to its original course where it is tried at the discretion of the Judicial Panel on the Multi-District Lawsuit controlling those proceedings.
After the federal judge has ruled on the common legal issues, the litigation process is simpler and more focused for each individual case. The jury on each case does not have to deal with the complex legal issues and can focus on the questions that are different about that case. Typically, the question for each case will be how the individual was injured by the transvaginal mesh and how that injury affected that individual’s life.
Our Transvaginal Mesh Lawyers Will Review Your Case for Free
If your life has been impacted by having a transvaginal mesh fitted, perhaps because the mesh caused incontinence, prolapse, pain, or infection, or you have had any other side-effects brought on by a defective mesh, contact a mass tort law firm in Boston today.
Call us at (833) 44-DRLAW for a free, no-obligation case evaluation. We believe that you deserve compensation for the injury you have suffered. Alternatively, fill out our online contact form to schedule a consultation now.