If you or your loved one has been through a medical procedure involving the use of transvaginal mesh and are now feeling some side effects, then you should know that you have sufficient legal ground to open a Phoenix transvaginal mesh lawsuit against Johnson & Johnson, other manufacturers, and distributors of these products.
Filing a lawsuit will ensure that you receive your deserved compensation for using a defective and harmful device. In such cases, you have to work with a seasoned class-action lawyer in Phoenix to ensure that you are awarded the compensation that you deserve.
At Rueb Stoller Daniel, we have a team of qualified and experienced lawyers who can assist you throughout a transvaginal mesh lawsuit and go as far as offering free consultation. For more information, reach out to us today online or through phone at (833) 44-DRLAW.
What Are The Common Injuries Associated with Transvaginal Mesh?
Some women have allegedly suffered by having the mesh implant and feeling the severe effects of a procedure that could have been avoided if they had the right information about the product.
The mesh edges can cut through the skin easily soon after implantation, which leads to cutting or bruising of the surrounding structures. This could, in turn, cause infections and even result in the puncturing of the uterus, bladder, and bowel.
Several complications could arise from such infections, including UTI, back pain, extreme coital pain, incontinence, extreme difficulty to walk, and others. Some infections can even move throughout the body, leading to death.
Different studies indicate that the actual injury rate could significantly go up, which is not surprising, given that the numbers for such procedures go up to 100,000 every year. Reports that reach FDA indicate that injuries are in the range of tens of thousands, not forgetting hundreds of deaths.
While tens of thousands of women have come forward to file legal complaints indicating that pelvic mesh products resulted in injuries, such injuries may only be evident years after the initial procedure.
Sadly, about 30% of the women that had mesh surgery for POP will need another related procedure.
Given the high-risk complications, the FDA has had to re-classify vaginal mesh for POP as a high-risk device. This classification, however, doesn’t pertain vaginal mesh that is used in SUI repair. Nevertheless, most surgeons have stopped using vaginal mesh completely, given its potential risks.
Has a Transvaginal Mesh Recall Happened Before?
There hasn’t been a transvaginal mesh recall to this date. On the 4th of January 2016, however, there was a re-classification of the transvaginal mesh used for POP repair to a Class III high-risk device, with this class being the highest risk category allocated to medical devices by FDA.
There have been thousands of lawsuits against manufacturers, filed by women who got the transvaginal mesh. These women suffered chronic pain, severe and devastating injuries, and have since had to undergo a series of variably successful surgeries to try and avert the damages or remove the transvaginal mesh implant to stop further damage.
The FDA insists that medical practitioners need to understand that POP treatment can be achieved without using the mesh. Additionally, doctors need to notify the patients where the mesh is to be used. Patients should also be bold enough to question why a Class III medical device would be used and seek possible alternatives.
Are There Any Transvaginal Mesh Lawsuits That Have Been Filed?
Thousands of lawsuits have already been filed against manufacturers by recipients of transvaginal mesh. Such recipients are women who have experienced chronic pain, severe and devastating injuries. In most cases, these women have gone through several surgeries with variable success levels to correct the damage or remove the transvaginal mesh implant to stop further injury.
In a lawsuit filed against Boston Scientific, there were claims that the firm used bogus resin from China for its vaginal mesh products after a name-brand manufacturer seized to supply resin for permanent transvaginal mesh implants due to safety concerns. If such claims are confirmed to be true, Boston Scientific could face criminal charges.
How Can a Transvaginal Attorney Help?
If you have suffered injuries or discomfort following the implantation of transvaginal mesh, you need to consider joining the thousands of women who have decided to make legal complaints against pharmaceutical manufacturers and distributors and hold them liable for their injuries, pain and suffering caused by the transvaginal devices. Some of the legal action grounds based on product liability include:
- Breach of warranty
- Strict liability
Depending on the state where you file your lawsuit and the factors surrounding the case, there may be other causes for legal action. You may qualify compensation for damages such as:
- Medical bills
- Loss of consortium
- Lost wages
- Pain and suffering
- Punitive damages, where applicable
While federal courts are yet to award class-action status to transvaginal mesh cases, many lawsuits have been joined to form multidistrict litigation (MDL). The bright side to this is that pretrial motions in individual transvaginal mesh lawsuits involve a federal judge, who makes the judgment on at least one legal question to shrink the range of pretrial motions. This, in turn, helps streamline lawsuits so that they don’t drag unnecessarily long.
Once the MDL judge makes a ruling on the mutual legal issues in the lawsuits, cases are remanded to the initial courts for trial at the pleasure of the Judicial Panel on MDL that oversees the proceeding.
After a federal judge makes a ruling on the mutual legal issues surrounding multiple transvaginal mesh lawsuits, the legal process may be more engrossed in instances of individual cases. That ensures that the jury can circumvent the complex legal issues and rather listen to and rule over concerns that may be different in your case. These could include the details of your injuries by the transvaginal mesh implant and how the damages came about.
Reach Out To our Transvaginal Mesh Attorneys for a Free Review of Your Case
If you’ve suffered pain, infection, recurring incontinence, prolapse, and other side effects that arise from the use of defective surgical mesh, contact a Phoenix mass tort law firm today to get the compensation you deserve, especially for the pain and suffering.
Go ahead and get in touch with us today at (833) 44-DRLAW to schedule a no-risk, free case assessment. We understand the complexity of the pharmaceutical laws and will guide you to get the much-deserved compensation. We are always willing to help you with your case. Complete our online contact form or call us today!