Transvaginal Mesh Lawsuit
Tens of thousands of women suffered physical injuries and emotional and financial distress as a result of poorly designed and poorly tested transvaginal mesh products. Complications harm women and damage families, many of whom are winning legal claims.
Judy Conlin of Corbin, Ky., had mesh products from Boston Scientific and Ethicon implanted to treat prolapse and incontinence in July 2011. Judy and her husband, Timothy, filed a lawsuit against both mesh manufacturers.
The Conlins’ lawsuit claims the defendants failed to warn, are guilty of fraud and concealed that their products could cause permanent and debilitating injuries.
Other lawsuits accuse mesh manufacturers of several counts, including:
- Actively and intentionally misleading the FDA, the medical community, patients and the public at large with respect to the safety and effectiveness of transvaginal mesh products.
- Failing to conduct proper testing and research to determine the risks of surgical mesh for use to treat female pelvic floor disorders.
- Failing to establish safe and effective methods for removal of transvaginal mesh.
- Failing to adequately warn of potential complications and injury.
- Find out more about pilonidal, which is generally unknown.
- Extreme pain
- Mesh Erosion
- Dyspareunia (Painful Sexual Intercourse)
- Abdominal And Pelvic Pain
- Recurrence Of Urinary Incontinence
- The Need For Multiple Surgeries
Many women who received mesh have had to undergo multiple revision surgeries to attempt to manage symptoms and have since filed transvaginal mesh lawsuits against the device manufacturers. The manufacturers face tens of thousands of federal lawsuits consolidated in multidistrict litigation (MDL) in the U.S. District Court for the Southern District of West Virginia under Chief Judge Joseph R. Goodwin. Additionally, thousands more are pending in state courts.
There are more than 49,000 federal lawsuits against seven mesh manufacturers filed in the U.S. District Court for the Southern District of West Virginia under Chief Judge Joseph R. Goodwin. The device manufacturers with the most cases are American Medical Systems and Ethicon. Other manufacturers with pending cases include: Boston Scientific, C.R. Bard, Coloplast, Cook Medical and Neomedic.
Participating in a class-action lawsuit may be another option for women who have been injured by pelvic surgical mesh. However, forming a class action is a special legal process, and once claimants decide to participate in the class, they waive their right to file a separate lawsuit. This is something that must be considered carefully before deciding on a course of legal action. Be sure to speak with a qualified mesh lawyer to see if filing a class action may be right for you.
- Medical expenses, including the costs of additional surgeries
- Loss of wages
- Loss of spousal consortium
- Losses to quality of life
- Pain and suffering
Debora Barba’s Verdict
$ MillionIn May 2015, a jury awarded Deborah Barba $25 million for pain and suffering and $75 for punitive damages after she underwent several revision surgeries. Barba sued Boston Scientific over its Pinnacle and Advantage Fit mesh products.
Colleen Perry’s Verdict
$ MillionIn March 2015, Colleen Perry won $5.7 million in her lawsuit against Johnson & Johnson’s Ethicon brand over its Abbrevo Sling mesh product. Even after surgery, the mesh could not be removed because it grew into her tissues. Jury found J&J; acted with malice.
Martha Salazar’s Verdict
$ MillionA Texas jury awarded Martha Salazar $73.5 million in September 2014. Salazar sued Boston Scientific after she was implanted with the company’s Obtryx Sling and suffered serious complications.
Talk to women one-on-one about their individual situations and experiences with transvaginal mesh.
Are available seven days a week to answer questions about mesh complications, recalls and treatment.
Help you make sense of the complex legal process and answer your questions about legal options.
Help you locate an experienced product liability lawyer, if you decide you’d like to file a mesh lawsuit.
|Questions to Ask Your Mesh Lawyer|
|How can I find out if my mesh product was part of a recall?|
|My mesh product was recalled. Can I still sue?|
|Since there’s been a recall, won’t the manufacturer compensate my injuries? Why do I have to sue?|
|Is there a class action for mesh claims? And would I have to participate in a class action in order to make a claim?|
|I heard mesh cases were transferred to West Virginia. How does that affect where I file my claim?|
|How long do I have to file a lawsuit?|
- Food and Drug Administration (FDA). (2011, July 13). FDA safety communication: UPDATE on serious complications associated with transvaginal placement of surgical mesh for pelvic organ prolapse.
- Nussbaum, A. & Voreacos, D. (2011, September 8). J&J; vaginal mesh faces FDA panel as number of lawsuits increase. Bloomberg. Retrieved from http://www.bloomberg.com/news/2011-09-07/j-j-s-vaginal-mesh-to-be-weighed-by-fda-advisory-panel-as-lawsuits-climb.html
- In re: Mentor Corp. ObTape Transobturator Sling Prods. Liab. Litig., 588 F. Supp. 2d 1374, 1374 (J.P.M.L. 2008).
- Dickerson, C. (2012, December). Transvaginal mesh trials begin in December. Legal Newsline. Retrieved from http://legalnewsline.com/news/238456-transvaginal-mesh-trials-begin-in-december
- U.S. Judicial Panel on Multidistrict Litigation. (2013, March 5). MDL Statistics Report – Distribution of Pending MDL Dockets. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_by_District-March-5-2013.pdf
- Edelhart, C. (2012, July 23). Bakersfield woman wins $5.5 million in first of trials related to medical device. Bakersfield Californian. Retrieved from http://www.bakersfieldcalifornian.com/health/x475201431/Bakersfield-woman-wins-5-5-million-in-first-of-trials-related-to-medical-device
- Jury adds $7.8 million in J&J; punitive damages. (2013, February 28). The Associated Press. Retrieved from http://www.huffingtonpost.com/huff-wires/20130228/us-johnson—johnson-implant-award/
- Conlin v. Boston Scientific Corporation (D/B/A Mansfield Scientific, In. & Microvasive Inc.) et al. (2012, July 11).
- Feeley, J. (2013, June 20). Endo Health Unit Pays $54.5 Million in Vaginal Mesh Accord. Bloomberg. Retrieved from http://www.businessweek.com/news/2013-06-20/endo-health-unit-pays-54-dot-5-million-in-vaginal-mesh-accord-1