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Transvaginal Mesh Lawsuits

TVM Lawsuit Compensation Updates Tosi Law


Transvaginal mesh, a medical device used to treat pelvic organ prolapse and stress urinary incontinence, has been the subject of numerous lawsuits in recent years. Women who have received transvaginal mesh implants have reported a range of complications and side effects, including severe pain, infections, and surgical mesh erosion. In this article, we will explore the history of transvaginal mesh lawsuits, the potential complications associated with the device, and the legal grounds for filing a lawsuit. We will also provide an overview of the process of filing a transvaginal mesh lawsuit, including finding a qualified attorney, gathering medical records and evidence, and negotiating a settlement or going to trial.

Understanding Transvaginal Mesh

Transvaginal mesh is a surgical implant made of synthetic material. The device is implanted through the vagina and attached to the pelvic wall to treat pelvic organ prolapse and stress urinary incontinence. Pelvic organ prolapse occurs when the muscles and tissues that support the pelvic organs weaken, causing organs such as the bladder, uterus, or rectum to drop down into the vagina. Stress urinary incontinence, on the other hand, is a condition where urine leaks out during physical activities or when pressure is put on the bladder.

 

What is Transvaginal Mesh?

Transvaginal mesh is a medical device designed to reinforce the weakened pelvic muscles and tissues. It is made of a synthetic material such as polypropylene, which is a type of plastic commonly used in medical devices. The mesh is implanted through the vagina and attached to the pelvic wall to provide support to the pelvic organs.

 

The Purpose of Transvaginal Mesh

The purpose of transvaginal mesh is to provide support to the pelvic organs and alleviate the symptoms of pelvic organ prolapse and stress urinary incontinence. The device is typically used when other treatments, such as physical therapy or medication, have failed to provide relief. Transvaginal mesh is supposed to be a safe and effective treatment option for these conditions.

 

Potential Complications and Side Effects

Despite its intended use, transvaginal mesh has been associated with a range of complications and side effects. These include severe pain, infections, mesh erosion, bleeding, and nerve damage. Some women have had to undergo additional surgeries to remove the mesh, and in some cases, the mesh cannot be completely removed. The complications and side effects associated with transvaginal mesh can be debilitating and life-altering.

While transvaginal mesh is generally considered safe, it is important to understand the potential risks and complications associated with the procedure. In some cases, the device may not provide the intended relief and may even cause additional health problems. It is important to discuss all treatment options with your healthcare provider and to carefully weigh the risks and benefits of each option.

In addition, it is important to note that not all women are candidates for transvaginal mesh. Factors such as age, overall health, and the severity of the condition may impact whether or not the device is a suitable treatment option. Your healthcare provider can help you determine if transvaginal mesh is right for you.

It is also important to be aware of the potential signs and symptoms of complications associated with transvaginal mesh. These may include pain or discomfort during intercourse, vaginal bleeding or discharge, and urinary problems such as incontinence or difficulty urinating. If you experience any of these symptoms, it is important to seek medical attention right away.

Overall, while transvaginal mesh can be an effective treatment option for pelvic organ prolapse and stress urinary incontinence, it is important to carefully consider all treatment options and to be aware of the potential risks and complications associated with the procedure. With the guidance of your healthcare provider, you can make an informed decision about the best course of treatment for your individual needs.

 

The History of Transvaginal Mesh Lawsuits

Transvaginal mesh has been the subject of numerous lawsuits in recent years. Thousands of women have filed lawsuits against the manufacturers of transvaginal mesh, alleging that the devices are defective and dangerous. In this section, we will explore the history of transvaginal mesh lawsuits, including early cases and settlements, major lawsuits and verdicts, the role of the FDA in transvaginal mesh litigation, and the impact on women's health.

 

Early Cases and Settlements

The first transvaginal mesh lawsuit was filed in 2008, and since then, thousands of similar lawsuits have been filed. In 2012, Endo Pharmaceuticals, the parent company of several transvaginal mesh manufacturers, agreed to pay $54.5 million to settle a lawsuit brought by the attorney general of West Virginia. This settlement was the first of its kind and paved the way for further lawsuits against transvaginal mesh manufacturers.

As more women came forward with complaints of severe pain, infection, and other complications from transvaginal mesh implants, additional lawsuits were filed against manufacturers such as Johnson & Johnson, Boston Scientific, and C.R. Bard. These lawsuits alleged that the manufacturers knew about the potential risks associated with transvaginal mesh but failed to adequately warn patients and doctors.

 

Major Lawsuits and Verdicts

Since the early settlements, several high-profile lawsuits against transvaginal mesh manufacturers have resulted in substantial verdicts for the plaintiffs. In one case, a woman was awarded $7.76 million in damages after she suffered severe pain and complications from a Bard Avaulta mesh implant. In another case, a woman was awarded $41 million in damages after she experienced excruciating pain and severe infection from a Boston Scientific mesh implant.

These verdicts and settlements have brought attention to the serious risks associated with transvaginal mesh implants and have provided some compensation for the women who have suffered from these devices.

 

The Role of the FDA in Transvaginal Mesh Litigation

The FDA has played an important role in transvaginal mesh litigation. In 2011, the FDA issued a safety alert warning of the potential complications associated with transvaginal mesh. The FDA also ordered manufacturers of transvaginal mesh to conduct post-market safety studies to determine the risks associated with the devices. In 2019, the FDA ordered the removal of all remaining transvaginal mesh products from the market, citing safety concerns.

While the FDA's actions have helped to raise awareness of the risks associated with transvaginal mesh implants, many women continue to suffer from complications related to these devices. Some women have had to undergo multiple surgeries to remove the mesh, and others have experienced long-term pain and disability.

 

The Impact on Women's Health

The impact of transvaginal mesh on women's health cannot be overstated. Many women who have received these implants have experienced severe pain, bleeding, infection, and other complications. Some women have been unable to work or care for their families due to the pain and disability caused by the mesh.

Furthermore, the emotional toll of dealing with these complications cannot be ignored. Many women have reported feelings of anxiety, depression, and hopelessness as a result of their experiences with transvaginal mesh.

It is important that women who have been affected by transvaginal mesh are able to access the medical care and support they need. This may include physical therapy, counseling, and legal assistance to pursue compensation for their injuries.

In conclusion, the history of transvaginal mesh lawsuits highlights the importance of patient safety and the need for manufacturers to be held accountable for the risks associated with their products. While progress has been made in raising awareness of the risks of transvaginal mesh, there is still much work to be done to ensure that women are protected from harmful medical devices.

 

Legal Grounds for Transvaginal Mesh Lawsuits

Transvaginal mesh is a medical device that has been used to treat pelvic organ prolapse and stress urinary incontinence in women. Unfortunately, many women who have received transvaginal mesh implants have experienced serious complications and side effects, such as chronic pain, infection, bleeding, and organ perforation. If you or a loved one has experienced these complications or side effects, you may have legal grounds for filing a lawsuit.

In this section, we will explore the different legal grounds for transvaginal mesh lawsuits, including product liability claims, medical malpractice claims, and failure to warn claims.

Product Liability Claims

Product liability claims are the most common legal grounds for transvaginal mesh lawsuits. These claims allege that the device was defectively designed or manufactured, or that the manufacturer failed to adequately warn consumers of the risks associated with the device. If a plaintiff can prove that the manufacturer was negligent, they may be awarded damages to help cover medical expenses and compensation for pain and suffering.

For example, a plaintiff may argue that the design of the transvaginal mesh device was flawed and that the manufacturer should have known that it could cause serious complications. Alternatively, a plaintiff may argue that the device was manufactured improperly and that this led to their injuries. In either case, the plaintiff must demonstrate that the manufacturer was at fault for their injuries.

 

Medical Malpractice Claims

Medical malpractice claims can also be filed against doctors who implanted transvaginal mesh improperly or failed to provide adequate care after the implantation. These claims may also be filed against hospitals or other healthcare providers if their actions or lack of action contributed to the plaintiff's complications or injuries.

For example, a plaintiff may argue that their doctor did not have sufficient training or experience to perform the transvaginal mesh implantation procedure. Alternatively, a plaintiff may argue that their doctor did not provide adequate follow-up care after the implantation, which led to their injuries.

 

Informed Consent and Failure to Warn

Finally, failure to warn claims may be filed against the manufacturer of the transvaginal mesh device if they failed to provide adequate warnings of the risks associated with the device. Informed consent claims may also be filed if the plaintiff was not fully informed of the risks and potential complications associated with the device prior to the implantation.

For example, a plaintiff may argue that the manufacturer did not provide sufficient warnings about the risks of infection or organ perforation associated with the transvaginal mesh device. Alternatively, a plaintiff may argue that their doctor did not fully inform them of the risks and potential complications associated with the device prior to the implantation.

If you or a loved one has experienced complications or side effects from a transvaginal mesh implant, it is important to speak with an experienced attorney who can help you understand your legal rights and options. A qualified attorney can help you determine whether you have legal grounds for a lawsuit and can guide you through the legal process.

 

The Process of Filing a Transvaginal Mesh Lawsuit

If you have experienced complications or side effects from a transvaginal mesh implant, you may be considering filing a lawsuit. In this section, we will provide an overview of the process of filing a transvaginal mesh lawsuit, including finding a qualified attorney, gathering medical records and evidence, and negotiating a settlement or going to trial.

 

Finding a Qualified Attorney

The first step in filing a transvaginal mesh lawsuit is to find a qualified attorney who specializes in medical device litigation. Your attorney can help you navigate the legal process, collect medical records and evidence, and negotiate a settlement or represent you in court.

 

Gathering Medical Records and Evidence

Your attorney will work with you to gather medical records and evidence to support your case. This may include medical records related to the implantation of the device, as well as medical records related to any complications or side effects you have experienced. Your attorney may also work with medical experts to help strengthen your case.

 

Settlement Negotiations and Trial

After gathering all necessary evidence, your attorney will work with you to determine whether to pursue a settlement or take your case to trial. If you choose to pursue a settlement, your attorney will negotiate on your behalf with the manufacturers of the transvaginal mesh device. If a settlement is not reached, your case will go to trial, and a jury will decide whether to award damages to the plaintiff.

Conclusion

Transvaginal mesh lawsuits have become increasingly common in recent years, as more women experience complications and side effects from the device. If you have been implanted with transvaginal mesh and have experienced pain, infections, or other complications, you may have legal grounds for filing a lawsuit. By finding a qualified attorney, gathering medical records and evidence, and pursuing a settlement or going to trial, you may be able to receive compensation for your injuries and regain a sense of justice.

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