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Manufacturers Failed to Warn About Defective Transvaginal Mesh Devices, Parker Waichman LLP Alleges in Lawsuit

New York, New York (PRWEB) July 18, 2013

Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by dangerous drugs and defective medical devices, has filed a lawsuit on behalf of a Texas woman who alleges that transvaginal mesh implants have seriously injured her. The suit was filed on May 6, 2013, in the U.S. District Court for the Southern District of West Virginia (Case No. 2:13-cv-10378) in the multidistrict litigation (MDL) entitled In Re: American Medical Systems, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2325. American Medical Systems, Inc., Ethicon, Inc., Ethicon, LLC and Johnson & Johnson have been named as Defendants.

According to the Complaint, the Plaintiff underwent two separate surgeries, one on Aug. 21, 2007, when the Perigee and Apogee mesh devices were implanted, and another on April 1, 2008, when she was implanted with the MiniArc and Gynecare Gynemesh PS devices. The Plaintiff was seeking treatment for stress urinary incontinence (SUI) and pelvic organ prolapse (POP), conditions caused by the weakening of the pelvic wall. Transvaginal mesh products are designed to help bolster the pelvic wall, as well as to treat POP and SUI. The lawsuit, however, alleges that the mesh devices were defective and had flawed designs that caused serious, and possibly permanent, injuries. The suit further alleges that the Defendants knew about the dangers of their products but chose not to warn consumers in order to protect financial interests. The Plaintiff is suing for pain and suffering, emotional distress, economic loss, and is seeking compensation for punitive damages.

The U.S. Food and Drug Administration (FDA) reports that the most common complications associated with transvaginal mesh include:

  •     Mesh erosion through the vagina (also called exposure, extrusion, or protrusion)        
  •     Pain        
  •     Infection        
  •     Bleeding        
  •     Pain during sexual intercourse (dyspareunia)        
  •     Organ perforation    

According to a July 13, 2011 FDA safety alert, complications linked to transvaginal mesh implants are “not rare” and the use of such devices may actually be more harmful compared to alternative methods for treating POP. The FDA has also asked 33 manufacturers, including Johnson & Johnson, to conduct post-market safety studies in order to investigate the effect of vaginal mesh on organ damage and other health concerns.

Thousands of transvaginal mesh lawsuits have been filed in the United States. Many have been consolidated into six MDLs now pending in U.S. District Court for the Southern District of West Virginia. The other MDLs are: In Re: Boston Scientific Products Liability Litigation, MDL No. 2326; In Re: C.R. Bard, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2187; In Re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327; and In Re Coloplast Corp. Pelvic Support Systems Products Liability Litigation, MDL No. 2387; and In Re: Cook Medical, Inc., Pelvic Repair System Products Liability Litigation.

The first transvaginal mesh lawsuit to go to trial led to an $11.1 million verdict in favor of the Plaintiff (Gross v. Gynecare Inc., Atl-L-6966-10, Superior Court of Atlantic County, New Jersey), according to a Feb. 28, 2013, Bloomberg report. The Plaintiff’s case was the first of 4,000 Gynecare Prolift cases expected to go to trial. Johnson & Johnson was ordered to pay $3.35 million in compensatory damages and $7.76 million for punitive damages.

Parker Waichman LLP continues to offer free lawsuit consultations to victims of transvaginal mesh injuries. If you or a loved one experienced complications following POP and SUI surgery with mesh, please visit the firm's transvaginal mesh injury page at Free case evaluations are also available by calling 1-800-LAW-INFO (1-800-529-4636).

Contact: Parker Waichman LLP
Gary Falkowitz, Managing Attorney
(800) LAW-INFO
(800) 529-4636

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