New York, New York (PRWEB) June 19, 2013
Parker Waichman LLP, a national law firm dedicated to protecting the rights of victims injured by dangerous drugs and medical devices, has filed a lawsuit on behalf of an Arizona woman who alleges that she was injured by transvaginal mesh products. The suit was filed on May 30th in the U.S. District Court for the Southern District of West Virginia (Civil Action No. 2:13-cv-12677) in the multidistrict litigation entitled In Re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation (MDL No. 2325). American Medical Systems, Inc. and Boston Scientific Corporation have been named as Defendants.
According to the Complaint, the Plaintiff was implanted with the MiniArc Sling and the Pinnacle Pelvic Floor Repair Kit in May 2008.The lawsuit alleges that these devices are defective and caused serious and possibly permanent injuries. Furthermore, the Defendants allegedly knew about these defects but did not warn consumers in order to protect their own financial interests.
AMS and Boston Scientific are being charged with negligence, four counts of strict liability (including design defect, manufacturing defect, failure to warn and defective product) breach of express and implied warranty, fraudulent concealment and constructive fraud. The Plaintiff is suing for pain and suffering, emotional distress, economic loss and is seeking compensation for punitive damages.
Thousands of transvaginal mesh lawsuits have been filed in the United States. Many of them have been consolidated into five MDLs pending in U.S. District Court for the Southern District of West Virginia. The other MDLs include: 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; and In Re: Ethicon, Inc., Pelvic Repair Systems Products Liability Litigation, MDL No. 2327.
According to a June 10th Pretrial Order issued to American Medical Systems, Inc., presentations regarding the selection of Bellwether Cases are to be made on June 25, 2013, with the court expected to select five transvaginal mesh bellwether cases. (http://www.wvsd.uscourts.gov/MDL/amsinc/pdfs/PTO_69.pdf)
Transvaginal mesh devices were approved to treat stress urinary incontinence and pelvic organ prolapse, conditions that are most commonly caused by weakened pelvic muscles. Transvaginal mesh devices are supposed to help correct these conditions by providing additional strength to the pelvic walls. The U.S. Food and Drug Administration (FDA) reports that the most common complications associated with transvaginal mesh may include:
- Mesh erosion through the vagina (also called exposure, extrusion, or protrusion)
- Pain during sexual intercourse (dyspareunia)
- Organ perforation
- Urinary problems
The FDA has stated that complications linked to transvaginal mesh implants are “not rare” and warned that use of such devices may actually be more harmful compared to alternative methods for treating pelvic organ prolapse. 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. (http://www.fda.gov/medicaldevices/safety/alertsandnotices/ucm262435.htm)
Recently, 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, which added that Gross’s lawsuit 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.(http://www.bloomberg.com/news/2013-02-28/j-j-owes-7-76-million-in-punitives-in-vaginal-mesh-case.html)
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 yourlawyer.com. Free case evaluations are also available by calling 1 800 LAW INFO (1-800-529-4636)
Contact: Parker Waichman LLP
Gary Falkowitz, Managing Attorney