Amanda Antell  |  March 3, 2015

Category: Legal News

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gavel-scales-lawbooksThe third bellwether trial to pave the way for other Ethicon vaginal mesh trials is set to begin.

This bellwether trial is the last in an initial series of three lawsuits, which represent numerous other vaginal mesh lawsuits from women who allege similar injuries. The first Ethicon bellwether trial, a lawsuit filed by Carolyn L., ended in victory for the defendant, after the judge found that the plaintiff’s evidence was inadequate.

The plaintiff, essentially, failed to prove that her injuries had been caused by Ethicon’s vaginal mesh product. However, the second bellwether trial, in September, ended in victory for the plaintiff, resulting in a $3.25 million award.

The plaintiff in this third bellwether trial reported complications including chronic pain, mesh contraction, mesh erosion, pain during sexual intercourse, persistent prolapse of organs and urinary incontinence. The plaintiff states that she was forced to undergo at least four different revision surgeries to remove the mesh.

The purpose of consolidating lawsuits like this is to reduce the chance of duplicate discovery, avoid conflicting rulings from different judges, to save money on legal expenses, and to further serve to the convenience of the parties. Furthermore, these bellwether cases had been established to help determine how juries may respond to certain evidence or testimony, which may be repeated throughout the litigation.

For this multidistrict litigation (MDL), the defendant named in these cases is the vaginal mesh manufacturing company, Ethicon. There are six other federal multidistrict litigations centered around vaginal mesh allegations and their manufacturers involving companies including American Medical Systems, Boston Scientific, Coloplast Corp., Cook Medical, Ethicon, C.R. Bard, and Neomedic.

Each of the lawsuits are filed by different women who had allegedly suffered extreme side effects and painful complications after getting the mesh implanted to treat either their pelvic organ prolapse (POP) or stress urinary incontinence (SUI).

Overview of Vaginal Mesh Complications

The use of vaginal mesh has been practiced for decades, after a surgeon discovered that this material could prevent organ prolapse in women. Women often suffer POP or SUI after a physically traumatic event like childbirth, with their pelvic region failing to recover.

Ideally, the mesh would be implanted and the patient’s tissue would naturally grow with the mesh acting as a stem. The mesh products are made of a biologically-safe material and remain popular.

However, numerous complaints suggest vaginal mesh may not be safe for women to use, causing healthcare providers to become more hesitant to recommend them.

In July 2011, the FDA revealed that nearly 4,000 vaginal mesh injury reports had been submitted to the agency, reporting minor to major side effects. These reports were reported between 2005 and 2010. Based on these numbers, the FDA declared that vaginal mesh complications “are not rare,” and that these mesh products did not guarantee an improved quality of life.

In 2014, it had been estimated that 50,000 women had taken legal action against vaginal mesh manufacturers after they had allegedly suffered adverse effects from the products. A majority of these lawsuits include charges such as negligence, false advertising, concealing information, and misrepresenting a product.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The vaginal mesh attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, vaginal mesh lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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Join a Free Transvaginal Mesh Class Action Lawsuit Investigation

If you or a loved one were injured by a transvaginal mesh product and underwent revision surgery to remove the mesh or repair the damage, you may have a legal claim. Submit your information now for a free case evaluation.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

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