Paul Tassin  |  April 21, 2015

Category: Legal News

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vaginal-mesh-consultA vaginal mesh lawsuit was filed against Ethicon Inc. and Johnson & Johnson, two of many corporate defendants in a multidistrict litigation, or MDL, over vaginal mesh complications.

In February 2002, plaintiff Danielle M. of Kentucky underwent surgery for implantation of Ethicon’s trans-vaginal tape, or TVT, which is used for treatment of stress urinary incontinence in women. Though Danielle’s short-form complaint does not specify what harm she alleges the TVT caused, it refers to the MDL’s master complaint which lays out a long list of complications from vaginal mesh implantation.

Vaginal Mesh Complications

A transvaginal mesh is a device used to treat women’s stress urinary incontinence, pelvic organ prolapse (a condition in which the pelvic muscles relax and allow the pelvic organs to drop into the vagina), or vaginal vault prolapses (in which the vagina collapses in on itself – an occasional complication of hysterectomy). The mesh is implanted surgically through the vagina.

Surgeons began using mesh to treat abdominal prolapse in women in the 1970s, based on a similar technique for repairing hernias that had been in use since the 1950s. Mesh devices made specifically for transvaginal application have been available since 1996, when the FDA approved the first such device.

The current transvaginal mesh lawsuit lists 16 different manufacturers of transvaginal mesh as defendants, including Danielle’s named defendants Ethicon and Johnson & Johnson.

Transvaginal mesh tends to cause a wide variety of harmful complications. The mesh can erode or scar the vaginal tissue. There were also some reports that the mesh perforated the bowels, bladder or blood vessels during insertion.

These complications can lead to pain, discomfort, and infection. Treatment of complications may require additional surgery.

The FDA issued a Public Health Notification in October 2008 warning consumers and their physicians about these potential complications. This notification was updated in July 2011 to state specifically that vaginal mesh complications are not rare, contrary to what had been reported in the 2008 notification.

In MDLs like this one, generally the court receives one long master complaint that lays out all possible allegations against all defendants. Then plaintiffs who wish to join the litigation file their own short-form complaint that refers to specific allegations and defendants in the master complaint, as Danielle has done.

The vaginal mesh lawsuit’s master complaint states that the polypropylene mesh used in these implants is biologically incompatible with human tissue and may cause severe adverse reactions.

The master complaint alleges a long list of defects associated with transvaginal mesh products, including their propensity to degrade and to shed particles of material, flaws in the insertion process that could result in nerve damage and other harm, and the propensity of the implants to elongate or shrink after application.

It alleges the various defendants either withheld information about the risks associated with these products or improperly downplayed those risks.

Danielle’s own claims include negligence, defective design and manufacture, failure to warn, fraud, concealment of vital safety information, misrepresentation, infliction of emotional distress, breach of warranty, violation of consumer protection laws, unjust enrichment, punitive damages, and tolling of the statute of limitations. In this MDL, victims’ spouses can also claim compensation for the effect of transvaginal mesh complications on the marital relationship.

This Vaginal Mesh MDL is In re: Ethicon Inc. Pelvic Repair System Products Liability Litigation, MDL no. 2327, in the U.S. District Court for the Southern District of West Virginia.

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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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.

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