Tamara Burns  |  September 4, 2015

Category: Legal News

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pelvic-mesh-sideeffects

A Kentucky woman joined the growing vaginal mesh multidistrict litigation, filing a lawsuit against Ethicon and its parent Johnson & Johnson over their TVT (transvaginal tape) product.

Plaintiff Terri B. reported in her short-form complaint (which has few details) that she had the Ethicon TVT implanted on May 26, 2011 by a surgeon in Kentucky. While the form did not indicate the specific damages she experienced personally, the form refers back to the Master Complaint where all of the various damages are explained.

Terri alleges that Ethicon’s TVT mesh is a defective product with manufacturing and design defects, multiple counts of negligence in misrepresentation, gross negligence and negligent infliction of emotional distress, loss and damages, and multiple counts of fraud, among others.

Despite Ethicon’s arguments in the multidistrict litigation (MDL), pretrial hearings for its vaginal mesh products, the U.S. District Court in West Virginia has decided to proceed with the MDL consolidation as planned.

All Ethicon lawsuits in the U.S. have been grouped together for  information gathering and pretrial hearings under one judge in a single court. When there are numerous lawsuits filed across the country that involve similar issues against the same or similar defendants, often these cases are reclassified as an MDL.

A single judge and court handle all of the plaintiff claims so the process can be streamlined with evidence being presented more effectively in a central location. This also allows for more consistency in rulings and outcomes from the proceedings.

Ethicon Vaginal Mesh Lawsuit History

Vaginal mesh implants (also known as transvaginal mesh, or TVT) are FDA approved devices to treat urinary stress incontinence and pelvic organ prolapse in women. The mesh is surgically implanted to artificially support organs.

While these treatments have helped many women, they have also led to debilitating complications. Women have suffered from complications of mesh erosion, leading to splitting and breakage and the small parts that broke off and led to infection and organ puncture. Additionally, women reported urinary and sexual problems, nerve damage, chronic pelvic, painful intercourse and inability to engage in intercourse.

As a result of all the adverse events and complaints regarding the product, the FDA changed the classification of surgical mesh implants from a moderate-risk device to a high-risk device in April 2014.

The U.S. District Court, Southern District of West Virginia was originally slated to have 26 Ethicon lawsuits heard, but recently that number was increased to 39 trials.

The Ethicon vaginal mesh MDL is In re: Ethicon Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2327, filed in the United States District Court for the Southern District of West Virginia. Terri’s case is 2:15-cv-11778.

Information on Filing a Vaginal Mesh Lawsuit

If you have experienced vaginal mesh complications, you may be eligible to file a lawsuit or join the streamlined MDL litigation. Our experienced attorneys can provide guidance at no obligation or cost to you.

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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