A woman has recently filed a lawsuit against Johnson & Johnson’s subsidiary, Ethicon, over complications resulting from the company’s vaginal mesh product. Her lawsuit joins more than 32,000 others currently pending in the Ethicon multidistrict litigation.
Plaintiff Kristi B., an Oregon resident, has named both Ethicon and Johnson & Johnson in her Ethicon vaginal mesh complications lawsuit. The plaintiff says she was implanted with Ethicon TVT-Exact and Coloplast-Aris, but her claim is only regarding the Ethicon product which was implanted Jan. 26, 2016.
Kristi has brought forth a number of counts in her Ethicon vaginal mesh complications lawsuit including negligence, strict liability allegations of manufacturing defect, failure to warn, defective product and design defect, common law fraud, fraudulent concealment, constructive fraud, negligent misrepresentation, negligent infliction of emotional distress, breaches of express and implied warranties, violation of consumer protection laws, gross negligence, unjust enrichment, punitive damages and discovery rule and tolling.
The plaintiff is seeking an unspecified amount and damages for her injuries that have not been detailed in her short form complaint that has placed her vaginal mesh lawsuit within the Ethicon multidistrict litigation.
The Ethicon Vaginal Mesh Complications Lawsuit is Case No. 2:17-cv-03017 and is part of the Ethicon Pelvic Mesh MDL, MDL No. 2327, In Re: Ethicon Inc., Pelvic Repair System Products Liability Litigation, in the U.S. District Court for the Southern District of West Virginia, Charleston Division.
Ethicon Vaginal Mesh Complications Cited in the Master Form Complaint
Because there were so many lawsuits against Ethicon alleging similar claims, these pelvic mesh lawsuits were consolidated into a multidistrict litigation that is currently housed in West Virginia federal court. These claims were funneled into a single court under a single judge in order to consolidate resources and to streamline the litigation process.
A master form complaint was filed that alleges the variety of Ethicon vaginal mesh complications that have been reported by plaintiffs. These complications include, but are not limited to the following:
- Contraction, retraction or shrinkage of the mesh which can pull on other organs and structures
- Mesh degradation or fragmentation
- Inelasticity of the mesh “preventing proper mating with pelvic floor and vaginal region”
- Mesh erosion or extrusion
- Chronic inflammation
- Permanent vaginal or pelvic scarring
- Permanent vaginal shorting
- Recurrent pelvic pain and other pain
- Need for revision surgery
The master form complaint also states that pelvic mesh treatment “is no more effective than feasible available alternatives” and “exposes patients to greater risk than feasible available alternatives” and “makes future surgical repair more difficult than feasible available alternatives” and “puts the patient at greater risk of requiring additional surgery than feasible alternatives.”
Filing a Lawsuit over Ethicon Vaginal Mesh Complications
If you have suffered from any of the previously mentioned Ethicon vaginal mesh complications, or other complications not mentioned, you may be eligible to seek legal recourse by filing a vaginal mesh lawsuit against the manufacturer.
Plaintiffs who file product liability lawsuits against drug and medical device manufacturers are often able to recover economic and noneconomic damages including costs related to medical care, lost earnings, pain and suffering, mental anguish, loss of spousal intimacy, loss of enjoyment of life and more.
Additionally, plaintiffs may seek punitive damages against the drug or medical device manufacturer. These damages are awarded to plaintiffs and serve to punish the defendant for their alleged wrongdoing. These damages are usually awarded in addition to the economic and noneconomic damages that plaintiffs seek.
An attorney experienced in product liability lawsuits who is familiar with Ethicon Vaginal mesh complications can provide you with a free case review and can advise you on your legal options should you choose to pursue litigation.
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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