By Amanda Antell  |  February 12, 2014

Category: Legal News

EthiconMissouri plaintiff couple Diana M. Cassaday and Randall Cassaday are suing Ethicon LLC and its parent company Johnson & Johnson for the injuries the primary plaintiff sustained.  The lawsuit alleges that Diana M. Cassaday suffered severe pain and injuries which resulted in various health problems as a result of Ethicon’s TVT vaginal sling.

The Ethicon vaginal sling was implanted on Jan. 28, 2009 to treat Cassaday’s stress urinary incontinence (SUI).  The plaintiff had sought discreet treatment to her problem, with the hope that it would allow her to live a less interrupted life.  Ideally, the surgery would have improved bladder control and prevented instantaneous urination.

Instead, the plaintiff suffered from complications often experienced by vaginal mesh patients.  Soon after implantation, Cassaday started suffering from severe pain and suffering. Upon returning to the doctor, it was discovered that she was suffering from a medical hazard.  Cassady’s exact injuries were not disclosed in the vaginal mesh lawsuit, but the complaint did mention mesh erosion and infection — common allegations raised in thousands of other vaginal mesh lawsuits.

At no point in time did Cassaday or her husband know about the possible side effects that the TVT sling could bring. They also claimed that there were no warnings or instructions for the surgeons.  Additionally, the defendant company allegedly made no effort to contact or notify the plaintiffs on this matter. Cassaday contends that Ethicon had the responsibility to warn her of these facts, because she was relying on the information at the time.

For being directly responsible for manufacturing, selling, distributing, and marketing a dangerous product, Cassady and her husband are suing Ethicon LLC.  The charges include negligence, false advertising, concealing information, and misrepresenting a product.

Overview of Vaginal Mesh Complications

Like most vaginal slings, Ethicon’s TVT (Tension-free Vaginal Tape) is designed to treat women with stress urinary incontinence.  This condition occurs when pressure is put on the bladder, which initiates uncontrollable urination.

The TVT is inserted directly under the urethra for support, simulating a hammock, so the muscle can remain closed and prevent accidental release.  TVT is one of the many variant forms of vaginal mesh kits and products available in the United States; these devices are often used to also treat pelvic organ prolapse (POP), or similar conditions.

Ever since it was first innovated during the 1990s, transvaginal mesh has become one of the most popular treatment choices for women with these sensitive conditions.  Throughout the years, many mesh manufactures have popped up, marketing their own variants of vaginal mesh; each earning approval from the FDA.  That time, they have grown increasingly popular, but it was also learned in that time that these devices could cause serious side effects in the patient’s body, if not implemented properly.

Due to these complications, many women were forced to get revision surgery after their initial implementation, in order to treat their newfound conditions.  The first warning for vaginal mesh came from the FDA in 2008, when the injury reports rose to a certain number, but the urgent warning came in 2011, when that number reached 1,000.

The symptoms and injuries women often report from vaginal mesh implants are:

  • Pelvic and urinary pain
  • Pain during intercourse
  • Vaginal scaring
  • Mesh erosion through the vaginal lining
  • An increased risk of infection
  • Puncturing of the blood vessels, bowels, bladder, and recurrence of SUI

 

Vaginal Mesh Litigation Movement

Cassaday’s case is part of a multidistrict litigation (MDL) movement against Ethicon LLC and Johnson & Johnson, joining other women who suffered similar injuries.  According to the Securities and Exchange Commission, 650 women out of the 47,000 women who underwent mesh implantation in July 2012 have filed lawsuits.

The Ethicon vaginal mesh MDL is In Re: Ethicon Inc., Pelvic Repair System Products Liability Litigation, MDL No. 2327, in the United States District Court for Southern West Virginia.

File a Vaginal Mesh Lawsuit

If you believe that you or a loved one have been the victim of a vaginal mesh injury, you have legal options.  Visit the Vaginal Mesh Sling Class Action Lawsuit Investigation.  There, you can submit your claim for a free legal review and if it qualifies for legal action, a seasoned vaginal mesh lawyer will contact you for a free, no-obligation consultation.  You will be guided through the litigation process at no out-of-pocket expenses or hidden fees. The vaginal mesh attorneys working this investigation do not get paid until you do.

 

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