A couple has filed an Ethicon vaginal mesh lawsuit within the ongoing Ethicon vaginal mesh multidistrict litigation (MDL) after the wife sustained severe personal injury following the use of the medical device.
Plaintiff Lula H. and her husband Willie H. brought forth this action against Ethicon, Inc. and parent company Johnson & Johnson after Lula had the TVT-SECUR implanted in May 2007 and later suffered complications.
Ethicon vaginal mesh is used to treat women who are suffering from pelvic organ prolapse and stress urinary incontinence. In these conditions, the pelvic organs may shift out of their original location due to weakness or damage of the vaginal wall, causing distressful and painful symptoms. The mesh assists the surgeon in placing the organs back in their proper place to improve functioning and to reduce symptoms.
The Ethicon MDL
There have been so many vaginal mesh lawsuits alleging similar allegations against manufacturer Ethicon that all the federal lawsuits were consolidated into an MDL under a single judge in a single court to streamline the judicial process.
While Lula’s specific injuries were not detailed in her short form compliant, other plaintiffs in the sling lawsuits in the Ethicon vaginal mesh MDL allege that the following complications have surfaced following the device’s use:
- Biological incompatibility with foreign material leading to an immune response
- Mesh degradation and pelvic tissue degradation
- Yeast, fungus and bacteria adhere to the mesh and cause immune reactions and tissue breakdown
- Nerve damage
- Damage to internal organs
- Friction caused between interaction of mesh and tissue, causing tissue injury
- Mesh contraction or shrinkage
- Device failure
- Mesh shedding and migration
- Urinary and fecal incontinence
- Chronic pain
- Pain during intercourse
- Male injury to the penis during intercourse
- Vaginal or pelvic scarring
- Functional disabilities
- Need for revision surgery to correct problems caused by the mesh
The Ethicon vaginal mesh lawsuit states that “[u]pon information and belief the Defendants have consistently underreported and withheld information about the propensity of Defendants’ pelvic mesh Products to fail and cause injury and complications, and have misrepresented the efficacy and safety of the Pelvic mesh Products, through various means in media, actively and intentionally misleading the FDA, the medical community, patients, and the public at large.”
Lula and Willie have raised a number of allegations against the manufacturers including negligence, strict liability for manufacturing defect, failure to warn and defective product, design defect, fraudulent concealment, negligent misrepresentation, negligent infliction of emotional distress, gross negligence, unjust enrichment and punitive damages.
The couple is seeking a trial by jury and has not listed any specific damages. Plaintiffs who file product liability lawsuits, however, often seek damages relating to medical expenses, lost wages and loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, loss of spousal companionship and more. They also often seek punitive damages to punish the manufacturer for the alleged wrongdoing.
The Ethicon Vaginal Mesh Lawsuit is Case No. 2:17-cv-03509 and is part of the Ethicon Vaginal Mesh MDL 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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