By Ashley Milano  |  July 22, 2016

Category: Legal News

vaginal mesh lawsuitEthicon (a subsidiary of Johnson and Johnson) fraudulently concealed the dangers of surgical mesh and is in violation of consumer protection laws, according to a recent surgical mesh lawsuit.

The surgical mesh lawsuit filed by Plaintiff Debra T., an Alabama resident, who alleges that the Gynemesh and TVT implanted surgically in 2004 to treat her medical condition were negligently designed, thereby causing serious side effects including mesh erosion, organ damage, chronic pain and other surgical mesh problems.

In November 2004, Debra was implanted with Ethicon’s Gynemesh PS surgical mesh for the repair of pelvic organ prolapse. During the procedure, Debra also received a surgical mesh sling – a TVT Obturator System – to treat stress urinary incontinence, according to the surgical mesh lawsuit.

Shortly after the surgery, Debra claims she began experiencing significant mental and physical pain, has sustained permanent injury and will likely be forced to undergo one or more corrective surgical procedures due to surgical mesh problems associated with the medical devices that Ethicon allegedly failed to warn about.

Debra’s husband David joins the surgical mesh lawsuit, bringing forth claims of loss of consortium.

Both Debra and David are seeking compensatory damages for pain and suffering for the severe and permanent personal injuries sustained by Debra, along with medical care costs.  They are also requesting punitive damages and have requested a jury trial for this surgical mesh lawsuit.

Surgical Mesh Problems

After giving birth, undergoing certain surgical procedures, or suffering from medical conditions that strain the lower abdomen, some women develop health complications pertaining to the structure of their internal organs.

Surgeons often treat these conditions with surgical patches in the form of surgical mesh, also known as vaginal mesh, pelvic mesh or bladder slings. However, recent studies have shown that surgical mesh may not be safe.

Two conditions that are frequently treated with the surgical implantation of vaginal mesh, includes pelvic organ prolapse, which occurs when the muscles, ligaments, and connective tissues weaken and allow the uterus, bladder, and bowels to slip out of place, and for stress urinary incontinence, which happens when the urinary sphincter and pelvic floor muscles lose the ability to control the release of urine.

Both of these conditions may require the use of a surgical to add support to the lower abdomen.

However, thousands of surgical mesh problems have been reported to the Food and Drug Administration (FDA), prompting the agency to issue a safety communication stating that the use of surgical mesh is “an area of continuing serious concern.”

According to the FDA, there were over 3,874 cases of surgical mesh complications reported between 2005 and 2010. The safety communication report included instances of the following surgical mesh problems:

  • Mesh exposure
  • Mesh migration
  • Mesh contraction
  • Mesh erosion

These surgical mesh problems can result in devastating side effects including pain, infection, bleeding, organ perforation, vaginal scarring and shrinkage, and neuromuscular issues for victims.

Unfortunately, once the surgical mesh is in place, it can be difficult to perform additional surgeries to repair any mesh complications.

The Ethicon Surgical Mesh Lawsuit is Case No. 3:16-cv-04031 in the U.S. District Court for the District of New Jersey.

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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