Plaintiff Priscilla A. initiated a lawsuit against Johnson & Johnson Inc. and its subsidiary Ethicon Inc. on July 21, 2017 in the U.S. District Court for the Southern District of West Virginia, Charleston Division.
Priscilla says she had experienced Ethicon Mersilene Mesh and TVT Obturator complications after their respective implantation dates of Feb. 8, 2002 and Aug. 26, 2011.
The plaintiff, a resident of the Texas, joins multidistrict litigation (MDL) No. 2327 with this action. MDL No. 2327 was set up in a federal court in West Virginia and concerns several mesh products used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI) in women.
TVT Obturator complications and difficulties with at least eight other pelvic mesh products are named in this larger legal action as well as several other developers and manufacturers.
A Brief History of Pelvic Mesh Repair Products
Mesh products have been used by surgeons in the repair of hernias since the 1950s. Within a 20-year window between 1970 and 1990, gynecologists began to adapt hernia repair mesh to use with POP repair and SUI treatment.
Eventually, as we see today, manufacturers of mesh products have adapted to this trend by creating pelvic mesh kits for treatment of these conditions specifically.
The pelvic mesh products created by the defendants could be put on the market through the Food and Drug Administration’s (FDA) 510(k) program based on the notion that they were similar if not identical to the hernia mesh products on the market.
The 510(k) program does not require the developers and manufacturers to prove safety through clinic trials that are needed for medical devices that are completely new. It is assumed if they are equivalent to something already on the market, the item already on the market has been through this process.
Mersilene Mesh and TVT Obturator Complications
According to the legal documentation of the MDL, the pelvic mesh products made by the defendants performed in a manner contrary to how they were promoted.
While the defendants promoted the pelvic mesh as completely safe, numerous instances of adverse tissue reactions occurred. Instances of inflammation, nerve damage, scarring, migration, mesh contraction and erosion were among 1,000 events reported to the FDA.
Priscilla A. is bringing the following complaints for the Mersilene Mesh and TBT Obturator complications she experienced against Johnson and Johnson Inc. and Ethicon Inc.: Negligence, Manufacturing Defect, Failure to Warn, Defective Product, Design Defect, Common Law Fraud, Fraudulent Concealment, Constructive Fraud, Negligent Infliction, Negligent Infliction of Emotional Distress, Breach of Express Warranty, Breach of Implied Warranty, Violation of Consumer Protection Laws, Gross Negligence, Unjust Enrichment, Punitive Damages, and Discovery Rule and Tolling.
The plaintiff is seeking a trial by jury in this Mersilene Mesh and TBT Obturator complications lawsuit with a fair and equitable judgment on her behalf.
She asks for compensatory damages accessed with her sustained personal injuries, economic liabilities such as hospital and medical bills, and pain and suffering kept in mind. She is also asking for compensation for all court and attorney fees, punitive damages, and restitution of profits made at her expense.
The Mersilene Mesh and TVT Obturator Lawsuit is Case No. 2:17-cv-03675 in the U.S. District Court for the Southern District of West Virginia, Charleston Division.
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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