An Illinois couple recently filed a vaginal mesh lawsuit against Ethicon for the defective design of the TVT vaginal mesh device.

The couple, Maricruz and George S., filed their vaginal mesh lawsuit as part of a multidistrict litigation, or MDL.

Maricruz had the TVT vaginal mesh device implanted in 2005 and has since discovered its defective design.

The couple alleges that Ethicon failed to adequately warn the plaintiffs, the public, and the medical community about the dangers associated with their defective TVT product.

This vaginal mesh lawsuit was filed on multiple counts, including but not limited to negligence, failure to warn, fraudulent concealment, breach of express and implied warranties, and negligent infliction of emotional distress. The Illinois couple also requests punitive damages against Ethicon for their involvement.

The Vaginal Mesh Lawsuit is Maricruz and George S. v. Ethicon Inc., et al., Case No. 2:15-cv-14192, in the U.S. District Court for the Charleston Division of the Southern District of West Virginia.

What is a Vaginal Mesh Implant?

A vaginal mesh implant (or transvaginal mesh implant) is used to treat various conditions in women. Among these conditions are stress urinary incontinence (SUI) and pelvic organ prolapse (POP).

These conditions generally occur following a hysterectomy, menopause, or childbirth.

Vaginal mesh insertion is a quicker and easier process than abdominal insertion of the implants, which is why many patients are led to believe that it is the safer choice. However, complications with these products have led thousands of women to file vaginal mesh lawsuits.

Despite its benefits, several vaginal mesh products have been linked with serious complications, including mesh erosion and even organ perforation – which can be extremely dangerous for patients. Though it may be less invasive during surgery and therefore seem like the benefits outweigh the risks, the thousands of women who have suffered from these issues due to vaginal mesh implant defects might disagree.

Mesh erosion occurs when mesh breaks apart and passes through the vaginal wall, which causes bleeding, severe pain, infection, and even nerve damage. Organ perforation is not a separate complication, but instead is the second stage of mesh erosion.

Once the mesh erodes through the vaginal wall, it can perforate other organs with its jagged edge, which can result in permanent damage.

Background of Vaginal Mesh Complications

Many of the vaginal mesh products on the market today were approved based on the previous approval of the ProtoGen Sling. However, the ProtoGen Sling is a product which was recalled due to safety issues in 1999 after the FDA found the ProtoGen Sling had a “higher than expected rate of vaginal erosion.”

The fact that so many current products have been approved based on the defective ProtoGen Sling is concerning, and has resulted in a great deal of suspicion and caution surrounding other vaginal mesh products.

In 2008, the FDA reported that vaginal mesh complications from devices used for POP treatment were rare. In 2011, however, the agency updated its statement to warn patients and doctors that such complications are not rare, and not limited to one product.

In 2011, the FDA also reported that “it is not clear that transvaginal POP repair with mesh is more effective” than repair without mesh, and may even “expose patients to greater risk.”

Thousands of injured parties have filed transvaginal mesh lawsuits, and some have won between $10 million and $100 million in physical and financial damages.

If you or someone you know has experienced complications from vaginal mesh used to treat SUI, POP, or something else, you may have cause to file a vaginal mesh lawsuit.