A Texas couple has joined the growing ranks of plaintiffs who have filed transvaginal mesh complications lawsuits, alleging that the devices are defectively designed and manufactured and fail to provide adequate warnings about their risk of organ damage, mesh erosion, infection and other serious vaginal mesh complications.
Sandra and David R. of El Paso, Texas accused Johnson & Johnson of negligence, fraud, product liability, violation of consumer protection laws, unjust enrichment and breach of warranty in connection to its Ethicon transvaginal mesh implant.
The plaintiffs in tens of thousands of vaginal mesh lawsuits against a variety of manufacturers say they have suffered physically, emotionally and financially. Many of the plaintiffs have undergone surgeries to remove the transvaginal mesh devices.
The devices purportedly erode inside the body, damaging organs and causing extreme pain. Surgery is required to remove the implant. Bloomberg reported in December that the federal judge presiding over more than 30,000 vaginal mesh lawsuits in a multidistrict litigation in West Virginia urged vaginal mesh manufacturer C.R. Bard to settle thousands of lawsuits based on multimillion dollar jury verdicts and the potential for the company to be on the hook for billions more.
“I can’t imagine a corporation facing potentially billions of dollars in verdicts wouldn’t find it advisable to try to achieve a settlement for a much lesser sum,” the judge said. “I base that billions of dollars business on some of the rather large verdicts that we’ve had.”
In September, another federal jury found Johnson & Johnson’s Ethicon liable for selling faulty vaginal mesh devices and failing to warn both patients and doctors of the potential side effects such as pain, bleeding and infection.
Jurors awarded $3.27 million to the plaintiff, who had a Gynecare TVT Obturator implanted in 2011 to treat urinary stress incontinence. The device caused intense pelvic pain.
The verdict followed one for $11 million in a New Jersey vaginal mesh trial in state court and a $1.2 million verdict in Texas state court. In addition to Johnson & Johnson, there are more than two dozen manufacturers of vaginal mesh implants, including Boston Scientific and C.R. Bard.
In 2012, the FDA ordered manufacturers to study rates of organ damage and complications linked to vaginal mesh products. Vaginal mesh devices are typically manufactured from a porous synthetic or other organic material.
The device is surgically implanted to repair damage tissue often caused by organ prolapse and stress urinary incontinence.
In April, Endo International agreed to pay $830 million to settle 20,000 lawsuits stemming from eroded vaginal mesh implants, leaving patients with painful incontinence.
The U.S. Food and Drug Administration is considering proposals to tighten safety standards for transvaginal mesh devices used to treat pelvic organ prolapse, according to Reuters. If approved, manufacturers would be required to submit data proving the devices’ safety and effectiveness before allowing them to be sold.
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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