Kimberly and Mark Leasure are the latest couple to file a vaginal mesh lawsuit after Kimberly experienced difficulties following the implantation of a device that was supposed to aid with incontinence and pelvic organ prolapse (POP). The Maryland couple filed their vaginal mesh lawsuit into multidistrict litigation (MDL) on Nov. 1, 2013, joining divisions in both Maryland and New Jersey. Their lawsuit is targeted at Ethicon Inc., Ethicon LLC and Johnson & Johnson. However, other companies which qualify for a vaginal mesh complaint include Coloplast Corp., Mentor Worldwide LLC, Tissue Science Laboratories Limited (TSL), Sofradim Production SAS, CR Bard and Scientific Corporation.
According to vaginal mesh victims like Kimberly and Mark, the devices can become embedded in flesh and organs, causing sometimes permanent damage include infertility and the inability to enjoy having sex. Spouses like Mark qualify because, when one partner in a marriage is injured, it impacts the other. There are some couples who say vaginal mesh complications led to their divorce.
In Kimberly’s case, she was implanted with the TVT/TVT-Obturator. There are many other transvaginal mesh devices which also qualify for a vaginal mesh claim, such as the TVT-Abbrevo, TVT-Exact, TVT-SECUR, Prosima, Gynemesh/Gynemesh PS, Prolift and Prolift +M.
Made out of metal, these vaginal meshes, vaginal slings, transvaginal meshes and bladder slings have all reportedly caused irreparable damage to women. Sometimes multiple revision and removal surgeries are required, and even then not all pieces of the mesh may be recovered.
The scarring which can occur is impossible to correct, and this is what can cause infertility and pain. Additionally, the surgeries required in an attempt to extract the devices is costly — particularly for those without insurance — and can lead to a long recovery period. During this time, the women may not be able to work, leading to a downward spiral in the family’s finances.Kimberly had the device implanted on Jan. 16, 2009. Just like patients, doctors rely on the information provided by the makers of devices in order to make sound decisions. According to the Leasures, there was no adequate warning information. They were unaware of the potential vaginal mesh risks, including the chances of the device chewing into nearby flesh and organs.
It’s unclear in the Leasures’ complaint just how severe Kimberly’s vaginal mesh complications are or how extreme the impact has been on their marriage and finances. However, even one removal surgery can make a big dent in a family’s bank account. Not only is Kimberly facing complications from this defective device, she’s facing an exacerbated situation — she’s still suffering from her original ailment, but it’s snowballed to include additional problems from the transvaginal mesh implant.
By joining a vaginal mesh multidistrict litigation (MDL), the Leasures will take advantage of a faster resolution, but also help warn other women about the vaginal mesh hazards. There are likely more victims out there who have yet to come forward and pursue the compensation they deserve for such incredible pain, suffering and the mounting medical bills.Facing the Manufacturers
The couple has a long list of complaints against the manufacturers of vaginal slings. They’re suing for negligence, manufacturing defect, failure to warn, a defective product, design defect, common law fraud, fraudulent concealment and constructive fraud. Additionally, negligent misrepresentation, negligent infliction of emotional distress, breach of warranty, violation of consumer protection laws, gross negligence, unjust enrichment, punitive damages, and discovery rule and tolling are part of their claim.
Mark qualifies for loss of consortium as well. A trial by jury will still be enjoyed by the couple, even with the vaginal mesh MDL approach. Any attorney fees, interest, cost of suit and other relief the court sees as appropriate may also be included in the final outcome.
The Leasures are just the latest couple to band together for a vaginal mesh lawsuit, and they’re joining many others.
Do You Have a Vaginal Mesh Complaint?
Are you a woman who received a vaginal mesh or related device and had revision surgery to repair damage caused by vaginal mesh, or you have surgery scheduled? If you have a story to share, you might qualify for a vaginal mesh legal claim. You can find out more by visiting the Transvaginal Mesh, Vaginal Sling, Vaginal Mesh and Bladder Sling Class Action Lawsuit Investigation. Submit your story, and a lawyer will contact you if you qualify for a complimentary vaginal mesh claim review.
All medical device, dangerous drug and medical class action and lawsuit news updates are listed in the Drug and Medical Device section of Top Class Actions.
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