IL Woman Claims Negligence in Ethicon Prolene Vaginal Mesh Erosion Lawsuit

By Sarah Mirando | July 3, 2012

Category: Pharmaceuticals

By Mike Holter

A new vaginal mesh lawsuit has been filed in the Circuit Court of Cook County, Illinois by a woman who claims she suffered serious vaginal mesh complications. She is alleging negligence and insufficient warning of potential side effects against Defendants Ethicon, Inc. and Johnson & Johnson, as well as two doctors who failed to warn her about the potential vaginal mesh side effects, and failed to identify her vaginal mesh erosion.

Plaintiff Rosemary Anderson alleges in the vaginal mesh erosion lawsuit, filed on June 16, 2012, that she underwent a total hysterectomy and laparoscopic sacral colpopexy in 2010, and received an Ethicon Prolene vaginal mesh implant during the procedure. Anderson alleges the doctors who performed her procedure misinformed her on multiple occasions that she was not experiencing vaginal mesh erosion, even though she was. She is alleging 16 acts of negligence, including recommending the Ethicon Prolene vaginal mesh product when the doctors allegedly knew of the serious risks associated with the implant, failing to warn her of the vaginal mesh risks, and implanting the product improperly. She also claims the doctors failed to obtain informed consent regarding the possibility of vaginal mesh erosion, and later failed to properly recognize and diagnose her vaginal mesh erosion.

The vaginal mesh erosion lawsuit also holds Ethicon, a division of Johnson & Johnson, liable for injuries and damages Anderson suffered as a result of the defective Prolene vaginal mesh device. Prolene mesh products have been marketed as “safe, effective, and reliable medical devices,” even though they have a “high rate of failure, create an unreasonable risk of injury, have a high complication rate, fail to perform as intended, require frequent revision surgeries, and have caused severe irreversible injuries, conditions, and damage to [the Plaintiff],” the vaginal mesh lawsuit alleges.

Anderson accuses Ethicon and Johnson & Johnson of negligence, including manufacturing a known defective and dangerous device, and failing to provide adequate warning regarding possible vaginal mesh complications. Her vaginal mesh lawyer says that as a direct result of vaginal mesh erosion caused by the defective Prolene vaginal mesh device, Anderson has suffered personal and pecuniary injuries, including loss of past and future medical expenses, lost wages and/or lost earning capacity, disability, disfigurement, past and future pain and suffering, and emotional trauma — all of which are permanent in nature.

Vaginal Mesh Lawsuits

Rosemary Anderson is not alone. Hundreds of women who have suffered vaginal mesh complications, including vaginal mesh erosion, have filed lawsuits against the manufacturers, many of which have been consolidated into a single MDL proceeding. The vaginal mesh lawsuit MDL allows hundreds of transvaginal mesh victims to file lawsuits under the jurisdiction of one judge, but still allows each vaginal mesh Plaintiff to retain her own attorney and receive an individual award if the case is won or settled. The award they would receive is typically much larger than any individual award expected in a vaginal mesh class action lawsuit. In a transvaginal mesh class action lawsuit, hundreds of thousands of vaginal mesh patients are joined together. Once, or if, a vaginal mesh class action settlement is reached, the class members would typically share the award, which could be in the range of thousands of dollars per claimant, rather than tens of thousands, hundreds of thousands, or even millions of dollars in some cases for individual transvaginal mesh lawsuits. On the other hand, if the MDL settles, everyone who joined the transvaginal lawsuit MDL would receive any financial award individually, unlike in a class action lawsuit. The vaginal mesh lawsuit MDL lawyers will determine exactly what each Plaintiff will receive depending on the injury suffered. This may mean that those who suffered more serious vaginal mesh complications such as organ injuries will receive more than those who suffered less serious complications, such as pain during sex. The transvaginal mesh law firms litigating the MDL will determine this as the case progresses.

Vaginal Mesh Side Effects/Complications

Anyone who has a transvaginal mesh device, vaginal sling, or bladder sling needs to know the side effects so they can be caught and hopefully treated without further serious complications. Common vaginal mesh side effects alleged in lawsuits include pain during sex; urinary problems; pelvic organ prolapse; vaginal scarring; perforated bladder, perforated bowl or perforated blood vessels; mesh erosion into the vagina; infection and organ injuries. If you are experiencing these vaginal mesh side effects, you should see a doctor immediately for treatment. If you are experiencing these symptoms, or experienced some or all of these symptoms in the past, you should also speak with a transvaginal mesh specialist to see if you are a good fit to file a vaginal mesh class action lawsuit or an individual transvaginal mesh lawsuit.

If you would like more information about filing a transvaginal mesh class action lawsuit or would like to file an individual transvaginal mesh lawsuit or join the vaginal mesh lawsuit MDL, just go to the Transvaginal Mesh Class Action Lawsuit Investigation page. You can submit your information, or your loved one’s, to vaginal mesh attorneys who are actively investigating all claims regarding urinary problems, vaginal scarring, mesh erosion, organ injuries and other complications related to vaginal mesh devices. Transvaginal mesh attorneys are waiting to talk to you now and the consultation is free. These lawyers don’t get paid unless you win or settle.

Updated July 3rd, 2012

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