Indiana Couple Sues AMS for Transvaginal Mesh Failure
By Jessica Tyner
Sheryl Andis and her husband, Thomas Andis, filed a lawsuit on June 27, 2013 against American Medical Systems, the makers of a popular pelvic mesh repair system. Transvaginal mesh implants are often inserted in women to help with pelvic organ prolapse (POP) and related incontinence. However, victims like Andis aren’t aware of just how risky these devices might be.
POP happens when a pelvic organ (such as the bladder, urethra, uterus, vagina, small bowel or rectum) drops from the normal spot and “lands” on the walls of the vagina. This is common with weak muscles that hold pelvic organs in place, most commonly after childbirth or a hysterectomy. POP isn’t uncommon, and it’s not dangerous or painful — sometimes, it even gets better on its own. However, a pelvic mesh implant can lead to a lifetime of problems because it chews through soft tissue and organs, causing permanent scarring and sometimes infertility.
The Andis’ Vaginal Mesh Lawsuit
American Medical Systems is a very popular manufacturer of vaginal mesh products, and this isn’t the first time a vaginal mesh lawsuit has been filed against them. Andis had the Monarc Subfascial Hammock inserted on July 9, 2009 at the recommendation of her doctor. Dr. Allen Walker inserted the pelvic mesh device at Deaconess Hospital in Evansville, Indiana. However, it wasn’t long before things went wrong. Replacement surgeries and sometimes just the removal of vaginal mesh are expensive and painful.
The first count the Andis’ are suing AMS for is negligence, since the company knew (or should have known) about the risks of using vaginal mesh. Design and manufacturing defect, failure to warn, a defective product, breach of warranty and fraudulent concealment are also part of the vaginal mesh injury lawsuit.
Sometimes the impact of a faulty vaginal mesh implant can change a person’s life — other victims claim the products caused their divorce, since sometimes it becomes too painful to have sex.
The Andis’ are also suing for constructive fraud, negligent misrepresentation, infliction of emotional distress, violation of consumer protection laws, gross negligence, unjust enrichment, loss of consortium (for the husband) and punitive damages. It might even be too soon to tell just how far-reaching her injuries are.
The case is Andis v. American Medical Systems Inc., Case No. 13-cv-26041, in the United States District Court for the Southern District of West Virginia Charleston Division. It has joined the AMS vaginal mesh MDL known as In Re: American Medical Systems, Inc., Pelvic Repair System Products Liability Corporation.
Did You Suffer from a Vaginal Mesh Injury?
Did your doctor recommend pelvic mesh to treat POP, but it caused costly and painful complications? If you’re like Mrs. Andis, you may have a vaginal mesh lawsuit. You can read more by visiting the Transvaginal Mesh, Vaginal Sling, Vaginal Mesh and Bladder Sling Class Action Lawsuit Investigation. Submit your information for a free legal review and a vaginal mesh lawyer will contact you if you if you have a case.
Updated August 9th, 2013
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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