Plaintiff Makes Defective Product Claim in Vaginal Mesh Lawsuit

Sheila Rhyne and her husband Randall Rhyne filed a new vaginal mesh lawsuit against Boston Scientific Corporation on February 4, 2013. The case is Rhyne v. Boston Scientific Corp, Case No. 2:13-cv-00098, U.S. District Court, Eastern District of Texas. The judge presiding over the case is U.S. District Judge Rodney Gilstrap.

Ms. Rhyne claims in her vaginal mesh lawsuit that she was implanted with Boston Scientific’s Advantage Fit bladder sling, a medical device used to treat stress urinary incontinence. According Ms. Rhyne, however, the device was defective in a number of ways and did not successfully treat her SUI condition. Instead, she suffered permanent and severe injuries caused by the bladder sling implant’s synthetic mesh.

Rhyne alleges in the lawsuit that the Advantage Fit sling is extremely dangerous and unfit to use. She details a number of specific reasons as to why the device is defective, including that the vaginal mesh used in the implant reacts negatively to human tissue, carries a high risk of infection, and can migrate from its original position. Another point of concern Rhyne raises in the lawsuit is that vaginal mesh is allegedly ineffective at treating stress urinary incontinence, which is what it is designed to treat.  

As a result of these alleged defects, Rhyne suffered the following side effects:

• Abscess/infection
• Chronic pain
• Extrusion
• Infection
• Perforation
• Vaginal mesh erosion

The lawsuit charges Boston Scientific with the following claims:

• Breach of warranty
• Defective design
• Defective manufacture
• Marketing defect
• Negligence
• Strict liability

The plaintiff has requested compensation to cover the pain and suffering she has endured, medical expenses, lost earnings, mental anguish, physical disfigurement, loss of household services, physical impairment, economic loss, non-economic loss, court and attorney’s fees, punitive damages, as well as interest.

On the heels of a substantial victory in the first vaginal mesh lawsuit trial where the plaintiff was awarded over $11 million, it leaves other vaginal mesh side effect victims confident of the compensation they may also receive. However, it is unclear at this time how many of these vaginal mesh lawsuits will have to go to trial prior to the manufacturers being more eager to settle the cases that are currently pending. Some think that because of this substantial jury award that the other vaginal mesh manufacturers may decide to settle quickly.

If you have been injured by a vaginal mesh implant you may be able to file a lawsuit of your own. However, you need to act soon in order to receive the compensation you deserve.  Get your free legal review at the Vaginal Mesh Sling Class Action Lawsuit Investigation page today from an experienced vaginal mesh injury attorney.